KMOmnibus Election Code

RA No 8295 | Proclamation of a Lone Candidate in a

OMNIBUS ELECTION CODE Special Election 65
OF THE PHILIPPINES RA No 8436 | Automated Election System Act 66
RA No 9006 | Fair Election Act 74
Election Laws, Rules, and Procedures [IRR] RA 9006 Fair Elections Act in connection with
the May 2016 elections 74

B.P. Blg. 881 RA No 9189 | The Overseas Absentee Voting Act of 2013
77

TABLE OF CONTENTS [IRR] RA 9189 The Rules and Regulations
Implementing the Overseas Voting Act of 2003 77
BP Blg 881 | Omnibus Election Code of the Philippines 3 [IRR] RA 10590 The Rules and Regulations
Implementing the Overseas Voting Act of 2003 as
ARTICLE I GENERAL PROVISIONS 3 amended 77
ARTICLE II ELECTION OF PRESIDENT AND
VICE-PRESIDENT 4 RA No 9225 | Citizenship Retention and Re-acquisition
ARTICLE III ELECTION OF MEMBERS OF THE Act of 2003 83
BATASANG PAMBANSA 5 [IRR] RA 9225 2008 Revised Rules Governing
ARTICLE IV ELECTION OF LOCAL OFFICIALS 6 Philippine Citizenship 83
ARTICLE V ELECTION OF MEMBERS OF THE RA No 10366 | Accessible Polling for PWDs and Senior
REGIONAL ASSEMBLY OF THE AUTONOMOUS
Citizens 84
REGIONS. 7
[IRR] RA 10366 Accessible Voting of PWDs and Senior
ARTICLE VI ELECTION OF BARANGAY OFFICIALS 7
Citizens 84
ARTICLE VII THE COMMISSION ON ELECTIONS 9
ARTICLE VIII POLITICAL PARTIES 11 RA No 10367 | Mandatory Biometrics Voter Registration
ARTICLE IX ELIGIBILITY OF CANDIDATES AND Act 86
CERTIFICATE OF CANDIDACY 11 [IRR] RA 10367 An Act Providing for Mandatory
ARTICLE X CAMPAIGN AND ELECTION PROPAGANDA Biometrics Voter Registration 86
13
RA No 10380 | Local Absentee Voting for Media Act 86
ARTICLE XI ELECTORAL CONTRIBUTIONS AND
EXPENDITURES 14 [IRR] RA 10380 Local Absentee Voting for Media 86
ARTICLE XII REGISTRATION OF VOTERS 17 RA No 10756 | Election Service Reform Act 87
ARTICLE XIII PRECINCTS AND POLLING PLACES 20 [IRR] RA 10756 Election Service Reform Act 87
ARTICLE XIV BOARD OF ELECTION INSPECTORS 22
ARTICLE XV WATCHERS 23 COMELEC Rules of Procedure 88
ARTICLE XVI OFFICIAL BALLOTS AND ELECTION COMELEC Rules of Procedures in the Investigation
RETURNS 23 and Prosecution of Election Offense Cases 88
ARTICLE XVII CASTING OF VOTES 25 PART I INTRODUCTORY PROVISIONS 88
ARTICLE XVIII COUNTING OF VOTES 27 Rule 1 — Title and Construction 88
ARTICLE XIX CANVASS AND PROCLAMATION 31 PART II POWERS OF THE COMMISSION AND
TRANSACTION OF BUSINESS 89
ARTICLE XX PRE-PROCLAMATION CONTROVERSIES
34 Rule 2 — Powers of the Commission 89
ARTICLE XXI ELECTION CONTESTS 34 Rule 3 — How the Commission Transacts
Business 89
ARTICLE XXII ELECTION OFFENSES 35
Rule 4 — Disqualification and Inhibition 90
ARTICLE XXIII LEGAL FEES 41
PART III INITIATION OF ACTIONS OR PROCEEDINGS
ARTICLE XXIV TRANSITORY PROVISIONS 41
BEFORE THE COMMISSION 90
ARTICLE XXV FINAL PROVISIONS 42
Rule 5. — Parties to Actions or Proceedings 90
EO No 157 | Local Absentee Voting Act 43 Rule 6 — Commencement of Action or
Proceedings 90
RA No 6646 | The Electoral Reforms Law of 1987 43 Rule 7 — Pleadings 90
Rule 8 — Intervention 91
RA No 6735 | The Initiative and Referendum Act 47
Rule 9 — Amended and Supplemental Pleadings
I. — General Provisions 47 91
II. — National Initiative and Referendum 48 Rule 10 — Periods for Pleading 91
III. — Local Initiative and Referendum 48 Rule 11 — Motions 91
IV. — Final Provisions 49 Rule 12 — Service and Filing of Pleadings and
Other Papers 92
RA No 7166 | Synchronized National and Local Elections
Act 49 Rule 13 — Prohibited Pleadings 92
PART IV DISPOSITION OF ACTIONS OR
RA No 7941 | Party-List System Act 57 PROCEEDINGS 92
[IRR] RA 7941 Party-List System Act 57 Rule 14 — Summons 92
Rule 15 — Pre-Trial 92
RA No 8189 | The Voter’s Registration Act of 1996 59
Rule 16 — Subpoena 93
Rule 17 — Hearings 93
© Compiled by Rehne Gibb Larena | JD-2 | University of San Carlos

OMNIBUS ELECTION CODE ELECTION LAWS, RULES AND PROCEDURES

Rule 18 — Decisions 93 Rule 6 Election Protest 112

Rule 19 — Motions for Reconsideration 94 Rule 7 Summons 113
PART V PARTICULAR ACTIONS OR PROCEEDINGS 94 Rule 8 Answer and Counter-Protest 113
A. ORDINARY ACTIONS 94 Rule 9 Motions 114
Rule 20 — Election Protests 94 Rule 10 Prohibited Pleadings 114
Rule 21 — Quo warranto 95 Rule 11 Filing fees and cash deposits 114
Rule 22 — Appeals from Decisions of Courts in Rule 12 Production and Custody of Ballot Boxes,
Election Protest Cases 95 Election Documents, Data Storage Devices, and
B. SPECIAL ACTIONS 96 Machines Used in the Elections 114
Rule 23 — Petition to Deny Due Course to or Rule 13 Preliminary Conference 115
Cancel Certificates of Candidacy 96 Rule 14 Subpoena 115
Rule 24 — Proceedings Against Nuisance Rule 15 Recount of Ballots 116
Candidates 97 Rule 16 (17a) Photocopying of Ballots/Printing of
Rule 25 — Disqualification of Candidates 97 Ballot Images/Augmentation of Cash Deposit 118
Rule 26 — Postponement or Suspension of Rule 17 (18a) Presentation of Evidence 118
Elections 98 Rule 18 (19a) Decisions 119
C. IN SPECIAL CASES 98 Rule 19 (20a) Motion for Reconsideration 120
Rule 27 — Pre-Proclamation Controversies 98 PART IV MISCELLANEOUS MATTERS 120
D. SPECIAL RELIEFS 101 Rule 20 (21a) Electronic Evidence 120
Rule 28 — Certiorari, Prohibition and Mandamus Rule 21 (22a) Authentication of Electronic
101 Documents and Data 120
Rule 29 — Contempt 101 Rule 22 (23a) Costs damage and Attorney's Fees
E. PROVISIONAL REMEDIES 102 120
Rule 30 — Injunction 102 Rule 23 (24a) Amendatory, Repealing and
F. SPECIAL PROCEEDINGS 102 Effectivity Clause 120

Rule 31 — Annulment of Permanent List of Voters
102
Rule 32 — Registration of Political Parties or
Organization 102
Rule 33 — Accreditation of Citizens' Arms of the
Commission 103
G. ELECTION OFFENSES 104
Rule 34 — Prosecution of Election Offenses 104
PART VI PROVISIONS GOVERNING ELECTION
CONTESTS AND QUO WARRANTO CASES BEFORE
TRIAL COURT 105
Rule 35 — Election Contests Before Courts of
General Jurisdiction. 105
Rule 36 — Quo Warranto Case Before Courts of
General Jurisdiction 106
PART VII ELEVATION OF DECISIONS TO THE
SUPREME COURT 107
Rule 37 — Review of Decisions of the Commission
107
PART VIII GENERAL PROVISIONS 107
Rule 38 — Clerk of Court and Deputy Clerk of
Court of the Commission 107
Rule 39 — Seal of the Commission 108
Rule 40 — Fees and Charges 108
PART IX CONCLUDING PROVISIONS 110
Rule 41 — Supplementary Rules 110
Rule 42 — Repealing Clause and Effectivity 110
The Comelec Rules of Procedure on Disputes in an

Automated Election System 110
PART I INTRODUCTORY PROVISIONS 110
Rule 1 Preliminary Provisions 110
Rule 2 Definition of Terms 110
PART II PRE-PROCLAMATION CONTROVERSIES 111
Rule 3 Coverage of Pre-Proclamation
Controversies 111
Rule 4 Illegal Composition or Proceedings of the
Board of Canvassers 111
Rule 5 Canvas on Manually Prepared Election
Returns 112
PART III ELECTION PROTEST 112
© Compiled by RGL 2 of 39


sixty days after the vacancy occurs to elect the Member to
serve the unexpired term.
BP Blg 881 | Omnibus Election Code of (2) In case of the dissolution of the Batasang
the Philippines Pambansa, the President shall call an election which shall
not be held earlier than forty-five nor later than sixty days
from the date of such dissolution.
The Commission shall send sufficient copies of its
ARTICLE I GENERAL PROVISIONS resolution for the holding of the election to its provincial
Section 1. Title. — This Act shall be known and cited election supervisors and election registrars for
as the "Omnibus Election Code of the Philippines." dissemination, who shall post copies thereof in at least
three conspicuous places preferably where public
Section 2. Applicability. — This Code shall govern all meetings are held in each city or municipality affected.
election of public officers and, to the extent appropriate,
all referenda and plebiscites. Section 8 Election Code to be available in polling
places. — A printed copy of this Code in English or in the
Section 3. Election and campaign periods. — Unless national language shall be provided and be made
otherwise fixed in special cases by the Commission on available by the Commission in every polling place, in
Elections, which hereinafter shall be referred to as the order that it may be readily consulted by any person in
Commission, the election period shall commence ninety need thereof on the registration, revision and election
days before the day of the election and shall end thirty days.
days thereafter.
Section 9 Official mail and telegram relative to
The period of campaign shall be as follows: elections. — Papers connected with the election and
1. Presidential and Vice-Presidential Election — 90 required by this Code to be sent by public officers in the
days; performance of their election duties shall be free of
postage and sent by registered special delivery mail.
2. Election of Members of the Batasang Pambansa Telegrams of the same nature shall likewise be
and Local Election — 45 days; and transmitted free of charge by government
3. Barangay Election — 15 days. telecommunications and similar facilities.
The campaign periods shall not include the day It shall be the duty of the Postmaster General, the
before and the day of the election. Director of the Bureau of Telecommunications, and the
However, in case of special elections under Article VIII, managers of private telecommunication companies to
Section 5, Subsection (2) of the Constitution, the transmit immediately and in preference to all other
campaign period shall be forty-five days. communications or telegrams messages reporting
election results and such other messages or
Section 4 Obligation to register and vote. — It shall communications which the Commission may require or
be the obligation of every citizen qualified to vote to may be necessary to ensure free, honest and orderly
register and cast his vote. elections.
Section 5 Postponement of election. — When for any Section 10 Election expenses. — Except in barangay
serious cause such as violence, terrorism, loss or elections, such expenses as may be necessary and
destruction of election paraphernalia or records, force reasonable in connection with the elections, referenda,
majeure, and other analogous causes of such a nature plebiscites and other similar exercises shall be paid by the
that the holding of a free, orderly and honest election Commission. The Commission may direct that in the
should become impossible in any political subdivision, provinces, cities, or municipalities, the election expenses
the Commission, motu proprio or upon a verified petition chargeable to the Commission be advanced by the
by any interested party, and after due notice and hearing, province, city or municipality concerned subject to
whereby all interested parties are afforded equal reimbursement by the Commission upon presentation of
opportunity to be heard, shall postpone the election the proper bill.
therein to a date which should be reasonably close to the
date of the election not held, suspended or which Funds needed by the Commission to defray the
resulted in a failure to elect but not later than thirty days expenses for the holding of regular and special elections,
after the cessation of the cause for such postponement or referenda and plebiscites shall be provided in the regular
suspension of the election or failure to elect. appropriations of the Commission which, upon request,
shall immediately be released to the Commission. In case
Section 6 Failure of election. — If, on account of force of deficiency, the amount so provided shall be
majeure, violence, terrorism, fraud, or other analogous augmented from the special activities funds in the
causes the election in any polling place has not been held general appropriations act and from those specifically
on the date fixed, or had been suspended before the hour appropriated for the purpose in special laws.
fixed by law for the closing of the voting, or after the
voting and during the preparation and the transmission Section 11 Failure to assume office. — The office of
of the election returns or in the custody or canvass any official elected who fails or refuses to take his oath of
thereof, such election results in a failure to elect, and in office within six months from his proclamation shall be
any of such cases the failure or suspension of election considered vacant, unless said failure is for a cause or
would affect the result of the election, the Commission causes beyond his control.
shall, on the basis of a verified petition by any interested Section 12 Disqualifications. — Any person who has
party and after due notice and hearing, call for the been declared by competent authority insane or
holding or continuation of the election not held, incompetent, or has been sentenced by final judgment
suspended or which resulted in a failure to elect on a date for subversion, insurrection, rebellion or for any offense for
reasonably close to the date of the election not held, which he has been sentenced to a penalty of more than
suspended or which resulted in a failure to elect but not eighteen months or for a crime involving moral turpitude,
later than thirty days after the cessation of the cause of shall be disqualified to be a candidate and to hold any
such postponement or suspension of the election or office, unless he has been given plenary pardon or
failure to elect. granted amnesty.
Section 7 Call of special election. - This disqualifications to be a candidate herein
(1) In case a vacancy arises in the Batasang Pambansa provided shall be deemed removed upon the declaration
eighteen months or more before a regular election, the by competent authority that said insanity or
Commission shall call a special election to be held within incompetence had been removed or after the expiration
of a period of five years from his service of sentence,


unless within the same period he again becomes him at the Batasang Pambansa by the fastest possible
disqualified. means; the second copy shall likewise be enclosed and
sealed in the envelope directed to the Commission; the
ARTICLE II ELECTION OF PRESIDENT AND third copy shall be retained by the provincial election
supervisor, in the case of the provincial board of
VICE-PRESIDENT canvassers, and by the city election registrar, in the case
Section 13. Regular election for President and of the city board of canvassers; and one copy each to the
Vice-President. — The regular election for President and authorized representatives of the ruling party and the
Vice-President of the Philippines shall be held on the first dominant opposition political party. Failure to comply
Monday of May Nineteen hundred eighty seven (1987) with the requirements of this section shall constitute an
and on the same day every six years thereafter. The election offense.
President-elect and the Vice-President-elect shall assume Section 16 Counting of votes for President and
office at twelve o'clock noon on the thirtieth day of June Vice-President by the Batasang Pambansa. — The
next following the election and shall end at noon of the certificates of canvass, duly certified by the board of
same date, six years thereafter when the term of his canvassers of each province, city or district in
successor shall begin. Metropolitan Manila shall be transmitted to the Speaker
Section 14 Special election for President and of the Batasang Pambansa, who shall, not later than
Vice-President. — In case a vacancy occurs for the Office thirty days after the day of the election, convene the
of the President and Vice-President, the Batasang Batasang Pambansa in session and in its presence open
Pambansa shall, at ten o'clock in the morning of the third all the certificates of canvass, and the votes shall then be
day after the vacancy occurs, convene in accordance with counted.
its rules without need of a call and within seven days Section 17 Correction of errors in certificate and
enact a law calling for a special election to elect a supporting statement already transmitted to the
President and a Vice-President to be held not earlier than Speaker. — No correction of errors allegedly committed
forty-five days nor later than sixty days from the time of in the certificate of canvass and supporting statement
such call. The bill calling such special election shall be already transmitted to the Speaker of the Batasang
deemed certified under paragraph (2), Section 19, Article Pambansa shall be allowed, subject to the provisions of
VIII of the Constitution and shall become law upon its the succeeding section.
approval on third reading by the Batasang Pambansa.
Section 18 Preservation of ballot boxes, their keys,
Appropriations for the special election shall be charged
and disposition of their contents. — Until after the
against any current appropriations and shall be exempt
completion by the Batasang Pambansa of the canvassing
from the requirements of paragraph (4), Section 16 of
of the votes and until an uncontested proclamation of the
Article VIII of the Constitution. The convening of the
President-elect and Vice-President-elect shall have been
Batasang Pambansa cannot be suspended nor the
obtained, the provincial, city or district board of
special election postponed. No special election shall be
canvassers under the joint responsibility with the
called if the vacancy occurs within seventy days before
provincial, city or municipal treasurers shall provide for
the date of the presidential election of 1987.
the safekeeping and storage of the ballot boxes in a safe
Section 15 Canvass of votes for President and and closed chamber secured by four padlocks: one to be
Vice-President by the provincial or city board of provided by the corresponding board chairman; one by
canvassers. — The provincial, city, or district boards of the provincial or city treasurer concerned; and one each
canvassers in Metropolitan Manila, as the case may be, by the ruling party and the accredited dominant
shall meet not later than six o'clock in the evening on opposition political party.
election day to canvass the election returns that may
Section 19. When certificate of canvass is
have already been received by them, respectively. It shall
incomplete or bears erasures or alterations. — When
meet continuously from day to day until the canvass is
the certificate of canvass, duly certified by the board of
completed, but may adjourn only for the purpose of
canvassers of each province, city or district in
awaiting the other election returns. Each time the board
Metropolitan Manila and transmitted to the Speaker of
adjourns, it shall make a total of all the votes cast for each
the Batasang Pambansa, as provided in the Constitution,
candidate for President and for Vice-President, duly
appears to be incomplete, the Speaker shall require the
authenticated by the signatures and thumbmarks of all
board of canvassers concerned to transmit to his office,
the members of the provincial, city or district board of
by personal delivery, the election returns from polling
canvassers, furnishing the Commission in Manila by the
places that were not included in the certificate of canvass
fastest means of communication a copy thereof, and
and supporting statements. Said election returns shall be
making available the data contained therein to mass
submitted by personal delivery to the Speaker within two
media and other interested parties. Upon the completion
days from receipt of notice. When it appears that any
of the canvass, the board shall prepare a certificate of
certificate of canvass or supporting statement of votes by
canvass showing the votes received by each candidate for
polling place bears erasures or alterations which may cast
the office of the President and for Vice-President, duly
doubt as to the veracity of the number of votes stated
authenticated by the signatures and thumbmarks of all
therein and may affect the result of the election, the
the members of the provincial, city or district board of
Batasang Pambansa upon request of the Presidential or
canvassers. Upon the completion of the certificate of
Vice-Presidential candidate concerned or his party shall,
canvass, the board shall certify and transmit the said
for the sole purpose of verifying the actual number of
certificate of canvass to the Speaker of the Batasang
votes cast for President or Vice-President, count the votes
Pambansa.
as they appear in the copies of the election returns for the
The provincial, city and district boards of canvassers Commission. For this purpose, the Speaker shall require
shall prepare the certificate of canvass for the election of the Commission to deliver its copies of the election
President and Vice-President, supported by a statement returns to the Batasang Pambansa.
of votes by polling place, in quintuplicate by the use of
Section 20 Proclamation of the President-elect and
carbon papers or such other means as the Commission
Vice-President-elect. — Upon the completion of the
shall prescribe to the end that all five copies shall be
canvass of the votes by the Batasang Pambansa, the
legibly produced in one handwriting. The five copies of
persons obtaining the highest number of votes for
the certificate of canvass must bear the signatures and
President and for Vice-President shall be declared
thumbmarks of all the members of the board. Upon the
elected; but in case two or more shall have an equal and
completion of these certificates and statements, they
the highest number of votes, one of them shall be chosen
shall be enclosed in envelopes furnished by the
President or Vice-President, as the case may be, by a
Commission and sealed, and immediately distributed as
majority vote of all the Members of the Batasang
follows: the original copy shall be enclosed and sealed in
Pambansa in session assembled.
the envelope directed to the Speaker and delivered to



In case there are certificates of canvass which have La Union, 2;
not been submitted to the Speaker of the Batasang Mountain Province, 1;
Pambansa on account of missing election returns, a
proclamation may be made if the missing certificates will Pangasinan with the cities of Dagupan and San
not affect the results of the election. Carlos, 6;
In case the certificates of canvass which were not Baguio City, 1.
submitted on account of missing election returns will Region II:
affect the results of the election, no proclamation shall be
made. The Speaker shall immediately instruct the boards Batanes, 1;
of canvassers concerned to obtain the missing election Cagayan, 3;
returns from the boards of election inspectors or, if the
returns have been lost or destroyed upon prior authority Ifugao, 1;
from the Commission, to use any authentic copy of said Isabela, 3;
election returns for the purpose of conducting the Kalinga-Apayao, 1;
canvass, and thereafter issue the certificates of canvass.
The certificates of canvass shall be immediately Nueva Vizcaya, 1;
transmitted to the Speaker of the Batasang Pambansa. Quirino, 1.
Proclamation shall be made only upon submission of Region III:
all certificates of canvass or when the missing certificates
of canvass will not affect the results of the election. Bataan, 1;
Bulacan, 4;
ARTICLE III ELECTION OF MEMBERS OF THE Nueva Ecija with the cities of Cabanatuan, Palayan
BATASANG PAMBANSA and San Jose, 4;
Section 21. Regular election of Members of the Pampanga with Angeles City, 4;
Batasang Pambansa. — The regular election of the Tarlac, 2;
Members of the Batasang Pambansa shall be held on the
Zambales, 1;
second Monday of May, Nineteen hundred and ninety
(1990) and on the same day every six years thereafter. Olongapo City, 1.
Section 22 Special election for Members of the Region IV:
Batasang Pambansa. — In case a vacancy arises in the Aurora, 1;
Batasang Pambansa eighteen months or more before a
regular election, the Commission shall call a special Batangas with the cities of Batangas and Lipa, 4;
election to be held within sixty days after the vacancy Cavite with the cities of Cavite, Tagaytay and Trece
occurs to elect the Member to serve the unexpired term. Martires, 3;
The Batasang Pambansa through a duly approved Laguna with San Pablo City, 4;
resolution or an official communication of the Speaker
when it is not in session shall certify to the Commission Marinduque, 1;
the existence of said vacancy. Occidental Mindoro, 1;
Section 23. Composition of the Batasang Oriental Mindoro, 2;
Pambansa. — The Batasang Pambansa shall be
Palawan with Puerto Princesa City, 1;
composed of not more than two hundred Members
elected from the different provinces of the Philippines Quezon with Lucena City, 4;
with their component cities, highly urbanized cities and Rizal, 2;
districts of Metropolitan Manila, those elected or selected
from various sectors as provided herein, and those Romblon, 1.
chosen by the President from the members of the Region V:
Cabinet.
Albay with Legaspi City, 3;
Section 24. Apportionment of representatives. —
Until a new apportionment shall have been made, the Camarines Norte, 1;
Members of the Batasang Pambansa shall be Camarines Sur with the cities of Iriga and Naga, 4;
apportioned in accordance with the Ordinance appended
Catanduanes, 1;
to the Constitution, as follows:
Masbate, 2;
National Capital Region:
Sorsogon, 2.
Manila, 6;
Region VI:
Quezon City, 4;
Aklan, 1;
Caloocan, 2;
Antique, 1;
Pasay, 1;
Capiz with Roxas City;
Pasig and Marikina, 2;
Iloilo with Iloilo City, 5;
Las Piñas and Parañaque, 1;
Negros Occidental with the cities of Bacolod, Bago,
Makati, 1;
Cadiz, La Carlota, San Carlos and Silay, 7.
Malabon, Navotas and Valenzuela, 2;
Region VII:
San Juan and Mandaluyong, 1;
Bohol with Tagbilaran City, 3;
Taguig, Pateros and Muntinlupa, 1.
Cebu with the cities of Danao, Lapu-Lapu, Mandaue
Region I: and Toledo, 6;
Abra, 1; Negros Oriental with the cities of Bais, Canlaon and
Benguet, 1; Dumaguete, 3;
Ilocos Norte with Laoag City, 2; Siquijor, 1;
Ilocos Sur, 2; Cebu City, 2.


Region VIII: industrial labor whose representatives shall be elected in
Leyte with the cities of Ormoc and Tacloban, 5; the manner herein provided. Each sector shall be entitled
to four representatives, two of whom shall come from
Southern Leyte, 1; Luzon, one from Visayas, and one from Mindanao:
Eastern Samar, 1; Provided, That the youth sector shall be entitled to two
additional sectoral representatives who shall be elected
Northern Samar, 1; from any part of the country.
Samar with Calbayog City, 2. Section 27. Scope of the sectors. — The agricultural
Region IX: labor sector covers all persons who personally and
physically till the land as their principal occupation. It
Basilan, 1; includes agricultural tenants and lessees, rural workers
Sulu, 1; and farm employees, owner-cultivators, settlers and small
Tawi-Tawi, 1; fishermen.
Zamboanga del Norte with the cities of Dapitan and The industrial labor sector includes all
Dipolog, 2; non-agricultural workers and employees.
Zamboanga del Sur with Pagadian City, 3; The youth sector embraces persons not more than
twenty-five years of age.
Zamboanga City, 1.
Section 28. Selection of sectoral representatives. —
Region X: Not later than twenty days after the election of provincial,
Agusan del Norte with Butuan City, 1; city or district representatives, the most representative
and generally recognized organizations or aggroupments
Agusan del Sur, 1; of members of the agricultural labor, industrial labor, and
Bukidnon, 2; youth sectors, as attested to by the Ministers of Agrarian
Reform and of Agriculture and Food, the Ministers of
Camiguin, 1; Labor and Employment, and the Ministers of Local
Misamis Occidental with the cities of Oroquieta, Government and of Education, Culture and Sports,
Ozamis and Tangub, 1; respectively, shall, in accordance with the procedures of
Misamis Oriental with Gingoog City, 2; said organizations or aggroupments of members of the
sector, submit to the President their respective nominees
Surigao del Norte with Surigao City, 1; for each slot allotted for each sector. The President shall
Cagayan de Oro City, 1. appoint from among the nominees submitted by the
aforementioned organizations or aggroupments the
Region XI: representatives of each sector.
Surigao del Sur, 1; In recognizing the most representative and generally
Davao del Norte, 3; recognized organizations or aggroupments, the Ministers
of Agrarian Reform and of Agriculture and Food, the
Davao Oriental, 1; Minister of Labor and Employment, and the Ministers of
Davao del Sur, 2; Local Government and Education, Culture and Sports
South Cotabato with General Santos City, 3; shall consider:
Davao City, 2. (a) The extent of membership and activity of the
organization or aggroupment which should be national;
Region XII:
(b) The responsiveness of the organization or
Lanao del Norte, 1; aggroupment to the legitimate aspirations of its sector;
Lanao del Sur with Marawi City, 2; (c) The militancy and consistency of the organization
Maguindanao with Cotabato City, 2; or aggroupment in espousing the cause and promoting
the welfare of the sector consistent with that of the whole
North Cotabato, 2; country;
Sultan Kudarat, 1; (d) The observance by such organization or
Iligan City, 1. aggroupment of the rule of law; and
Any province that may hereafter be created or any (e) Other analogous factors.
component city that may hereafter be declared by or The President of the Philippines shall, in writing,
pursuant to law as a highly urbanized city shall be notify the Secretary-General of the Batasang Pambansa
entitled in the immediately following election to at least of the appointment made by him of any sectoral
one Member or such number of Members as it may be representative.
entitled to on the basis of the number of the inhabitants
and on the same uniform and progressive ratio used in Except as herein otherwise provided, sectoral
the last preceding apportionment. The number of representatives shall have the same functions,
Members apportioned to the province out of which the responsibilities, rights, privileges, qualifications and
new province was created or where the new highly disqualifications as the representatives from the
urbanized city is geographically located shall be provinces and their component cities, highly urbanized
correspondingly adjusted by the Commission, but such cities or districts of Metropolitan Manila.
adjustment shall not be made within one hundred
twenty days before the election. ARTICLE IV ELECTION OF LOCAL OFFICIALS
Section 25. Voting by province and its component Section 29. Regular elections of local officials. —
cities, by highly urbanized city or by district in The election of provincial, city and municipal officials
Metropolitan Manila. — All candidates shall be voted at whose positions are provided for by the Local
large by the registered voters of their respective Government Code shall be held throughout the
constituencies. The candidates corresponding to the Philippines in the manner herein prescribed on the first
number of Member or Members to be elected in a Monday of May, Nineteen hundred and eighty-six and on
constituency who receive the highest number of votes the same day every six years thereafter.
shall be declared elected.
The officials elected shall assume office on the
Section 26. Sectoral representatives. — There shall thirtieth day of June next following the election and shall
be three sectors to be represented in the Batasang hold office for six years and until their successors shall
Pambansa, namely: (1) youth; (2) agricultural labor; (3) have been elected and qualified.



All local incumbent officials whose tenure of office representatives on recommendation of the Sangguniang
shall expire on March 23, 1986 shall hold office until June Pampook and after due consultation with the
30, 1986 or until their successors shall have been elected representative and generally recognized organizations or
and qualified: Provided, That they cannot be suspended aggrupations of members of the youth, agricultural
or removed without just cause. workers and non-agricultural workers as attested by the
Section 30. Component and highly urbanized cities. Ministers of Local Government and of Education, Culture
— Unless their respective charters provide otherwise, the and Sports (youth), Ministers of Agrarian Reform and of
electorate of component cities shall be entitled to vote in Agriculture and Food (agricultural workers), and Ministers
the election for provincial officials of the province of of Labor and Employment (non-agricultural or industrial
which it is a part. labor).
The electorate of highly urbanized cities shall not vote The President of the Philippines shall in writing notify

in the election for provincial officials of the province in the Speaker of the Sangguniang Pampook of each region
which it is located: Provided, however, That no of the appointment made by him of any sectoral
component city shall be declared or be entitled to a representative.
highly urbanized city status within ninety days prior to The sectoral representatives shall have the same
any election. functions, responsibilities, rights, privileges, qualifications
and disqualifications as the elective provincial
representatives to the Sangguniang Pampook: Provided,
however, That no defeated candidate for member of the
ARTICLE V ELECTION OF MEMBERS OF THE Sangguniang Pampook in the immediately preceding
REGIONAL ASSEMBLY OF THE AUTONOMOUS election shall be appointed as sectoral representative.
REGIONS. Section 35. Filling of vacancy. — Pending an election
to fill a vacancy arising from any cause in the
Section 31. The Sangguniang Pampook of the Sangguniang Pampook, the vacancy shall be filled by the
autonomous regions. — Region IX and Region XII in President, upon recommendation of the Sangguniang
southern Philippines shall each have a Sangguniang Pampook: Provided, That the appointee shall come from
Pampook to be composed of twenty-seven members and the same province or sector of the member being
shall include seventeen representatives elected from the replaced.
different provinces and cities of each region, and a
sectoral representative each from among the youth, Section 36. Term of office. — The present members
agricultural workers, and non-agricultural workers of the Sangguniang Pampook of each of Region IX and
(industrial labor) of each region to be selected in the Region XII shall continue in office until June 30, 1986 or
manner herein provided whose qualifications and until their successors shall have been elected and
disqualifications are the same as Members of the qualified or appointed and qualified in the case of
Batasang Pambansa. sectoral members. They may not be removed or replaced
except in accordance with the internal rules of said
The President shall appoint an additional seven assembly or provisions of pertinent laws.
representatives in each region whenever in his judgment
any other sector is not properly represented in the The election of members of the Sangguniang
Sangguniang Pampook as a result of the elections. Pampook of the two regions shall be held simultaneously
with the local elections of 1986. Those elected in said
Section 32. Apportionment of members of the elections shall have a term of four years starting June 30,
Sangguniang Pampook. — The Members of the 1986.
Sangguniang Pampook of Region IX and of Region XII
shall be apportioned as follows: Those elected in the election of 1990 to be held
simultaneously with the elections of Members of the
Region IX: Batasang Pambansa shall have a term of six years.
Basilan, one (1);
Sulu, three (3); ARTICLE VI ELECTION OF BARANGAY
Tawi-Tawi, one (1); OFFICIALS
Zamboanga del Norte including the cities of Dipolog Section 37. Regular election of barangay officials. —
and Dapitan, four, (4); The election for barangay officials shall be held
throughout the Philippines in the manner prescribed on
and Zamboanga del Sur, including the City of
the second Monday of May Nineteen hundred and
Pagadian, six (6);
eighty-eight and on the same day every six years
and Zamboanga City, two (2); thereafter.
Region XII: The officials elected shall assume office on the
Lanao del Norte, two (2); Iligan City, one (1); thirtieth day of June next following the election and shall
hold office for six years and until their successors shall
Lanao del Sur including the City of Marawi, four (4); have been elected and qualified.
Maguindanao including the City of Cotabato, four (4); Section 38. Conduct of elections. — The barangay
North Cotabato, four (4); election shall be non-partisan and shall be conducted in
an expeditious and inexpensive manner.
and Sultan Kudarat, two (2).
No person who files a certificate of candidacy shall
Section 33. Election of members of Sangguniang represent or allow himself to be represented as a
Pampook. — The candidates for the position of candidate of any political party or any other organization;
seventeen representatives to the Sangguniang Pampook and no political party, political group, political committee,
of Region IX and of Region XII shall be voted at large by civic, religious, professional, or other organization or
the registered voters of each province including the cities organized group of whatever nature shall intervene in his
concerned. nomination or in the filing of his certificate of candidacy
The candidates corresponding to the number of or give aid or support, directly or indirectly, material or
member or members to be elected in a constituency who otherwise favorable to or against his campaign for
receive the highest number of votes shall be declared election: Provided, That this provision shall not apply to
elected. the members of the family of a candidate within the
fourth civil degree of consanguinity or affinity nor to the
Section 34. Selection of sectoral representatives. —
personal campaign staff of the candidate which shall not
The President shall, within thirty days from the convening
be more than one for every one hundred registered
of each Sangguniang Pampook, appoint the sectoral



voters in his barangay: Provided, however, That without election. Not later than the day following the barangay
prejudice to any liability that may be incurred, no permit election, the board of election tellers shall deliver the list
to hold a public meeting shall be denied on the ground of voters to the election registrar for custody and
that the provisions of this paragraph may or will be safekeeping.
violated. Section 42. Polling places. — (1) The chairman of the
Nothing in this section, however, shall be construed board of election tellers shall designate the public school
as in any manner affecting or constituting an impairment or any other public building within the barangay to be
of the freedom of individuals to support or oppose any used as polling place in case the barangay has one
candidate for any barangay office. election precinct. (2) For barangays with two or more
Section 39. Certificate of Candidacy. — No person election precincts the chairman of the board of
shall be elected punong barangay or kagawad ng canvassers shall designate the public school or any other
sangguniang barangay unless he files a sworn certificate public building to be used as polling place.
of candidacy in triplicate on any day from the In case there is no public school or other public
commencement of the election period but not later than building that can be used as polling places, other
the day before the beginning of the campaign period in a appropriate private buildings may be designated:
form to be prescribed by the Commission. The candidate Provided, That such buildings are not owned or occupied
shall state the barangay office for which he is a candidate. or possessed by any incumbent elective public official or
The certificate of candidacy shall be filed with the candidate, or his relative within the fourth civil degree of
secretary of the sangguniang barangay who shall have consanguinity or affinity. The polling place shall be
the ministerial duty to receive said certificate of centrally located as possible, always taking into
candidacy and to immediately acknowledge receipt consideration the convenience and safety of the voters.
thereof. Section 43. Official barangay ballots. — The official
In case the secretary refuses to receive the same, or in barangay ballots shall be provided by the city or
the case of his absence or non-availability, a candidate municipality concerned of a size and color to be
may file his certificate with the election registrar of the prescribed by the Commission.
city or municipality concerned. Such official ballots shall, before they are handed to
The secretary of the sangguniang barangay or the the voter at the polling place, be authenticated in the
election registrar, as the case may be, shall prepare a presence of the voter, by the authorized representatives
consolidated list all the candidates and shall post said list of the candidates and the chairman and members of the
in the barangay hall and in other conspicuous places in board of election tellers who shall affix their signatures at
the barangay at least ten days before the election. the back thereof. Any ballot which is not authenticated
shall be deemed spurious.
Any elective or appointive municipal, city, provincial
or national official or employee, or those in the civil or Section 44. Ballot boxes. — The Commission shall
military service, including those in government-owned or provide the ballot boxes for each barangay polling place,
controlled corporations, shall be considered automatically but each candidate may be permitted to provide a
resigned upon the filing of certificate of candidacy for a padlock for said ballot box.
barangay office. Section 45. Postponement or failure of election. —
Section 40. Board of Election Tellers. - When for any serious cause such as violence, terrorism,
loss or destruction of election paraphernalia or records,
(1) The Commission shall constitute not later than ten force majeure, and other analogous causes of such nature
days before the election a board of election tellers in that the holding of a free, orderly and honest election
every barangay polling place, to be composed of a public should become impossible in any barangay, the
elementary school teacher as chairman, and two Commission, upon a verified petition of an interested
members who are registered voters of the polling place party and after due notice and hearing at which the
concerned, but who are not incumbent barangay officials interested parties are given equal opportunity to be
nor related to any candidate for any position in that heard, shall postpone the election therein for such time
barangay within the fourth civil degree of affinity or as it may deem necessary.
consanguinity.
If, on account of force majeure, violence, terrorism,
In case no public elementary school teachers are fraud or other analogous causes, the election in any
available, the Commission shall designate any registered barangay has not been held on the date herein fixed or
voter in the polling place who is not an incumbent has been suspended before the hour fixed by law for the
barangay official nor related to any candidate for any closing of the voting therein and such failure or
position in that barangay within the fourth civil degree of suspension of election would affect the result of the
affinity or consanguinity. election, the Commission, on the basis of a verified
(2) The board of election tellers shall supervise and petition of an interested party, and after due notice and
conduct the election in their respective polling places, hearing, at which the interested parties are given equal
count the votes and thereafter prepare a report in opportunity to be heard shall call for the holding or
triplicate on a form prescribed by the Commission. The continuation of the election within thirty days after it shall
original of this report shall be delivered immediately to have verified and found that the cause or causes for
the barangay board of canvassers. The second copy shall which the election has been postponed or suspended
be delivered to the election registrar and the third copy have ceased to exist or upon petition of at least thirty
shall be delivered to the secretary of the sangguniang percent of the registered voters in the barangay
barangay who shall keep the same on file. concerned.
Section 41. Registration of voters and list of voters. When the conditions in these areas warrant, upon
— Not later than seven days before the election, the verification by the Commission, or upon petition of at
board of election tellers shall meet in every barangay least thirty percent of the registered voters in the
polling place to conduct the registration of barangay barangay concerned, it shall order the holding of the
voters and to prepare the list of voters. Any voter may barangay election which was postponed or suspended.
challenge the qualification of any person seeking to Section 46. Barangay board of canvassers. -
register and said challenge shall be heard and decided on
the same day by the board of election tellers. (1) The Commission shall constitute a board of
canvassers at least seven days before the election in each
The final list of voters shall be posted in the polling barangay, to be composed of the senior public
places at least two days before election day. The elementary school teacher in the barangay as chairman,
registration of any voter shall not be transferred without and two other public elementary school teachers, as
written notice at least two days before the date of members.


In case the number of public elementary school government required by law to perform duties relative to
teachers is inadequate, the Commission shall designate the conduct of elections. In addition, it may authorize
the chairman and members of the barangay board of CMT cadets eighteen years of age and above to act as its
canvassers from among the board of election tellers. deputies for the purpose of enforcing its orders.
(2) The barangay board of canvassers shall meet The Commission may relieve any officer or employee
immediately in a building where a polling place is found referred to in the preceding paragraph from the
and which is most centrally located in the barangay and performance of his duties relating to electoral processes
after canvassing the results from the various polling who violates the election law or fails to comply with its
places within the barangay, proclaim the winners. The instructions, orders, decisions or rulings, and appoint his
board of canvassers shall accomplish the certificate of substitute. Upon recommendation of the Commission,
proclamation in triplicate on a form to be prescribed by the corresponding proper authority shall suspend or
the Commission. The original of the certificate shall be remove from office any or all of such officers or
sent to the election registrar concerned, the second copy employees who may, after due process, be found guilty of
shall be delivered to the secretary of the sangguniang such violation or failure.
bayan or sangguniang panlungsod, as the case may be, (b) During the period of the campaign and ending
and the third copy shall be kept on file by the secretary of thirty days thereafter, when in any area of the country
the sangguniang barangay. there are persons committing acts of terrorism to
(3) In a barangay where there is only one polling influence people to vote for or against any candidate or
place, the barangay board of election tellers shall also be political party, the Commission shall have the power to
the barangay board of canvassers. authorize any member or members of the Armed Forces
Section 47. Activities during the campaign period. of the Philippines, the National Bureau of Investigation,
— During the campaign period, the punong barangay if the Integrated National Police or any similar agency or
he is not a candidate, or any resident of the barangay instrumentality of the government, except civilian home
designated by the Commission, shall convene the defense forces, to act as deputies for the purpose of
barangay assembly at least once for the purpose of ensuring the holding of free, orderly and honest elections.
allowing the candidates to appear at a joint meeting duly (c) Promulgate rules and regulations implementing
called, upon proper and with at least two days notice, to the provisions of this Code or other laws which the
explain to the barangay voters their respective program Commission is required to enforce and administer, and
of administration, their qualifications, and other require the payment of legal fees and collect the same in
information that may help enlighten voters in casting payment of any business done in the Commission, at
their votes. rates that it may provide and fix in its rules and
The members of the barangay assembly may take up regulations.
and discuss other matters relative to the election of Rules and regulations promulgated by the
barangay officials. Commission to implement the provisions of this Code
Section 48. Watchers. — Candidates may appoint shall take effect on the sixteenth day after publication in
two watchers each, to serve alternately, in every polling the Official Gazette or in at least daily newspapers of
place within the barangay, who shall be furnished with a general circulation. Orders and directives issued by the
signed copy of the results of the election, in such form as Commission pursuant to said rules and regulations shall
the Commission may prescribe, immediately after the be furnished by personal delivery to accredited political
completion of the canvass. parties within forty-eight hours of issuance and shall take
effect immediately upon receipt.
Section 49. Inclusion and exclusion cases. —
Inclusion and exclusion cases which shall be decided not In case of conflict between rules, regulations, orders
later than seven before the date of the election shall be or directives of the Commission in the exercise of its
within the exclusive original jurisdiction of the municipal constitutional powers and those issued by any other
or metropolitan trial court. The notice of such decision administrative office or agency of the government
shall be served to all parties within twenty-four hours concerning the same matter relative to elections, the
following its promulgation and any party adversely former shall prevail.
affected may appeal therefrom within twenty-four hours (d) Summon the parties to a controversy pending
to the regional trial court which shall finally decide the before it, issue subpoena and subpoena duces tecum,
same not later than two days before the date of the and take testimony in any investigation or hearing before
election. it, and delegate such power to any officer of the
Section 50. Funding. — Local governments shall Commission who shall be a member of the Philippine
appropriate such funds to defray such necessary and Bar. In case of failure of a witness to attend, the
reasonable expenses of the members of the board of Commission, upon proof of service of the subpoena to
election tellers, board of canvassers and the printing of said witnesses, may issue a warrant to arrest witness and
election forms and procurement of other election bring him before the Commission or the officer before
paraphernalia, and the installation of polling booths. whom his attendance is required.
Section 51. Penalties. — Violations of any provisions Any controversy submitted to the Commission shall,
after compliance with the requirements of due process,
of this Article shall constitute prohibited acts and shall be
prosecuted and penalized in accordance with the be immediately heard and decided by it within sixty days
provisions of this Code. from submission thereof. No decision or resolution shall
be rendered by the Commission either en banc or by
division unless taken up in a formal session properly
ARTICLE VII THE COMMISSION ON ELECTIONS convened for the purpose.
Section 52. Powers and functions of the The Commission may, when necessary, avail of the
Commission on Elections. — In addition to the powers assistance of any national or local law enforcement
and functions conferred upon it buy the constitution the agency and/or instrumentality of the government to
commission shall have exclusive charge of the execute under its direct and immediate supervision any
enforcement and administration of all laws relative to of its final decisions, orders, instructions or rulings.
conduct of elections for the purpose of ensuring free,
(e) Punish contempts provided for in the Rules of
orderly and honest elections, except as otherwise
Court in the same procedure and with the same penalties
provided herein and shall: (as amended by RA No 9369)
provided therein. Any violation of any final and executory
(a) Exercise direct and immediate supervision and decision, order or ruling of the Commission shall
control over national and local officials or employees, constitute contempt thereof.
including members of any national or local law
enforcement agency and instrumentality of the



(f) Enforce and execute its decisions, directives, orders 4. Perform such other functions as may be entrusted
and instructions which shall have precedence over those to such group or organization by the Commission.
emanating from any other authority, except the Supreme The designation of any group or organization made in
Court and those issued in habeas corpus proceedings. accordance herewith may be revoked by the Commission
(g) Prescribe the forms to be used in the election, upon notice and hearing whenever by its actuations such
plebiscite or referendum. group or organization has shown partiality to any political
(h) Procure any supplies, equipment, materials or party or candidate, or has performed acts in excess or in
services needed for the holding of the election by public contravention of the functions and duties herein provided
bidding: Provided, That, if it finds the requirements of and such others which may be granted by the
public bidding impractical to observe, then by Commission.
negotiations or sealed bids, and in both cases, the (l) Conduct hearings on controversies pending before
accredited parties shall be duly notified. it in the cities or provinces upon proper motion of any
(i) Prescribe the use or adoption of the latest party, taking into consideration the materiality and
technological and electronic devices, taking into account number of witnesses to be presented, the situation
the situation prevailing in the area and the funds prevailing in the area and the fund available for the
available for the purpose: Provided, That the Commission purpose.
shall notify the authorized representatives of accredited (m) Fix other reasonable periods for certain
political parties and candidates in areas affected by the pre-election requirements in order that voters shall not
use or adoption of technological and electronic devices be deprived of their right of suffrage and certain groups
not less than thirty days prior to the effectivity of the use of rights granted them in this Code.
of such devices. Unless indicated in this Code, the Commission is
(j) Carry out a continuing and systematic campaign hereby authorized for fix the appropriate period for the
through newspapers of general circulation, radios and various prohibited acts enumerated herein, consistent
other media forms to educate the public and fully inform with the requirements of free, orderly, and honest
the electorate about election laws, procedures, decisions, elections.
and other matters relative to the work and duties of the Section 53. Field offices of the Commission. — The
Commission and the necessity of clean, free, orderly and Commission shall have the following field offices:
honest electoral processes.
(1) Regional Election Office, headed by the Regional
(k) Enlist non-partisan group or organizations of Election Director and assisted by the Assistant Regional
citizens from the civic, youth, professional, educational, Director and such other subordinate officers or
business or labor sectors known for their probity, employees as the Commission may appoint.
impartiality and integrity with the membership and
capability to undertake a coordinated operation and (2) Provincial Election Office, headed by the Provincial
activity to assist it in the implementation of the provisions Election Supervisor and assisted by such other
of this Code and the resolutions, orders and instructions subordinate officers or employees as the Commission
of the Commission for the purpose of ensuring free, may appoint.
orderly and honest elections in any constituency. (3) City/Municipal Election Office, headed by the
Such groups or organizations shall function under the City/Municipal Registrar who shall be assisted by an
direct and immediate control and supervision of the election clerk and such other employees as the
Commission and shall perform the following specific Commission may appoint.
functions and duties: The Commission may delegate its powers and
A. Before Election Day: functions or order the implementation or enforcement of
its orders, rulings, or decisions through the heads of its
1. Undertake an information campaign on salient field offices.
features of this Code and help in the dissemination of the
orders, decisions and resolutions of the Commission Section 54. Qualifications. — Only members of the
relative to the forthcoming election. Philippines Bar shall be eligible for appointment to the
position of regional director, assistant regional director,
2. Wage a registration drive in their respective areas provincial election supervisor and election registrar:
so that all citizens of voting age, not otherwise Provided, however, That if there are no members of the
disqualified by law may be registered. Philippine Bar available for appointment as election
3. Help cleanse the list of voters of illegal registrants, registrar, except in cities and capital towns, graduates of
conduct house-to-house canvass if necessary, and take duly recognized schools of law, liberal arts, education or
the appropriate legal steps towards this end. business administration who possess the appropriate civil
4. Report to the Commission violations of the service eligibility may be appointed to said position.
provisions of this Code on the conduct of the political Section 55. Office space. — The local government
campaign, election propaganda and electoral concerned shall provide a suitable place for the office of
expenditures. the provincial election supervisor and his staff and the
B. On Election Day: election registrar and his staff: Provided, That in case of
failure of the local government concerned to provide such
1. Exhort all registered voters in their respective areas suitable place, the provincial election supervisor or the
to go to their polling places and cast their votes. election registrar, as the case may be, upon prior
2. Nominate one watcher for accreditation in each authority of the Commission and notice to the local
polling place and each place of canvass who shall have government concerned, may lease another place for
the same duties, functions and rights as the other office and the rentals thereof shall be chargeable to the
watchers of political parties and candidates. Members or funds of the local government concerned.
units of any citizen group or organization so designated Section 56. Changes in the composition,
by the Commission except its lone duly accredited distribution or assignment of field offices. — The
watcher, shall not be allowed to enter any polling place Commission may make changes in the composition,
except to vote, and shall, if they so desire, stay in an area distribution and assignment of field offices, as well as its
at least fifty meters away from the polling place. personnel, whenever the exigencies of the service and
3. Report to the peace authorities and other the interest of free, orderly, and honest election so
appropriate agencies all instances of terrorism, require: Provided, That such changes shall be effective
intimidation of voters, and other similar attempts to and enforceable only for the duration of the election
frustrate the free and orderly casting of votes. period concerned and shall not affect the tenure of office
of the incumbents of positions affected and shall not


constitute a demotion, either in rank or salary, nor result of the votes cast in the constituency in which it
in change of status: and Provided, further, That there shall nominated and supported a candidate or candidates in
be no changes in the composition, distribution or the election next following its registration shall, after
assignment within thirty days before election, except for notice and hearing be deemed to have forfeited such
cause and after due notice and hearing, and that in no status as a registered political party in such constituency.
case shall a regional or assistant regional director be Section 61. Registration. — Any organized group of
assigned to a region; a provincial election supervisor to a persons seeking registration as a national or regional
province; or a city or municipal election registrar to a city political party may file with the Commission a verified
or municipality, where he and/or his spouse are related to petition attaching thereto its constitution and by-laws,
any candidate within the fourth civil degree of platform or program of government and such other
consanguinity or affinity as the case may be. relevant information as may be required by the
Section 57. Measures to ensure enforcement. — For Commission. The Commission shall, after due notice and
the effective enforcement of the provisions of this Code, hearing, resolve the petition within ten days from the
the Commission is further vested and charged with the date it is submitted for decision.
following powers, duties and responsibilities: No religious sect shall be registered as a political
1. To issue search warrants after examination under party and no political party which seeks to achieve its
oath or affirmation of the complainant and the witnesses goal through violence shall be entitled to accreditation.
2. To stop any illegal election activity, or confiscate, Section 62. Publication of petition for registration or
tear down, and stop any unlawful, libelous, misleading or accreditation. — The Commission shall require
false election propaganda, after due notice and hearing. publication of the petition for registration or accreditation
3. To inquire into the financial records of candidates in at least three newspapers of general circulation and
and any organization or group of persons, motu proprio shall, after due notice and hearing, resolve the petition
or upon written representation for probable cause by any within fifteen days from the date it is submitted for
candidate or group of decision.
persons or qualified voter, after due notice and

hearing. ARTICLE IX ELIGIBILITY OF CANDIDATES AND
For purposes of this section, the Commission may
CERTIFICATE OF CANDIDACY
avail itself of the assistance of the Commission on Audit, Section 63. Qualifications for President and
the Central Bank, the National Bureau of Investigation, Vice-President of the Philippines. — No person may be
the Bureau of Internal Revenue, the Armed Forces of the elected President unless he is a natural-born citizen of
Philippines, the Integrated National Police of the the Philippines, a registered voter, able to read and write,
Philippines, barangay officials, and other agencies of the at least forty years of age on the day of election, and a
government. resident of the Philippines for at least ten years
Section 58. Disqualifications of members of the immediately preceding such election.
Commission. — The chairman and members of the Section 64. Qualifications for Members of the
Commission shall be subject to the canons of judicial Batasang Pambansa. — No person shall be elected
ethics in the discharge of their functions. Member of the Batasang Pambansa as provincial, city or
No chairman or commissioner shall sit in any case in district representative unless he is a natural-born citizen
which he has manifested bias or prejudice for or against of the Philippines and, on the day of the election, is at
or antagonism against any party thereto and in least twenty-five years of age, able to read and write, a
connection therewith, or in any case in which he would registered voter in the constituency in which he shall be
be disqualified under the Rules of Court. If it be claimed elected, and a resident thereof for a period of not less
that the chairman or a commissioner is disqualified as than six months immediately preceding the day of the
above provided, the party objecting to his competency election.
may file his objection in writing with the Commission A sectoral representative shall be a natural-born
stating the ground therefor. The official concerned shall citizen of the Philippines, able to read and write, a
continue to participate in the hearing or withdrawn resident of the Philippines, able to read and write, a
therefrom in accordance with his determination of the resident of the Philippines for a period of not less than
question of his disqualification. The decision shall one year immediately preceding the day of the election, a
forthwith be made in writing and filed with the other bona fide member of the sector he seeks to represent,
papers of the case in accordance with the Rules of Court. and in the case of a representative of the agricultural or
If a disqualification should result in a lack of quorum in industrial labor sector, shall be a registered voter, and on
the Commission sitting en banc, the Presiding Justice of the day of the election is at least twenty-five years of age.
the Intermediate Appellate Court shall designate a justice
The youth sectoral representative should at least be
of said court to sit in said case for the purpose of hearing
eighteen and not be more than twenty-five years of age
and reaching a decision thereon.
on the day of the election: Provided, however, That any
Section 59. Publication of official ballots and youth sectoral representative who attains the age of
election returns and printing thereof. — The twenty-five years during his term shall be entitled to
Commission shall publish at least ten days before an continue in office until the expiration of his term.
election in a newspaper of general circulation certified
Section 65. Qualifications of elective local officials.
data on the number of official ballots and election returns
— The qualifications for elective provincial, city, municipal
and the names and addresses of the printers and the
and barangay officials shall be those provided for in the
number printed by each.
Local Government Code.
Section 66. Candidates holding appointive office or
ARTICLE VIII POLITICAL PARTIES positions. — Any person holding a public appointive
Section 60. Political party. — "Political party" or office or position, including active members of the Armed
"party", when used in this Act, means an organized group Forces of the Philippines, and officers and employees in
of persons pursuing the same ideology, political ideas or government-owned or controlled corporations, shall be
platforms of government and includes its branches and considered ipso facto resigned from his office upon the
divisions. To acquire juridical personality, quality it for filing of his certificate of candidacy.
subsequent accreditation, and to entitle it to the rights Section 67. Candidates holding elective office. —
and privileges herein granted to political parties, a Any elective official, whether national or local, running for
political party shall first be duly registered with the any office other than the one which he is holding in a
Commission. Any registered political party that, singly or permanent capacity, except for President and
in coalition with others, fails to obtain at least ten percent



Vice-President, shall be considered ipso facto resigned filing it is announcing his candidacy for the office stated
from his office upon the filing of his certificate of therein and that he is eligible for said office; if for Member
candidacy. (as repealed by RA No 9006) of the Batasang Pambansa, the province, including its
Section 68. Disqualifications. — Any candidate who, component cities, highly urbanized city or district or
in an action or protest in which he is a party is declared by sector which he seeks to represent; the political party to
final decision of a competent court guilty of, or found by which he belongs; civil status; his date of birth; residence;
the Commission of having (a) given money or other his post office address for all election purposes; his
material consideration to influence, induce or corrupt the profession or occupation; that he will support and defend
voters or public officials performing electoral functions; the Constitution of the Philippines and will maintain true
(b) committed acts of terrorism to enhance his candidacy; faith and allegiance thereto; that he will obey the laws,
(c) spent in his election campaign an amount in excess of legal orders, and decrees promulgated by the duly
that allowed by this Code; (d) solicited, received or made constituted authorities; that he is not a permanent
any contribution prohibited under Sections 89, 95, 96, 97 resident or immigrant to a foreign country; that the
and 104; or (e) violated any of Sections 80, 83, 85, 86 and obligation imposed by his oath is assumed voluntarily,
261, paragraphs d, e, k, v, and cc, subparagraph 6, shall be without mental reservation or purpose of evasion; and
disqualified from continuing as a candidate, or if he has that the facts stated in the certificate of candidacy are
been elected, from holding the office. Any person who is true to the best of his knowledge.
a permanent resident of or an immigrant to a foreign Unless a candidate has officially changed his name
country shall not be qualified to run for any elective office through a court approved proceeding, a certificate shall
under this Code, unless said person has waived his status use in a certificate of candidacy the name by which he
as permanent resident or immigrant of a foreign country has been baptized, or if has not been baptized in any
in accordance with the residence requirement provided church or religion, the name registered in the office of the
for in the election laws. local civil registrar or any other name allowed under the
Section 69. Nuisance candidates. — The provisions of existing law or, in the case of a Muslim, his
Commission may motu proprio or upon a verified petition Hadji name after performing the prescribed religious
of an interested party, refuse to give due course to or pilgrimage: Provided, That when there are two or more
cancel a certificate of candidacy if it is shown that said candidates for an office with the same name and
certificate has been filed to put the election process in surname, each candidate, upon being made aware or
mockery or disrepute or to cause confusion among the such fact, shall state his paternal and maternal surname,
voters by the similarity of the names of the registered except the incumbent who may continue to use the
candidates or by other circumstances or acts which name and surname stated in his certificate of candidacy
clearly demonstrate that the candidate has no bona fide when he was elected. He may also include one nickname
intention to run for the office for which the certificate of or stage name by which he is generally or popularly
candidacy has been filed and thus prevent a faithful known in the locality.
determination of the true will of the electorate. The person filing a certificate of candidacy shall also
Section 70. Guest candidacy. — A political party may affix his latest photograph, passport size; a statement in
nominate and/or support candidates not belonging to it. duplicate containing his bio-data and program of
government not exceeding one hundred words, if he so
Section 72. Effects of disqualification cases and desires.
priority. — The Commission and the courts shall give
Section 75. Filing and distribution of certificate of
priority to cases of disqualification by reason of candidacy. — The certificate of candidacy shall be filed
violation of this Act to the end that a final decision shall on any day from the commencement of the election
be rendered not later than seven days before the election period but not later than the day before the beginning of
in which the disqualification is sought. the campaign period: Provided, That in cases of
Any candidate who has been declared by final postponement or failure of election under Sections 5 and
judgment to be disqualified shall not be voted for, and 6 hereof, no additional certificate of candidacy shall be
the votes cast for him shall not be counted. Nevertheless, accepted except in cases of substitution of candidates as
if for any reason, a candidate is not declared by final provided under Section 77 hereof.
judgment before an election to be disqualified and he is The certificates of candidacy for President and
voted for and receives the winning number of votes in Vice-President of the Philippines shall be filed in ten
such election, his violation of the provisions of the legible copies with the Commission which shall order the
preceding sections shall not prevent his proclamation printing of copies thereof for distribution to all polling
and assumption to office. places. The certificates of candidacy for the other offices
Section 73. Certificate of candidacy. — No person shall be filed in duplicate with the offices herein below
shall be eligible for any elective public office unless he mentioned, together with a number of clearly legible
files a sworn certificate of candidacy within the period copies equal to twice the number of polling places in the
fixed herein. province, city, district, municipality or barangay, as the
case may be:
A person who has filed a certificate of candidacy may,
prior to the election, withdraw the same by submitting to (a) For representative in the Batasang Pambansa,
the office concerned a written declaration under oath. with the Commission, the provincial election supervisor,
city election registrar in case of highly urbanized cities, or
No person shall be eligible for more than one office to an officer designated by the Commission having
be filled in the same election, and if he files his certificate jurisdiction over the province, city or representative
of candidacy for more than one office, he shall not be district who shall send copies thereof to all polling places
eligible for any of them. in the province, city or district;
However, before the expiration of the period for the (b) For provincial offices, with the provincial election
filing of certificates of candidacy, the person who was supervisor of the province concerned who shall send
filed more than one certificate of candidacy may declare copies thereof to all polling places in the province;
under oath the office for which he desires to be eligible
and cancel the certificate of candidacy for the other (c) For city and municipal offices, with the city or
office or offices. municipal election registrar who shall send copies thereof
to all polling places in the city or municipality; and
The filing or withdrawal of a certificate of candidacy
shall not affect whatever civil, criminal or administrative (d) For punong barangay or kagawad ng
liabilities which a candidate may have incurred. sangguniang barangay, the certificates of candidacy shall
be filed in accordance with the provisions of Section 39 of
Section 74. Contents of certificate of candidacy. — Article VI of this Code.
The certificate of candidacy shall state that the person


The duly authorized receiving officer shall considered as election campaign or partisan election
immediately send the original copy of all certificates of activity.
candidacy received by him to the Commission. Public expressions or opinions or discussions of
Section 76. Ministerial duty of receiving and probable issues in a forthcoming election or on attributes
acknowledging receipt. — The Commission, provincial of or criticisms against probable candidates proposed to
election supervisor, election registrar or officer be nominated in a forthcoming political party convention
designated by the Commission or the board of election shall not be construed as part of any election campaign
inspectors under the succeeding section shall have the or partisan political activity contemplated under this
ministerial duty to receive and acknowledge receipt of Article.
the certificate of candidacy. Section 80. Election campaign or partisan political
Section 77. Candidates in case of death, activity outside campaign period. — It shall be unlawful
disqualification or withdrawal of another. — If after the for any person, whether or not a voter or candidate, or for
last day for the filing of certificates of candidacy, an any party, or association of persons, to engage in an
official candidate of a registered or accredited political election campaign or partisan political activity except
party dies, withdraws or is disqualified for any cause, only during the campaign period: Provided, That political
a person belonging to, and certified by, the same political parties may hold political conventions or meetings to
party may file a certificate of candidacy to replace the nominate their official candidates within thirty days
candidate who died, withdrew or was disqualified. The before the commencement of the campaign period and
substitute candidate nominated by the political party forty-five days for Presidential and Vice-Presidential
concerned may file his certificate of candidacy for the election.
office affected in accordance with the preceding sections Section 81. Intervention of foreigners. — It shall be
not later than mid-day of the day of the election. If the unlawful for any foreigner, whether judicial or natural
death, withdrawal or disqualification should occur person, to aid any candidate or political party, directly or
between the day before the election and mid-day of indirectly, or take part in or influence in any manner any
election day, said certificate may be filed with any board election, or to contribute or make any expenditure in
of election inspectors in the political subdivision where he connection with any election campaign or partisan
is a candidate, or, in the case of candidates to be voted for political activity.
by the entire electorate of the country, with the
Commission. Section 82. Lawful election propaganda. — Lawful
election propaganda shall include:
Section 78. Petition to deny due course to or cancel
a certificate of candidacy. — A verified petition seeking (a) Pamphlets, leaflets, cards, decals, stickers or other
to deny due course or to cancel a certificate of candidacy written or printed materials of a size not more than eight
may be filed by the person exclusively on the ground that and one-half inches in width and fourteen inches in
any material representation contained therein as length;
required under Section 74 hereof is false. The petition (b) Handwritten or printed letters urging voters to
may be filed at any time not later than twenty-five days vote for or against any particular candidate;
from the time of the filing of the certificate of candidacy
and shall be decided, after due notice and hearing, not (c) Cloth, paper or cardboard posters, whether framed
later than fifteen days before the election. or posted, with an area exceeding two feet by three feet,
except that, at the site and on the occasion of a public
meeting or rally, or in announcing the holding of said
ARTICLE X CAMPAIGN AND ELECTION meeting or rally, streamers not exceeding three feet by
PROPAGANDA eight feet in size, shall be allowed: Provided, That said
streamers may not be displayed except one week before
Section 79. Definitions. — As used in this Code: the date of the meeting or rally and that it shall be
(a) The term "candidate" refers to any person aspiring removed within seventy-two hours after said meeting or
for or seeking an elective public office, who has filed a rally; or
certificate of candidacy by himself or through an (d) All other forms of election propaganda not
accredited political party, aggroupment, or coalition of prohibited by this Code as the Commission may authorize
parties; after due notice to all interested parties and hearing
(b) The term "election campaign" or "partisan political where all the interested parties were given an equal
activity" refers to an act designed to promote the election opportunity to be heard: Provided, That the Commission's
or defeat of a particular candidate or candidates to a authorization shall be published in two newspapers of
public office which shall include: general circulation throughout the nation for at least
twice within one week after the authorization has been
(1) Forming organizations, associations, clubs,
granted.
committees or other groups of persons for the purpose of
soliciting votes and/or undertaking any campaign for or Section 83. Removal, destruction or defacement of
against a candidate; lawful election propaganda prohibited. — It shall be
unlawful for any person during the campaign period to
(2) Holding political caucuses, conferences, meetings,
remove, destroy, obliterate, or in any manner deface or
rallies, parades, or other similar assemblies, for the
tamper with, or prevent the distribution of lawful election
purpose of soliciting votes and/or undertaking any
propaganda.
campaign or propaganda for or against a candidate;
Section 84. Requirements for published or printed
(3) Making speeches, announcements or
election propaganda. — Any newspaper, newsletter,
commentaries, or holding interviews for or against the
newsweekly, gazette or magazine advertising, posters,
election of any candidate for public office;
pamphlets, circulars, handbills, bumper stickers,
(4) Publishing or distributing campaign literature or streamers, simple list of candidates or any published or
materials designed to support or oppose the election of printed political matter for or against a candidate or
any candidate; or group of candidates to any public office shall bear and be
(5) Directly or indirectly soliciting votes, pledges or identified by the words "paid for by" followed by the true
support for or against a candidate. and correct name and address of the payor and by the
words "printed by" followed by the true and correct name
The foregoing enumerated acts if performed for the and address of the printer.
purpose of enhancing the chances of aspirants for
nomination for candidacy to a public office by a political Section 85. Prohibited forms of election
party, aggroupment, or coalition of parties shall not be propaganda. — (as repealed by RA No 9006)


Section 86. Regulation of election propaganda Provided, finally, That one only justifiable ground for
through mass media. - denial is a prior written application by any candidate or
(a) The Commission shall promulgate rules and political party for the same purpose has been approved.
regulations regarding the sale of air time for partisan Section 88. Public rally. — Any political party or
political purposes during the campaign period to insure candidate shall notify the election registrar concerned of
the equal time as to duration and quality in available to all any public rally said political party or candidate intends to
candidates for the same office or political parties at the organize and hold in the city or municipality, and within
same rates or given free of charge; that such rates are seven working days thereafter submit to the election
reasonable and not higher than those charged other registrar a statement of expenses incurred in connection
buyers or users of air time for non-political purposes; that therewith.
the provisions of this Code regarding the limitation of Section 89. Transportation, food and drinks. — It
expenditures by candidates and political parties and shall be unlawful for any candidate, political party,
contributions by private persons, entities and institutions organization, or any person to give or accept, free of
are effectively enforced; and to ensure that said radio charge, directly or indirectly, transportation, food or drinks
broadcasting and television stations shall not unduly or things of value during the five hours before and after a
allow the scheduling of any program or permit any public meeting, on the day preceding the election, and
sponsor to manifestly favor or oppose any candidate or on the day of the election; or to give or contribute, directly
political party by unduly or repeatedly referring to or or indirectly, money or things of value for such purpose.
including said candidate and/or political party in such
program respecting, however, in all instances the right of Section 90. Comelec space. — The Commission shall
said stations to broadcast accounts of significant or procure space in at least one newspaper of general
newsworthy events and views on matters of public circulation in every province or city: Provided, however,
interest. That in the absence of said newspaper, publication shall
be done in any other magazine or periodical in said
(b) All contracts for advertising in any newspaper, province or city, which shall be known as "Comelec Space"
magazine, periodical or any form of publication wherein candidates can announce their candidacy. Said
promoting or opposing the candidacy of any person for space shall be allocated, free of charge, equally and
public office shall, before its implementation, be impartially by the Commission among all candidates
registered by said newspaper, magazine, periodical or within the area in which the newspaper is circulated.
publication with the Commission. In every case, it shall be
signed by the candidate concerned or by the duly Section 91. Comelec poster area. — Whenever
authorized representative of the political party. practicable, the Commission shall also designate and
provide for a common poster are in strategic places in
(c) No franchise or permit to operate a radio or each town wherein candidates can announce and further
television station shall be granted or issued, suspended or their candidacy through posters, said space to be likewise
cancelled during the election period. allocated free of charge, equally and impartially by the
Any radio or television stations, including that owned Commission among all the candidates concerned.
or controlled by the Government, shall give free of charge Section 92. Comelec time. — The Commission shall
equal time and prominence to an accredited political procure radio and television time to be known as
party or its candidates if it gives free of charge airtime to "Comelec Time" which shall be allocated equally and
an accredited political party or its candidates for political impartially among the candidates within the area of
purposes. coverage of all radio and television stations. For this
In all instances, the Commission shall supervise the purpose, the franchise of all radio broadcasting and
use and employment of press, radio and television television station are hereby amended so as to provide
facilities so as to give candidates equal opportunities radio television time, free of charge, during the period of
under equal circumstances to make known their the campaign.
qualifications and their stand on public issues within the Section 93. Comelec information bulletin. — The
limits set forth in this Code on election spending. Commission shall cause the printing, and supervise the
Rules and regulations promulgated by the dissemination of bulletins to be known as "Comelec
Commission under and by authority of this section shall Bulletin" which shall be of such size as to adequately
take effect on the seventh day after their publication in at contain the picture, bio-data and program of government
least two daily newspapers of general circulation. Prior to of every candidate. Said bulletin shall be disseminated to
the effectivity of said rules and regulations, no political the voters or displayed in such places as to give due
advertisement or propaganda for or against any prominence thereto. Any candidate may reprint at his
candidate or political party shall be published or expense, any "Comelec Bulletin" upon prior authority of
broadcast through the mass media. the Commission: Provided, That the printing of the
Violation of the rules and regulations of the names of the different candidates with their bio-data
Commission issued to implement this section shall be an must be in alphabetical order irrespective of party
election offense punishable under Section 264 hereof. affiliation.
Section 87. Rallies, meetings and other political

activities. — Subject to the requirements of local ARTICLE XI ELECTORAL CONTRIBUTIONS AND
ordinances on the issuance of permits, any political party EXPENDITURES
supporting official candidates or any candidate
Section 94. Definitions. — As used in this Article:
individually or jointly with other aspirants may hold
peaceful political rallies, meetings, and other similar (a) The term "contribution" includes a gift, donation,
activities during the campaign period: Provided, That all subscription, loan, advance or deposit of money or
applications for permits to hold meetings, rallies and anything of value, or a contract, promise or agreement to
other similar political activities, receipt of which must be contribute, whether or not legally enforceable, made for
acknowledged in writing and which application shall be the purpose of influencing the results of the elections but
immediately posted in a conspicuous place in the city or shall not include services rendered without
municipal building, shall be acted upon in writing by local compensation by individuals volunteering a portion or all
authorities concerned within three days after the filing of their time in behalf of a candidate or political party. It
thereof and any application not acted upon within said shall also include the use of facilities voluntarily donated
period shall be deemed approved: and Provided, further, by other persons, the money value of which can be
That denial of any application for said permit shall be assessed based on the rates prevailing in the area.
appealable to the provincial election supervisor or to the (b) The term "expenditure" includes the payment or
Commission whose decision shall be made within delivery of money of anything of value, or a contract,
forty-eight hours and which shall be final and executory: promise or agreement to make an expenditure, for the



purpose of influencing the results of the election. It shall any name other than that of the person by whom it was
also include the use of facilities personally owned by the actually made.
candidate, the money value of the use of which can be Section 99. Report of contributions. — Every person
assessed based on the rates prevailing in the area. giving contributions to any candidate, treasurer of the
(c) The term "person" includes an individual, party, or authorized representative of such candidate or
partnership, committee, association, corporation, and any treasurer shall, not later than thirty days after the day of
other organization or group of persons. the election, file with the Commission a report under
Section 95. Prohibited contributions. — No oath stating the amount of each contribution, the name
contribution for purposes of partisan political activity shall of the candidate, agent of the candidate or political party
be made directly or indirectly by any of the following: receiving the contribution, and the date of the
contribution.
(a) Public or private financial institutions: Provided,
however, That nothing herein shall prevent the making of Section 100. Limitations upon expenses of
any loan to a candidate or political party by any such candidates. — No candidate shall spend for his election
public or private financial institutions legally in the campaign an aggregate amount exceeding one peso and
business of lending money, and that the loan is made in fifty centavos for every voter currently registered in the
accordance with laws and regulations and in the ordinary constituency where he filed his candidacy: Provided, That
course of business; the expenses herein referred to shall include those
incurred or caused to be incurred by the candidate,
(b) Natural and juridical persons operating a public whether in cash or in kind, including the use, rental or
utility or in possession of or exploiting any natural hire of land, water or aircraft, equipment, facilities,
resources of the nation; apparatus and paraphernalia used in the campaign:
(c) Natural and juridical persons who hold contracts Provided, further, That where the land, water or aircraft,
or sub-contracts to supply the government or any of its equipment, facilities, apparatus and paraphernalia used is
divisions, subdivisions or instrumentalities, with goods or owned by the candidate, his contributor or supporter, the
services or to perform construction or other works; Commission is hereby empowered to assess the amount
commensurate with the expenses for the use thereof,
(d) Natural and juridical persons who have been based on the prevailing rates in the locality and shall be
granted franchises, incentives, exemptions, allocations or included in the total expenses incurred by the candidate.
similar privileges or concessions by the government or
any of its divisions, subdivisions or instrumentalities, Section 101. Limitations upon expenses of political
including government-owned or controlled corporations; parties. — A duly accredited political party may spend for
the election of its candidates in the constituency or
(e) Natural and juridical persons who, within one year constituencies where it has official candidates an
prior to the date of the election, have been granted loans aggregate amount not exceeding the equivalent of one
or other accommodations in excess of P100,000 by the peso and fifty centavos for every voter currently
government or any of its divisions, subdivisions or registered therein. Expenses incurred by branches,
instrumentalities including government-owned or chapters, or committees of such political party shall be
controlled corporations; included in the computation of the total expenditures of
(f) Educational institutions which have received the political party.
grants of public funds amounting to no less than Expenses incurred by other political parties shall be
P100,000.00; considered as expenses of their respective individual
(g) Officials or employees in the Civil Service, or candidates and subject to limitation under Section 100 of
members of the Armed Forces of the Philippines; and this Code.
(h) Foreigners and foreign corporations. Section 102. Lawful expenditures. — To carry out the
objectives of the preceding sections, no candidate or
It shall be unlawful for any person to solicit or receive treasurer of a political party shall, directly or indirectly,
any contribution from any of the persons or entities make any expenditure except for the following purposes:
enumerated herein.
(a) For travelling expenses of the candidates and
Section 96. Soliciting or receiving contributions campaign personnel in the course of the campaign and
from foreign sources. — It shall be unlawful for any for personal expenses incident thereto;
person, including a political party or public or private
entity to solicit or receive, directly or indirectly, any aid or (b) For compensation of campaigners, clerks,
contribution of whatever form or nature from any foreign stenographers, messengers, and other persons actually
national, government or entity for the purposes of employed in the campaign;
influencing the results of the election. (c) For telegraph and telephone tolls, postage, freight
Section 97. Prohibited raising of funds. — It shall be and express delivery charges;
unlawful for any person to hold dances, lotteries, (d) For stationery, printing and distribution of printed
cockfights, games, boxing bouts, bingo, beauty contests, matters relative to candidacy;
entertainments, or cinematographic, theatrical or other
performances for the purpose of raising funds for an (e) For employment of watchers at the polls;
election campaign or for the support of any candidate (f) For rent, maintenance and furnishing of campaign
from the commencement of the election period up to headquarters, office or place of meetings;
and including election day; or for any person or
organization, whether civic or religious, directly or (g) For political meetings and rallies and the use of
indirectly, to solicit and/or accept from any candidate for sound systems, lights and decorations during said
public office, or from his campaign manager, agent or meetings and rallies;
representative, or any person acting in their behalf, any (h) For newspaper, radio, television and other public
gift, food, transportation, contribution or donation in cash advertisements;
or in kind from the commencement of the election (i) For employment of counsel, the cost of which shall
period up to and including election day; Provided, That not be taken into account in determining the amount of
normal and customary religious stipends, tithes, or expenses which a candidate or political party may have
collections on Sundays and/or other designated collection incurred under Section 100 and 101 hereof;
days, are excluded from this prohibition.
(j) For copying and classifying list of voters,
Section 98. True name of contributor required. — No investigating and challenging the right to vote of persons
person shall make any contribution in any name except registered in the lists the costs of which shall not be taken
his own nor shall any candidate or treasurer of a political into account in determining the amount of expenses
party receive a contribution or enter or record the same in


which a candidate or political party may have incurred Section 107. Statement of contributions and
under Sections 100 and 101 hereof; or expenditures. — (as repealed by RA No 7166)
(k) For printing sample ballots in such color, size and Section 108. Place for filing statements. —.(as
maximum number as may be authorized by the repealed by RA No 7166)
Commission and the cost of such printing shall not be Section 109. Form and contents of statement. — The
taken into account in determining the amount of statement shall be in writing, subscribed and sworn to by
expenses which a candidate or political party may have the candidate or by the treasurer of the party, shall be
incurred under Sections 100 and 101 hereof. complete as of the date next preceding the date of filing
Section 103. Persons authorized to incur election and shall set forth in detail (a) the amount of contribution,
expenditures. — No person, except the candidate, the the date of receipt, and the full name and exact address
treasurer of a political party or any person authorized by of the person from whom the contribution was received;
such candidate or treasurer, shall make any expenditure (b) the amount of every expenditure, the date thereof, the
in support of or in opposition to any candidate or political full name and exact address of the person to whom
party. Expenditures duly authorized by the candidate or payment was made, and the purpose of the expenditure;
the treasurer of the party shall be considered as (c) any unpaid obligation, its nature and amount, and to
expenditures of such candidate or political party. whom said obligation is owing; and (d) such other
The authority to incur expenditures shall be in particulars which the Commission may require.
writing, copy of which shall be furnished the Commission If the candidate or treasurer of the party has received
signed by the candidate or the treasurer of the party and no contribution, made no expenditure, or has no pending
showing the expenditures so authorized, and shall state obligation, the statement shall reflect such fact.
the full name and exact address of the person so Section 110. Preservation and inspection of
designated. statements. — All statements of contributions and
Section 104. Prohibited donations by candidates, expenditures shall be kept and preserved at the office
treasurers of parties or their agents. — No candidate, his where they are filed and shall constitute part of the
or her spouse or any relative within the second civil public records thereof for three years after the election to
degree of consanguinity or affinity, or his campaign which they pertain. They shall not be removed therefrom
manager, agent or representative shall during the except upon order of the Commission or of a competent
campaign period, on the day before and on the day of the court and shall, during regular office hours, be subject
election, directly or indirectly, make any donation, and open to inspection by the public. The officer
contribution or gift in cash or in kind, or undertake or in-charge thereof, shall, on demand, furnish certified
contribute to the construction or repair of roads, bridges, copies of any statement upon payment of the fee
school buses, puericulture centers, medical clinics and prescribed under Section 270 hereof.
hospitals, churches or chapels cement pavements, or any It shall be the duty of the Commission to examine all
structure for public use or for the use of any religious or statements of contributions and expenditures of
civic organization: Provided, That normal and customary candidates and political parties to determine compliance
religious dues or contributions, such as religious stipends, with the provisions of this Article.
tithes or collections on Sundays or other designated
collection days, as well as periodic payments for Section 111. Effect of failure to file statement. — In
legitimate scholarships established and school addition to other sanctions provided in this Code, no
contributions habitually made before the prohibited person elected to any public office shall enter upon the
period, are excluded from the prohibition. duties of his office until he has filed the statement of
contributions and expenditures herein required.
The same prohibition applies to treasurers, agents or
representatives of any political party. The same prohibition shall apply if the political party
which nominated the winning candidate fails to file the
Section 105. Accounting by agents of candidate or statements required herein within the period prescribed
treasurer. — Every person receiving contributions or by this Code.
incurring expenditures by authority of the candidate or
treasurer of the party shall, on demand by the candidate Section 112. Report of contractor and business firms.
or treasurer of the party and in any event within five days — Every person or firm to whom any electoral
after receiving such contribution or incurring such expenditure is made shall, within thirty days after the day
expenditure, render to the candidate or the treasurer of of the election, file with the Commission a report setting
the party concerned, a detailed account thereof with forth the full names and exact addresses of the
proper vouchers or official receipts. candidates, treasurers of political parties, and other
persons incurring such expenditures, the nature or
Section 106. Records of contributions and purpose of each expenditure, the date and costs thereof,
expenditures. - and such other particulars as the Commission may
(a) It shall be the duty of every candidate, treasurer of require. The report shall be signed and sworn to by the
the political party and person acting under the authority supplier or contractor, or in case of a business firm or
of such candidate or treasurer to issue a receipt for every association, by its president or general manager.
contribution received and to obtain and keep a receipt It shall be the duty of such person or firm to whom an
stating the particulars of every expenditure made. electoral expenditure is made to require every agent of a
(b) Every candidate and treasurer of the party shall candidate or of the treasurer of a political party to present
keep detailed, full, and accurate records of all written authority to incur electoral expenditures in behalf
contributions received and expenditures incurred by him of such candidate or treasurer, and to keep and preserve
and by those acting under his authority, setting forth at its place of business, subject to inspection by the
therein all information required to be reported. Commission or its authorized representatives, copies of
(c) Every candidate and treasurer of the party shall be such written authority, contracts, vouchers, invoices and
responsible for the preservation of the records of other records and documents relative to said
contributions and expenditures, together with all expenditures for a period of three years after the date of
pertinent documents, for at least three years after the the election to which they pertain.
holding of the election to which they pertain and for their It shall be unlawful for any supplier, contractor or
production for inspection by the Commission or its duly business firm to enter into contract involving election
authorized representative, or upon presentation of a expenditures with representatives of candidates or
subpoena duces tecum duly issued by the Commission. political parties without such written authority.
Failure of the candidate or treasurer to preserve such
records or documents shall be deemed prima facie
evidence of violation of the provisions of this Article.


Section 119. Preparation of the permanent list of
ARTICLE XII REGISTRATION OF VOTERS voters. — For the preparation of the permanent list of
voters in nineteen hundred and ninety-six and every
Section 113. Permanent List of Voters. — Any
twelve years thereafter, the board of election inspectors
provision of Presidential Decree No. 1896 to the contrary
referred to in Article XIV hereof of each election precinct
notwithstanding, the list of voters prepared and used in
shall hold four meetings on the seventh Saturday,
the election of Members of the Batasang Pambansa on
seventh Sunday, sixth Saturday and sixth Sunday
May 14, 1984, with such additions, cancellations and
preceding the date of the regular election to be held. At
corrections as may hereafter be made in accordance with
these meetings the board shall prepare eight copies of
the provisions of this Code, shall constitute the
the list of voters of the precinct wherein it shall register
permanent list of voters in each city or municipality, as
the electors applying for registration.
the case may be, until 1996.
Section 120. Preparation of the list before other
For purposes of the next following election, the
regular elections. — For the preparation of the list before
Commission, through the election registrars, shall assign
other regular elections, the board of election inspectors of
the proper precincts and polling places to the registered
each election precinct shall meet in the polling place on
voters in said list. Written notice of any such change shall
the seventh and sixth Saturdays before the day of the
be made to the affected voters within two weeks
election. At these meetings, the board shall prepare and
therefrom.
certify eight copies of the list of voters of the
Section 114. Renewal of the Permanent List. — The corresponding precinct transferring thereto the names of
list of voters prepared in accordance with the preceding the voters appearing in the list used in the preceding
section shall be renewed in nineteen hundred and election and including therein such new qualified voters
ninety-six and every twelve years thereafter. as may apply for registration, as provided in Section 126
Section 115. Necessity of Registration. — In order that hereof.
a qualified elector may vote in any election, plebiscite or Section 121. Preparation of the list before any
referendum, he must be registered in the permanent list special election, plebiscite or referendum. — For the
of voters for the city or municipality in which he resides. preparation of the list of voters before a special election,
Section 116. Who may be registered in the list. — All plebiscite or referendum, the board of elections
persons having complied with the requisites herein inspectors of each election precinct shall hold a meeting
prescribed for the registration of voters shall be registered in the polling place on the second Saturday following the
in the list, provided they possess all the qualifications and day of the proclamation calling such election. At this
none of the disqualifications of a voter. Those who failed meeting the board shall transfer the names of the voters
to register in the election of 1984, for any reason appearing in the list used in the preceding election and
whatsoever, may register in accordance with the enter those of the newly registered voters.
provisions of this Code. Any person who may not have on Section 122. Transfer of names of voters from the
the date of registration the age or period of residence permanent list to the current one. — The transfer of the
required may also be registered upon proof that on the names of the voters of the precinct already registered in
date of the election, plebiscite or referendum he shall the list used in the preceding election to the list to be
have such qualifications. made as provided for in the two preceding sections is a
Section 117. Qualifications of a voter. — Every citizen ministerial duty of the board, and any omission or error in
of the Philippines, not otherwise disqualified by law, copying shall be corrected motu proprio, or upon petition
eighteen years of age or over, who shall have resided in of the interested party, without delay and in no case
the Philippines for one year and in the city or municipality beyond three days from the time such error is noticed;
wherein he proposes to vote for at least six months and if the board should refuse, the interested party may
immediately preceding the election, may be registered as apply for such correction to the proper municipal or
a voter. metropolitan trial court which shall decide the case
without delay and in no case beyond three days from the
Any person who transfers residence to another city, date the petition is filed. The decision of the proper
municipality or country solely by reason of his occupation; municipal or metropolitan trial court shall be final and
profession; employment in private or public service; unappealable in whatever form or manner.
educational activities; work in military or naval
reservations; service in the army, navy or air force; the To facilitate the transfer of names of voters, the
constabulary or national police force; or confinement or election registrar shall deliver the book of voters to the
detention in government institutions in accordance with board of election inspectors on the day before the
law, shall be deemed not to have lost his original registration of voters, to be returned after the last day of
residence. registration.
Section 118. Disqualifications. — The following shall Section 123. Cancellation and exclusion in the
be disqualified from voting: transfer of names. — In transferring the names of the
voters of the precinct from the list used in the preceding
(a) Any person who has been sentenced by final election to the current list, the board shall exclude those
judgment to suffer imprisonment for not less than one who have applied for the cancellation of their registration,
year, such disability not having been removed by plenary those who have died, those who did not vote in the
pardon or granted amnesty: Provided, however, That any immediately preceding two successive regular elections,
person disqualified to vote under this paragraph shall those who have been excluded by court orders issued in
automatically reacquire the right to vote upon expiration accordance with the provisions of this Code, and those
of five years after service of sentence. who have been disqualified, upon motion of any member
(b) Any person who has been adjudged by final of the board or of any elector or watcher, upon
judgment by competent court or tribunal of having satisfactory proof to the board and upon summons to the
committed any crime involving disloyalty to the duly voter in cases of disqualification. The motion shall be
constituted government such as rebellion, sedition, decided by the board without delay and in no case
violation of the anti-subversion and firearms laws, or any beyond three days from its filing. Should the board deny
crime against national security, unless restored to his full the motion, or fail to act thereon within the period herein
civil and political rights in accordance with law: Provided, fixed, the interested party may apply for such exclusion to
That he shall regain his right to vote automatically upon the municipal or metropolitan trial court which shall
expiration of five years after service of sentence. decide the petition without delay and in no case beyond
three days from the date the petition is filed. The decision
(c) Insane or incompetent persons as declared by of the court shall be final. The poll clerk shall keep a
competent authority. record of these exclusions and shall furnish three copies
thereof to the election registrar who shall, in turn keep


one copy and send the two other copies thereof to the required and that the applicant's specimen signatures,
provincial election supervisor and the Commission, to be the prints of his left and right hand thumbmarks and his
attached by them to the permanent list under their photograph are properly affixed in each of the voter's
custody. affidavit.
Section 124. Meeting to close the list of voters. — Section 127. Illiterate or disabled applicants. — The
The board of election inspectors shall also meet on the voter's affidavit of an illiterate or physically disabled
second Saturday immediately preceding the day of the person may be prepared by any relative within the fourth
regular election, or on the second day immediately civil degree of consanguinity or affinity or by any member
preceding the day of the special election, plebiscite or of the board of election inspectors who shall prepare the
referendum whether it be Sunday or a legal holiday, for affidavit in accordance with the data supplied by the
the purpose of making such inclusions, exclusions, and applicant.
corrections as may be or may have been ordered by the Section 128. Voter's identification. — The
courts, stating opposite every name so corrected, added, identification card issued to the voter shall serve and be
or cancelled, the date of the order and the court which considered as a document for the identification of each
issued the same; and for the consecutive numbering of registered voter: Provided, however, That if the voter's
the voters of the election precinct. identity is challenged on election day and he cannot
Should the board fail to include in the list of voters present his voter identification card, his identity may be
any person ordered by competent court to be so established by the specimen signatures, the photograph
included, said person shall, upon presentation of a or the fingerprints in his voter's affidavit in the book of
certified copy of the order of inclusion and upon proper voters. No extra or duplicate copy of the voter
identification, be allowed by the board to vote. identification card shall be prepared and issued except
Should the board fail to exclude from the list of voters upon authority of the Commission.
any person ordered by the court to be so excluded, the Each identification card shall bear the name and the
board shall not permit said person to vote upon address of the voter, his date of birth, sex, civil status,
presentation to it by any interested party of a certified occupation, his photograph, thumbmark, the city or
copy of the order of exclusion. municipality and number of the polling place where he is
Section 125. Re-registration. — A voter who is registered, his signature, his voter serial number and the
registered in the permanent list of voters need not signature of the chairman of the board of election
register anew for subsequent elections unless he transfer inspectors.
residence to another city or municipality, or his Any voter previously registered under the provisions
registration has been cancelled on the ground of of Presidential Decree Numbered 1896 who desires to
disqualification and such disqualification has been lifted secure a voter identification card shall, on any registration
or removed. Likewise a voter whose registration has been day, provide four copies of his latest identification
cancelled due to failure to vote in the preceding regular photograph to the board of election inspectors which
election may register anew in the city or municipality upon receipt thereof shall affix one copy thereof to the
where he is qualified to vote. voter's affidavit in the book of voters, one copy to the
Section 126. Registration of voters. — On the seventh voter identification card to be issued to the voter and
and sixth Saturdays before a regular election or on the transmit through the election registrar, one copy each to
second Saturday following the day of the proclamation the provincial election supervisor and the Commission to
calling for a new special election, plebiscite or be respectively attached to the voter's affidavit in their
referendum, any person desiring to be registered as a respective custody.
voter shall accomplish in triplicate before the board of Section 129. Action by the board of election
election inspectors a voter's affidavit in which shall be inspectors. — Upon receipt of the voter's affidavit, the
stated the following data: board of election inspectors shall examine the data
(a) Name, surname, middle name, maternal surname; therein. If it finds that the applicant possesses all the
qualifications and none of the disqualifications of a voter,
(b) Date and place of birth; he shall be registered. Otherwise, he shall not be
(c) Citizenship; registered.
(d) Periods of residence in the Philippines and in the The name and address of each registered voter shall,
place of registration; immediately upon his registration, be entered in the
proper alphabetical group in the list after which the voter
(e) Exact address with the name of the street and identification card shall be issued to the voter.
house number or in case there is none, a brief description
of the locality and the place; Section 130. Provincial central file of registered
voters. — There shall be a provincial central file of
(f) A statement that the applicant has not been registered voters containing the duplicate copies of all
previously registered, otherwise he shall be required to approved voter's affidavits in each city and municipality in
attach a sworn application for cancellation of his previous the province which shall be under the custody and
registration; and supervision of the provincial election supervisor. The
(g) Such other information or data which may be applications shall be compiled alphabetically by precincts
required by the Commission. so as to make the file an exact replica of the book of
voters in the possession of the election registrar.
The voter's affidavit shall also contain three
specimens of the applicant's signature and clear and Should the book of voters in the custody of the
election registrar be lost or destroyed at a time so close to
legible prints of his left and right hand thumbmarks the election day that there is no time to reconstitute the
and shall be sworn to and filed together with four copies same, the corresponding book of voters in the provincial
of the latest identification photograph to be supplied by file shall be used during the voting.
the applicant.
Section 131. National central file of registered voters.
The oath of the applicant shall include a statement — There shall also be a national central file or registered
that he does not have any of the disqualifications of a voters consisting of the triplicate copies of all approved
voter and that he has not been previously registered in voters' affidavits in all cities and municipalities which shall
the precinct or in any other precinct. be prepared and kept in the central office of the
Before the applicant accomplishes his voter's Commission. The applications in the national central file
affidavit, the board of election inspectors shall appraise shall be compiled alphabetically according to the
the applicant of the qualifications and disqualifications surnames of the registered voters regardless of the place
prescribed by law for a voter. It shall also see to it that the of registration.
accomplished voter's affidavit contain all the data therein



Section 132. Preservation of voter's affidavits. — A Immediately after the meeting for the closing of the list,
copy of the affidavit of each voter shall be kept by the the poll clerk shall also send a notice to the election
board of election inspectors until after the election when registrar, provincial election supervisor and the
it shall deliver the same to the election registrar together Commission regarding the changes and the numbering
with the copies of the list of voters and other election above referred to, to be attached to the copy of the list
papers for use in the next election. The election registrar under their custody.
shall compile the voter's affidavits by precinct Section 136. Challenge of right to register. — Any
alphabetically in a book of voters. The other two copies person applying for registration may be challenged
shall be sent by the board of election inspectors on the before the board of election inspectors on any
day following the date of the affidavit to the office of the registration day be any member, voter, candidate, or
provincial election supervisor and the Commission in watcher. The board shall then examine the challenged
Manila. The provincial election supervisor and the person and shall receive such other evidence as it may
Commission shall respectively file and preserve the deem pertinent, after which it shall decide whether the
voter's affidavits by city and municipality and in elector shall be included in or excluded from the list as
alphabetical order of their surnames. The fourth copy may be proper. All challenges shall be heard and decided
shall be given to the voter as evidence of his registration. without delay, and in no case beyond three days from the
Section 133. Columns in the list of voters. — The list date the challenge was made.
of voters shall be arranged in columns as follows: In the After the question has been decided, the board of
first column there shall be entered, at the time of closing election inspectors shall give to each party a brief
of the list before the election, a number opposite the certified statement setting forth the challenge and the
name of each voter registered, beginning with number decision thereon.
one and continuing in consecutive order until the end of
the list. In the second column, the surnames of the Section 137. Power of the board of election
registered voters shall be written in alphabetical order inspectors to administer oaths and issue summons. —
followed by their respective first names, without For the purpose of determining the right of applicants to
abbreviations of any kind. In the third column, the be registered as voters in the list, the board of election
respective residences of such persons with the name of inspectors shall have the same power to administer oaths,
the street and number, or, in case there be none, a brief to issue subpoena and subpoena duces tecum and to
description of the locality or place. In the fourth column, compel witnesses to appear and testify, but the latter's
shall be entered the periods of residence in the fees and expenses
Philippines and in the city or municipality. In the fifth incident to the process shall be paid in advance by
column, there shall be entered on the day of the election the party in whose behalf the summons is issued.
the numbers of the ballots which were given successively
to each voter. In the sixth column, the voter shall stamp Section 138. Jurisdiction in inclusion and exclusion
on the day of the election the mark of the thumb of his cases. — The municipal and metropolitan trial courts
right hand and under said mark his signature. And in the shall have original and exclusive jurisdiction over all
seventh column, the signature of the chairman of the matters of inclusion and exclusion of voters from the list
board of election inspectors who has handed the ballot to in their respective municipalities or cities. Decisions of the
the voter. It will be sufficient that the fifth, sixth, and municipal or metropolitan trial courts may be appealed
seventh columns shall be filled in the copy of the list directly by the aggrieved party to the proper regional trial
under the custody of the board of election inspectors court within five days from receipt of notice thereof,
which shall see to it that the thumbmark is stamped otherwise said decision of the municipal or metropolitan
plainly. trial court shall become final and executory after said
period. The regional trial court shall decide the appeal
Section 134. Certificate of the board of election within ten days from the time the appeal was received
inspectors in the list of voters. — Upon the adjournment and its decision shall be immediately final and executory.
of each meeting for the registration of voters, the board of No motion for reconsideration shall be entertained by the
election inspectors shall close each alphabetical group of courts.
surnames of voters by writing the dates on the next line
in blank, which shall be forthwith signed by each Section 139. Petition for inclusion of voters in the
member, and, before adding a new name on the same list. — Any person whose application for registration has
page at the next meeting, it shall write the following: been disapproved by the board of election inspectors or
"Added at the _ _ _ meeting" specifying if it is the second whose name has been stricken out from the list may
third or fourth meeting of the board, as the case may be. apply, within twenty days after the last registration day, to
If the meeting adjourned is the last one for the the proper municipal or metropolitan trial court, for an
registration of voters, the board shall, besides closing order directing the board of election inspectors to include
each alphabetical group of voters as above provided, add or reinstate his name in the list, together with the
at the end of the list a certificate (a) of the corrections and certificate of the board of election inspectors regarding
cancellations made in the permanent list, specifying his case and proof of service of notice of his petition upon
them, or that there has been none, and (b) of the total a member of the board of election inspectors with
number of voters registered in the precinct. indication of the time, place, and court before which the
petition is to be heard.
Section 135. Publication of the list. — At the first
hour of the working day following the last day of Section 140. Voters excluded through inadvertence
registration of voters, the poll clerk shall deliver to the or registered with an erroneous or misspelled name. —
election registrar a copy of the list certified to by the Any voter registered in the permanent list who has not
board of election inspectors as provided in the preceding been included in the list prepared for the election or who
section; another copy, also certified, shall be sent to the has been included therein with a wrong or misspelled
provincial election supervisor of the province, and name shall have the right to file an application on any
another, likewise certified, shall be sent to the date with the proper municipal or metropolitan trial
Commission, in whose offices said copies shall be open to court, for an order directing that his name be reinstated
public inspection during regular office hours. On the in the list or that he be registered with his correct name.
same day and hour, the poll clerk shall also post a copy of He shall attach to such application a certified copy of the
the list in the polling place in a secure place on the door entry of his name in the list of the preceding election,
or near the same at a height of a meter and a half, where together with proof that he has applied without success
it may be conveniently consulted by the interested to the board of election inspectors and that he has served
parties. The chairman, poll clerk and the two members of notice thereof upon a member of the board.
the board of election inspectors shall each keep a copy of Section 141. Change of name of registered voter. —
the list which may be inspected by the public in their Any previously registered voter whose name has been
residence or office during regular office hours. changed by reason of marriage or by virtue of a court


order may request the board of election inspectors or both, of the registered voters of any barangay for
during any of its meetings held under this Article that his purposes of exclusion proceedings.
registration in the list be recorded under his or her new Section 145. Annulment of permanent lists of voters.
name. — Any book of voters not prepared in accordance with
Section 142. Petition for exclusion of voters from the the provisions of this Code or the preparation of which
list. — Any registered voter in a city or municipality may has been effected with fraud, bribery, forgery,
apply at any time except during the period beginning impersonation, intimidation, force, or any other similar
with the twenty-first day after the last registration day of irregularity or which list is statistically improbable may,
any election up to and including election day with the upon verified petition of any voter or election registrar, or
proper municipal or metropolitan trial court, for the duly registered political party, and after notice and
exclusion of a voter from the list, giving the name and hearing, be annulled by the Commission: Provided, That
residence of the latter, the precinct in which he is no order, ruling or decision annulling a book of voters
registered, and the grounds for the challenge. The shall be executed within sixty days before an election.
petition shall be sworn to and accompanied by proof of Section 146. Reconstitution of lost or destroyed
notice to the board of election inspectors concerned, if registration records. — The Commission shall
the same is duly constituted, and to the challenged reconstitute all registration records which have been lost
voters. or destroyed. For this purpose, it shall be the duty of the
Section 143. Common rules governing judicial election registrar to immediately report to the
proceedings in the matter of inclusion, exclusion, and Commission any case of loss or destruction of approved
correction of names of voters. applications for registration in their custody. Such
(a) Outside of regular office hours no petition for reconstitution shall be made with the use of the
inclusion, exclusion, or correction of names of voters shall corresponding copies in the national or provincial central
be received. files of registered voters: Provided, That if this is not
feasible, the registered voter concerned may be
(b) Notices to the members of the board of election summoned by the election registrar to effect such
inspectors and to challenged voters shall state the place, reconstitution by accomplishing a new application.
day and hour in which such petition shall be heard, and Reconstituted forms shall be clearly marked with the
such notice may be made by sending a copy thereof by word "reconstituted".
registered mail or by personal delivery or by leaving it in
the possession of a person of sufficient discretion in the The reconstitution of any lost or destroyed application
residence of the said person or, in the event that the for registration shall not affect the criminal liability of any
foregoing procedure is not practicable, by posting a copy person or persons who may be responsible for such loss
in a conspicuous place in the city hall or municipal or destruction.
building and in two other conspicuous places within the Section 147. Examination of registration records. —
city or municipality, at least ten days prior to the day set All registration records in the possession of the city or
for the hearing. municipal election registrar, the provincial election
In the interest of justice and to afford the challenged supervisor, and the Commission shall, during regular
voter every opportunity to contest the petition for office hours, be open to examination by the public with
exclusion, the court concerned may, when the challenged legitimate inquiries for purposes of election.
voter fails to appear in the first day set for the hearing, Law enforcement agencies shall, upon prior
order that notice be effected in such manner and within authorization by the Commission, have access to said
such period of time as it may decide, which time shall in registration records should the same be necessary to, or
no case be more than ten days from the day the in aid of, their investigative functions and duties, subject
respondent is first found in default. to regulations promulgated by the Commission.
(c) Each petition shall refer to only one precinct. Section 148. List of voters. — Fifteen days before the
(d) No costs shall be assessed in these proceedings. date of the regular election or special election,
However, if the court should be satisfied that the referendum or plebiscite, the board of election inspectors
application has been filed for the sole purpose of must post the final list of voters in each precinct with
molesting the adverse party and causing him to incur each and every page thereof duly signed or subscribed
expenses, it may condemn the culpable party to pay the and sworn to by the members of the board of election
costs and incidental expenses. inspectors and that failure to comply with this provision
will constitute an election offense.
(e) Any candidate who may be affected by the
proceedings may intervene and present his evidence. Any candidate or authorized representative of an
accredited political party, upon formal request made to
(f) The decision shall be based on the evidence an election registrar, shall be entitled to a certified copy of
presented. If the question is whether or not the voter is the most recent list of voters in any precinct, municipality,
real or fictitious, his non-appearance on the day set for city or province, upon payment of a reasonable fee as
hearing shall be prima facie evidence that the registered may be prescribed by the Commission.
voter is fictitious. In no case shall a decision be rendered
upon a stipulation of facts.
ARTICLE XIII PRECINCTS AND POLLING
(g) These applications shall be heard and decided
without delay. The decision shall be rendered within six
PLACES
hours after the hearing and within ten days from the date Section 149. Precincts and their establishment. —
of its filing in court. Cases appealed to the regional trial The unit of territory for the purpose of voting is the
court shall be decided within ten days from receipt of the election precinct, and every barangay as of the approval
appeal in the office of the clerk of court. In any case, the of this Act shall have at least one such precinct.
court shall decide these petitions not later than the day
The Commission shall establish all election precincts.
before the election and the decision rendered thereon
shall be immediately final and executory, The precincts actually established in the preceding
notwithstanding the provisions of Section 138 on the regular election shall be maintained, but the Commission
finality of decisions. may introduce such adjustments, changes or new
divisions or abolish them, if necessary: Provided, however,
Section 144. Canvass to check registration. — The
That the territory comprising an election precinct shall
election registrar shall, once every two years or more
not be altered or a new precinct established within
often should the Commission deem it necessary in order
forty-five days before a regular election and thirty days
to preserve the integrity of the permanent lists of voters,
before a special election or a referendum or plebiscite.
conduct verification by mail or house-to-house canvass,


Section 150. Arrangements of election precincts. - petition of the majority of the voters of the precinct or
(a) Each election precinct shall have, as far as possible agreement of all the political parties or by resolution of
not more than three hundred voters and shall comprise, the Commission upon prior notice and hearing.
as far as practicable, contiguous and compact territory. A public building having the requirements prescribed
(b) When it appears that an election precinct contains in the preceding paragraph shall be preferred as polling
more than three hundred voters, the Commission shall, in place.
the interest of orderly election, and in order to facilitate Section 155. Building that shall not be used as
the casting of votes, be authorized to divide a precinct polling places. — No polling place shall be located in a
not later than one week after the last day of registration public or private building owned, leased, or occupied by
of voters. But the polling place of all the precincts created any candidate or of any person who is related to any
thereby shall be located in the same building or candidate within the fourth civil degree of consanguinity
compound where the polling place of the original or affinity, or any officer of the government or leader of
precinct is located, and if this be not feasible, in a place as any political party, group or faction, nor in any building or
close as possible to the polling place of the original surrounding premises under the actual control of a
precinct: Provided, however, That the polling place of the private entity, political party or religious organization. In
new precinct may be located elsewhere upon written places where no suitable public building is available,
petition of the majority of the voters of the new precinct: private school buildings may be used as polling places.
Provided, further, That when a precinct is divided into two No polling place shall be located within the perimeter of
or more precincts, the registered voters shall be included or inside a military or police camp or reservation or within
in the precinct wherein they reside. Every case of a prison compound.
alteration of a precinct shall be duly published by posting Any registered voter, candidate or political party may
a notice of any change in conspicuous location in the petition the Commission not later than thirty days before
precinct, and in the municipal building or city hall, as the the first registration day for the transfer of the polling
case may be. place from the prohibited buildings provided herein.
(c) A municipality which has been merged with Such petition shall be heard and decided by the
another municipality shall constitute at least one election Commission within twenty days from the filing of the
precinct, if the distance between the remotest barangay petition. Failure to effect the transfer of the polling place
of the merged municipality and the nearest polling place after the Commission found it to be located in violation of
in the municipality to which it has been merged shall, by this section within the period prescribed herein shall be a
the shortest road, exceed five kilometers. ground for the postponement of the election in the
(d) An island or group of islands having one hundred polling place concerned.
and fifty or more voters shall constitute a precinct. Section 156. Signs and flags of polling places. — On
(e) Any alteration of the election precincts or the the day of the voting as well as on any day that the board
establishment of new ones shall be communicated to the of election inspectors might meet, every polling place
provincial election supervisor, the provincial shall have in front a sign showing the number of the
superintendent of schools, etc. together with the precinct to which it belongs and the Philippine flag shall
corresponding maps, which shall be published as be hoisted at the proper height.
prescribed in the next succeeding sections. Section 157. Arrangement and contents of polling
Section 151. Publication of maps or precincts. — At places. — Each polling place shall conform as much as
least five days before the first registration day preceding possible to the sketch on the following page.
a regular election or special election or a referendum or a Section 158. Voting booth. — During the voting, there
plebiscite, the Commission shall, through its duly shall be in each polling place a booth for every twenty
authorized representative, post in the city hall or voters registered in the precinct. Each booth shall be
municipal building and in three other conspicuous places open on the side fronting the table for the board of
in the city or municipality and on the door of each polling election inspectors and its three sides shall be closed with
place, a map of the city or municipality showing its walls at least seventy centimeters wide and two meters
division into precincts with their respective boundaries high. The upper part shall be covered, if necessary, to
and indicating therein all streets and alleys in populous preserve the secrecy of the ballot. Each booth shall have
areas and the location of each polling place. in the background a shelf so placed that voters can write
These maps shall be kept posted until after the therein while standing and shall be kept clearly lighted,
election, referendum or plebiscite. by artificial lights, if necessary, during the voting.
Section 152. Polling place. — A polling place is the The Commission shall post inside each voting booth
building or place where the board of election inspectors and elsewhere in the polling place on the day before the
conducts its proceedings and where the voters shall cast election, referendum and plebiscite a list containing the
their votes. names of all the candidates or the issues or questions to
be voted for, and shall at all times during the voting
Section 153. Designation of polling places. — The period keep such list posted in said places.
location of polling places designated in the preceding
regular election shall continue with such changes as the Section 159. Guard rails. -
Commission may find necessary, after notice to (a) In every polling place there shall be a guard rail
registered political parties and candidates in the political between the voting booths and the table for the board of
unit affected, if any, and hearing: Provided, That no election inspectors which shall have separate entrance
location shall be changed within forty-five days before a and exit. The booths shall be so arranged that they can be
regular election and thirty days before a special election accessible only by passing through the guard rail and by
or a referendum or plebiscite, except in case it is entering through its open side facing the table of the
destroyed or it cannot be used. board of election inspectors.
Section 154. Requirements for polling places. — (b) There shall also be a guard rail for the watchers
Each polling place shall be, as far as practicable, a ground between the place reserved for them and the table for
floor and shall be of sufficient size to admit and the board of election inspectors and at a distance of not
comfortably accommodate forty voters at one time more than fifty centimeters from the latter so that the
outside the guard rail for the board of election inspectors. watchers may see and read clearly during the counting of
The polling place shall be located within the territory of the contents of the ballots and see and count the votes
the precinct as centrally as possible with respect to the recorded by the board of election inspectors member on
residence of the voters therein and whenever possible, the corresponding tally sheets.
such location shall be along a public road. No designation (c) There shall also be, if possible, guard rails
of polling places shall be changed except upon written separating the table of the board of election inspectors



from the voters waiting for their turn to cast their votes, appointment shall state the precinct to which they are
with entrance and exit to give them orderly access to the assigned and the date of the appointment.
table and the booths during the voting. Section 165. Oath of the members of the board of
(d) The polling place shall be so arranged that the election inspectors. — The members of the board of
booths, the table, the ballot boxes and the whole polling election inspectors, whether permanent, substitute or
place, except what is being written within the booths, temporary, shall before assuming their office, take and
shall be in plain view of the board of election inspectors, sign an oath upon forms prepared by the Commission,
the watchers and other persons who may be within the before an officer authorized to administer oaths or, in his
polling place. absence, before any other member of the board of
Section 160. Ballot boxes. - election inspectors present, or in case no one is present,
they shall take it before any voter. The oaths shall be sent
(a) There shall be in each polling place on the day of immediately to the city or municipal treasurer.
the voting a ballot box one side of which shall be
transparent which shall be set in a manner visible to the Section 166. Qualification of members of the board
voting public containing two compartments, namely, the of election inspectors. — No person shall be appointed
compartment for valid ballots which is indicated by an chairman, member or substitute member of the board of
interior cover painted white and the compartment for election inspectors unless he is of good moral character
spoiled ballots which is indicated by an interior cover and irreproachable reputation, a registered voter of the
painted red. The boxes shall be uniform throughout the city or municipality, has never been convicted of any
Philippines and shall be solidly constructed and shall be election offense or of any other crime punishable by more
closed with three different locks as well as three than six months of imprisonment, or if he has pending
numbered security locks and such other safety devices as against him an information for any election offense. He
the Commission may prescribe in such a way that they must be able to speak and write English or the local
can not be opened except by means of three distinct keys dialect.
and by destroying such safety devices. Section 167. Disqualification. — No person shall serve
(b) In case of the destruction or disappearance of any as chairman or member of the board of election
ballot box on election day, the board of election inspectors if he is related within the fourth civil degree of
inspectors shall immediately report it to the city or consanguinity or affinity to any member of the board of
municipal treasurer who shall furnish another box or election inspectors or to any candidate to be voted for in
receptacle as equally adequate as possible. The election the polling place or his spouse.
registrar shall report the incident and the delivery of a Section 168. Powers of the board of election
new ballot box by the fastest means of communication inspectors. — The board of election inspectors shall have
on the same day to the Commission and to the provincial the following powers and functions:
election supervisor. a. Conduct the voting and counting of votes in their
Section 161. Tally boards. — At the beginning of the respective polling places;
counting, there shall be placed within the plain view of b. Act as deputies of the Commission in the
the board of election inspectors, watchers and the public, supervision and control of the election in the polling
a tally board where the names of all the registered places wherein they are assigned, to assure the holding of
candidates or the issues or questions to be voted upon the same in a free, orderly and honest manner; and
shall be written, and the poll clerk shall record thereon
the votes received by each of them as the chairman of the c. Perform such other functions prescribed by this
board of election inspectors reads the ballot. Code or by the rules and regulations promulgated by the
Commission.
Section 162. Furnishing of ballot boxes, forms,
stationeries and materials for election. — The Section 169. Voting privilege of members of board of
Commission shall prepare and furnish the ballot boxes, election inspectors. — Members of the board of election
forms, stationeries and materials necessary for the inspectors and their substitutes may vote in the polling
registration of voters and the holding of the election. place where they are assigned on election day: Provided,
That they are registered voters within the province, city or
The provincial, city and municipal treasurer shall have municipality where they are assigned: and Provided,
custody of such election paraphernalia, supplies and finally, That their voting in the polling places where they
materials as are entrusted to him under the law or rules are not registered voters be noted in the minutes of the
of the Commission and shall be responsible for their board of election inspectors.
preservation and storage, and for any loss, destruction,
impairment or damage of any election equipment, Section 170. Relief and substitution of members of
material or document in their possession furnished under the board of election inspectors. — Public school
this Code. teachers who are members of the board of election
inspectors shall not be relieved nor disqualified from
Section 163. Inspection of polling places. — Before acting as such members, except for cause and after due
the day of the election, referendum or plebiscite, the hearing.
Chairman of the Commission shall, through its authorized
representatives, see to it that all polling places are Any member of the board of election inspectors,
inspected and such omissions and defects as may be nominated by a political party, as well as his substitute
found corrected. The Commission shall keep the reports may at any time be relieved from office and substituted
on these inspections. 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
ARTICLE XIV BOARD OF ELECTION unlawful to prevent said person from, or disturb him in,
INSPECTORS the performance of the duties of the said office. A record
of each case of substitution shall be made, setting forth
Section 164. Composition and appointment of
therein the hour in which the replaced member has
board of election inspectors. — At least thirty days before
ceased in the office and the status of the work of the
the date when the voters list is to be prepare in
board of election inspectors. Said record shall be signed
accordance with this Code, in the case of a regular
by each member of the board of election inspectors
election or fifteen days before a special election, the
including the incoming and outgoing officers.
Commission shall, directly or through its duly authorized
representatives, constitute a board of election inspectors Section 171. Vacancy in the board of election
for each precinct to be composed of a chairman and a inspectors. — Every vacancy in the board of election
poll clerk who must be public school teachers, priority to inspectors shall be filled for the remaining period in the
be given to civil service eligibles, and two members, each manner hereinbefore prescribed.
representing the two accredited political parties. The



Section 172. Proceedings of the board of election related within the fourth civil degree of consanguinity or
inspectors. — The meetings of the board of election affinity to the chairman or any member of the board of
inspectors shall be public and shall be held only in the election inspectors in the polling place where he seeks
polling place authorized by the Commission. appointment as a watcher.
The board of election inspectors shall have full Each candidate, political party or coalition of political
authority to maintain order within the polling place and parties shall designate in every province, highly urbanized
its premises, to keep access thereto open and city or district in the Metropolitan Manila area, a
unobstructed, and to enforce obedience to its lawful representative authorized to appoint watchers, furnishing
orders. If any person shall refuse to obey lawful orders of the provincial election supervisor or the city election
the board of election inspectors, or shall conduct himself registrar, as the case may be, the names of such
in a disorderly manner in its presence or within its representatives. The provincial election supervisors shall
hearing and thereby interrupt or disturb its proceedings, furnish the municipal election registrars and election
the board of election inspectors may issue an order in registrars of component cities with the list of such
writing directing any peace officer to take such person representatives.
into custody until the adjournment of the meeting, but In the case of Metropolitan Manila, the designation of
such order shall not be executed as to prevent any person the persons authorized to appoint watchers shall be filed
so taken into custody from exercising his right to vote. with the Commission, which shall furnish the list of such
Such order shall be executed by any peace officer to representatives to the respective city and municipal
whom it may be delivered, but if none be present, by any election registrars.
other person deputized by the board of election
inspectors in writing. Section 179. Rights and duties of watchers. — Upon
entering the polling place, the watchers shall present and
Section 173. Prohibition of political activity. — No deliver to the chairman of the board of election
member of the board of election inspectors shall engage inspectors his appointment, and forthwith, his name shall
in any partisan political activity or take part in the election be recorded in the minutes with a notation under his
except to discharge his duties as such and to vote. signature that he is not disqualified under the second
Section 174. Functioning of the board of election paragraph of Section 178. The appointments of the
inspectors. — The board of election inspectors shall act watchers shall bear the personal signature or the
through its chairman, and shall decide without delay by facsimile signature of the candidate or the duly
majority vote all questions which may arise in the authorized representatives of the political party or
performance of its duties. coalition of political parties who appointed him or of
Section 175. Temporary vacancies. — If, at the time organizations authorized by the Commission under
of the meeting of the board of election inspectors, any Section 180. The watchers shall have the right to stay in
member is absent, or the office is still vacant, the the space reserved for them inside the polling place. They
members present shall call upon the substitute or the shall have the right to witness and inform themselves of
absent members to perform the duties of the latter; and, the proceedings of the board of election inspectors,
in case such substitute cannot be found, the members including its proceedings during the registration of
present shall appoint any non-partisan registered voter of voters, to take notes of what they may see or hear, to take
the polling place to temporarily fill said vacancy until the photographs of the proceedings and incidents, if any,
absent member appears or the vacancy is filled. In case during the counting of votes, as well as of election
there are two or more members present, they shall act returns, tally boards and ballot boxes, to file a protest
jointly: Provided, That if the absent member is one who against any irregularity or violation of law which they
has been proposed by an accredited political party, the believe may have been committed by the board of
representative of said political party or in his absence the election inspectors or by any of its members or by any
watchers belonging to said party shall designate a persons, to obtain from the board of election inspectors a
registered voter of the polling place to temporarily fill said certificate as to the filing of such protest and/or of the
vacancy: Provided, further, That in the event or refusal or resolution thereon, to read the ballots after they shall
failure of either representative or watchers of said political have been read by the chairman, as well as the election
party to make the designation, the members of the board returns after they shall have been completed and signed
of election inspectors present shall choose a non-partisan by the members of the board of election inspectors
registered voter of the polling place to fill the vacancy. without touching them, but they shall not speak to any
member of the board of election inspectors, or to any
Section 176. Temporary designation of members of voter, or among themselves, in such a manner as would
the board of election inspectors by watchers. — If at the distract the proceedings, and to be furnished with a
time the board of election inspectors must meet, all the certificate of the number of votes in words and figures
positions in the board of election inspectors are vacant, or cast for each candidate, duly signed and thumbmarked
if not one of the appointed members shall appear, the by the chairman and all the members of the board of
watchers present may designate voters of the polling election inspectors. Refusal of the chairman and the
place to act in the place of said members until the members of the board of election inspectors to sign and
absentees shall appear or the vacancies are filled. furnish such certificate shall constitute an election
Section 177. Arrest of absent members. — The offense and shall be penalized under this Code.
member or members of the board of election inspectors Section 180. Other watchers. — The duly accredited
present may order the arrest of any other member or citizens arm of the Commission shall be entitled to
substitute thereof, who in their judgment, has absented appoint a watcher in every polling place. Other civic,
himself with intention of obstructing the performance of religious, professional, business, service, youth and any
duties of the board of election inspectors. other similar organizations, with prior authority of the
Commission, shall be entitled collectively to appoint one
ARTICLE XV WATCHERS watcher in every polling place.
Section 178. Official watchers of candidates. —

Every registered political party, coalition of political ARTICLE XVI OFFICIAL BALLOTS AND
parties and every independent candidate shall each be ELECTION RETURNS
entitled to one watcher in every polling place.
Section 181. Official ballots. — Ballots for national
No person shall be appointed watcher unless he is a and local offices shall be of uniform size and color and
qualified voter of the city or municipality, of good shall be provided at public expense. They shall be printed
reputation and shall not have been convicted by final on paper with watermarks or other marks that will readily
judgment of any election offense or of any other crime, distinguish the ballot paper from ordinary paper. Each
must know how to read and write Pilipino, English, ballot shall be in the shape of a strip with stub and
Spanish or any of the prevailing local dialects, and not



detachable coupon containing the serial number of the the returns are clearly reproduced on the other copies
ballot, and a space for the thumbmark of the voter on the thereof and shall bear the name of the city or
detachable coupon. It shall bear at the top on the middle municipality in which the returns are to be used. For this
portion thereof the coat of arms of the Republic of the purposes, the Commission shall acquire, if necessary, a
Philippines, the words "Official Ballot", the name of the special kind of carbon paper or chemically treated paper.
city or the municipality and province in which the Section 185. Official Sample ballots. — The
election is held, the date of the election, and the following Commission shall provide the board of election inspectors
notice: "Fill out this ballot secretly inside the voting booth. with official sample ballots at the rate of thirty (30) ballots
Do not put any distinctive mark on any part of this ballot." per polling place. The official sample ballots shall be
The ballot shall also contain the names of all the printed on colored paper, in all respects like the official
offices to be voted for in the election, allowing opposite ballots but bearing instead the words 'Official Sample
the name of each office, sufficient space or spaces with Ballot' to be shown to the public and used in
horizontal lines where the voter may write the name or demonstrating how to fill out and fold the official ballots
names of the individual candidates voted for by him. properly. No name of any actual candidate shall be
There shall not be anything on the reverse side of the written on the spaces for voting on the official sample
ballot. ballots provided by the Commission, nor shall they be
used for voting.
Ballots in cities and municipalities where Arabic is of
general use shall have each of the titles of offices to be At least thirty (30) days before an election, it shall be
voted printed in Arabic in addition to and immediately the duty of the Commission on Elections to furnish every
below the English title. registered voter through registered mail with return card,
personal service with corresponding receipt to be signed
Notwithstanding the preceding provisions of this by the voter or any person who knows the voter, or any
section, the Commission is hereby empowered to other practicable means with an unfilled official sample
prescribe a different form of ballot to facilitate voting by ballot, voter information sheet, and a list of all registered
illiterate voters and to use or adopt the latest national, provincial and city candidate to be voted in the
technological and electronic devices as authorized under said election. The information sheet shall include the
paragraph (i) of Section 52 hereof. voter's name, address, the precinct and the place where
Section 182. Emergency ballots. — No ballots other he is registered, and simplified instructions as to the
than the official ballots shall be used or counted, except casting of votes. The names of the candidates shall be
in the event of failure to receive the official ballots on listed in alphabetical order under their respective party
time, or where there are no sufficient ballots for all affiliation and a one-line statement not to exceed three
registered voters or where they are destroyed at such (3) words of their occupation or profession: Provided,
time as shall render it impossible to provide other official however, That in the printing of the names of the
ballots, in which cases the city or municipal treasurer shall candidates for national offices, the alphabetical order
provide other ballots which shall be as similar to the shall be democratized so that the listed names shall be
official ones as circumstances will permit and which shall made in three (3) columns: the first column shall
be uniform within each polling place. The treasurer shall commence with the letter A and end with the letter Z; the
immediately report such action to the Commission. second column shall commence with the letters 'I — Z'
and thereafter — 'A — H' and the third column shall
The municipal treasurer shall not undertake the commence with the letters 'Q — Z' and thereafter 'A — P'.
preparation of the emergency ballots unless the political These information may be contained in a single sheet or
parties, candidates and the organizations collectively booklet form, and the number and location of the voters'
authorized by the Commission to designate watchers polling place shall be prominently indicated therein.
have been sufficiently notified to send their Persons nominated under the party-list system likewise
representatives and have agreed in writing to the be included in the abovementioned list. (as amended by
preparation and use of emergency ballots. RA No 7904)
Section 183. Requisition of official ballots and Section 186. Distribution of official ballots and
election returns. — Official ballots and election returns election returns. — The official ballots and the election
shall be printed upon orders of the Commission. returns shall be distributed by the Commission to each
Requisition of official ballots shall be for each city and city and municipality at the rate of one and one-fifth
municipality, at the rate of one and one-fifth ballots for ballots for every voter registered in each polling place;
every registered voter in the next preceding election; and and for election returns, at the rate of one set each for
for election returns, at one set thereof for every polling every polling place.
place.
The provincial, city or municipal treasurer shall
Section 184. Printing of official ballots and elections respectively keep a record of the quantity and serial
returns. — The official ballots and election returns shall numbers of official ballots and election returns furnished
be printed by the Government Printing Office and/or the the various provinces, cities, municipalities and polling
Central Bank printing facilities exclusively, under the places, as the case may be, legible copies of which record
exclusive supervision and control of the Commission shall be furnished the duly authorized provincial, city or
which shall determine and provide the necessary security municipal representatives of the ruling party and the
measures in the printing, storage and distribution dominant opposition party, and the Commission
thereof. immediately after the distribution is made of such official
Each ballot shall be joined by a perforated line to a ballots and election returns.
stub numbered consecutively, beginning with number "1" The Commission shall prescribe the use of official
in each city and municipality. Each ballot shall also have delivery receipts to be signed by the election registrar
at the bottom a detachable coupon bearing the same and the chairman of the board of canvassers upon receipt
number of the stub. Each pad of ballots shall bear on its of the election returns.
cover the name of the city or municipality in which the
ballots are to be used and the inclusive serial numbers of No official ballots or election returns shall be
the ballots contained therein. delivered to the board of election inspectors earlier than
the first hour of election day: Provided, however, That the
The official ballots shall be bound in separate pads of Commission, after written notice to the registered
fifty or one hundred ballots each as may be required. political parties and the candidates, may, for justifiable
The election returns shall be prepared in sets of six reasons, authorize the delivery of said official ballots and
copies per set and shall be numbered consecutively, election returns to the board of election inspectors of any
beginning with number "1" in each city and municipality. particular polling place at an earlier date.
Each set of the election returns shall be printed in such a Section 187. Committee on printing, storage, and
manner that will ensure that the entries on the original of distribution of official ballots and election returns. —



The Commission shall appoint a committee of five present and being empty, lock its interior covers with
members, two of whom shall be from among its three padlocks.
personnel, the third to be designated by the Commission (c) The chairman shall forthwith show to the public
on Audit, and the last two to be designated by the ruling and the watchers present the package of official ballots
party and the dominant opposition party to act as its received from the city, or municipal treasurer duly
representatives in supervising the printing, storage and wrapped and sealed and the number of pads, the serial
distribution of official ballots and election returns. numbers and the type forms of the ballots in each pad
Upon the request of any candidate, political party or appearing on the cover, and the book of voters duly
of civic, religious, professional, business, service, youth or sealed. The board of election inspectors shall then break
any similar organizations collectively designated by the the seals of the package of official ballots and the book of
Commission, the latter shall allow any person designated voters. The board of election inspectors shall enter in the
by any of the former as watcher to observe the minutes the fact that the package of ballots, and the
proceedings of the committee on the printing of official book of voters were shown to the public with their
ballots and election returns, file objections, if any, witness wrapping and corresponding seals intact and/or if they
the printing and distribution of the ballots and the find that the wrapping and seals are broken, such fact
returns and guard the premises of the printer. must be stated in the minutes as well as the number of
Section 188. Duties of the committee on printing of pads and the serial numbers of ballots that they find in
official ballots and election returns. — Under such the package.
orders or instructions as the Commission may issue, and Ballots with separately printed serial numbers shall
in addition to general supervision and control over the be deemed spurious and shall not be utilized by the
printing and shipment of official ballots and election board of election inspectors unless the Commission
returns, the committee on printing of official ballots and representative shall order their use in writing, stating the
election returns shall (a) take charge of the room or reasons therefor.
rooms where the paper and paraphernalia used in the (d) The chairman and the two party members of the
printing of official ballots and election returns are stored board of election inspectors shall retain in their
and where printed official ballots and election returns are possession their respective keys to the padlocks during
packed and prepared for shipment, (b) supervise all the voting.
aspects relating to the printing, storage and shipment of
official ballots and election returns and report to the (e) The box shall remain locked until the voting is
Commission any irregularity which they believe may have finished and the counting begins. However, if it should
been committed, and (c) perform such other related become necessary to make room for more ballots, the
functions as the Commission may direct. board of election inspectors may open the box in the
presence of the whole board of election inspectors and
Section 189. Representatives of the registered the watchers, and the chairman shall press down with his
political parties in the verification and distribution of hands the ballots contained therein without removing
official ballots and election returns. — The ruling party any of them, after which the board of election inspectors
and the dominant opposition party or their respective shall close the box and lock it with three padlocks as
duly authorized representatives in the different provinces, hereinbefore provided.
cities and municipalities, shall submit the names of their
respective watchers who, together with the Section 192. Persons allowed in and around the
representatives of the Commission and the provincial, city polling place. — During the voting, no person shall be
and municipal treasurer shall verify the contents of the allowed inside the polling place, except the members of
boxes containing the shipment of official ballots, election the board of election inspectors, the watchers, the
returns and sample official ballots received by the said representatives of the Commission, the voters casting
treasurers. The provincial treasurers shall keep a record of their votes, the voters waiting for their turn to get inside
their receipt and distribution to each municipal treasurer, the booths whose number shall not exceed twice the
while the city and municipal treasurer shall each keep a number of booths and the voters waiting for their turn to
record of their distribution to the board of election cast their votes whose number shall not exceed twenty at
inspectors. any one time. The watchers shall stay only in the space
reserved for them, it being illegal for them to enter places
reserved for the voters or for the board of election
ARTICLE XVII CASTING OF VOTES inspectors or to mingle and talk with the voters within
Section 190. Voting hours. — The casting of votes the polling place.
shall start at seven o'clock in the morning and shall end It shall be unlawful for any officer or member of the
at three o'clock in the afternoon, except when there are Armed Forces of the Philippines including the Philippine
voters present within thirty meters in front of the polling Constabulary or the Integrated National Police or peace
place who have not yet cast their votes, in which case the officer or any armed person belonging to any extra-legal
voting shall continue but only to allow said voters to cast police agency, special forces, reaction forces, strike forces,
their votes without interruption. The poll clerk shall, home defense units, barangay tanod, or other similar
without delay, prepare a complete list containing the forces or para-military forces, including special forces,
names of said voters consecutively numbered, and the security guards, special policeman, and all other kinds of
voters so listed shall be called to vote by announcing each armed or unarmed extra-legal police officers, to enter any
name repeatedly three times in the order in which they polling place, unless it is his polling place where he will
are listed. Any voter in the list who is not present when his vote but in such case he should immediately leave the
name is called out shall not be permitted to vote. polling place, no policeman or peace officer shall be
Section 191. Preliminaries to the voting. - allowed to enter or stay inside the polling place except
when there is an actual disturbance of the peace and
(a) The board of election inspectors shall meet at the
order therein. However, the board of election inspectors
polling place at six-thirty o'clock in the morning of
upon majority vote, if it deems necessary, may make a call
election day and shall have the book of voters containing
in writing, duly entered in the minutes, for the detail of a
all the approved applications of registration of voters
policeman or any peace officer for their protection or for
pertaining to the polling place, the certified list of voters,
the protection of the election documents and
the certified list of candidates, the ballot box, the official
paraphernalia, in which case, the said policeman or peace
ballots, sufficient indelible pencils or ball pens for the use
officer shall stay outside the polling place within a radius
of the voters, the forms to be used, and all other materials
of thirty meters near enough to be easily called by the
which may be necessary.
board of election inspectors at any time, but never at the
(b) Immediately thereafter, the chairman of the board door, and in no case shall the said policeman or peace
of election inspectors shall open the ballot box, empty officer hold any conversation with any voter or disturb or
both of its compartments, exhibit them to all those prevent or in any manner obstruct the free access of the



voters to the polling place. It shall likewise be unlawful for cannot lawfully be used, he shall surrender if folded to the
any barangay official to enter and stay inside any polling chairman who shall note in the corresponding space in
place except to vote or except when serving as a watcher the voting record that said ballot is spoiled. The voter shall
or member of the board of election inspectors, in which then be entitled to another ballot which the chairman
case, he shall leave the polling place immediately after shall give him after announcing the serial number of the
voting. second ballot and recording said serial number in the
Section 193. Order of voting. — The voters shall vote corresponding spaces in the voting record. If the second
in the order of their entrance into the polling place. The ballot is again spoiled or defaced in such a way that it
voters shall have the right to freely enter the polling place cannot lawfully be used, the same shall be surrendered to
as soon as they arrive unless there are voters waiting the chairman and recorded in the same manner as the
inside, in which case they shall fall in line in the order of first spoiled or defaced ballot. However, no voter shall
their arrival and shall not crowd around the table of the change his ballot more than twice.
board of election inspectors. The voters after having cast The spoiled ballot shall, without being unfolded and
their votes shall immediately depart. without removing the detachable coupon, be distinctly
Section 194. Manner of obtaining ballots. — The marked with the word "spoiled" and signed by the board
voter shall approach the chairman and shall give his of election inspectors on the endorsement fold thereof
name and address together with other data concerning and immediately placed in the compartment for spoiled
his person. In case any member of the board of election ballots.
inspectors doubts the identity of the voter, the board of Section 198. Voting. -
election inspectors shall check his voter's identification (a) After the voter has filled his ballot he shall fold it in
card or, if he does not have any, the board of election the same manner as when he received it and return it to
inspectors shall refer to his photograph and signature in the chairman.
the voter's application for registration. If the board of
election inspectors is satisfied with his identity, the (b) In the presence of all the members of the board of
chairman shall distinctly announce the voter's name in a election inspectors, he shall affix his thumbmark on the
tone loud enough to be plainly heard throughout the corresponding space in the coupon, and deliver the
polling place. If such voter has not been challenged, or if folded ballot to the chairman.
having been challenged, the question has been decided (c) The chairman, in the presence and view of the
in his favor, the voter shall forthwith affix his signature in voter and all the members of the board of election
the proper space in the voting record, and the chairman inspectors, without unfolding the ballot or seeing its
shall, after first entering the number of the ballot in the contents, shall verify its number from the voting record
corresponding space of the voting record, deliver to the where it was previously entered.
voter one ballot correctly folded. No person other than
the chairman shall deliver official ballots nor shall more (d) The voter shall forthwith affix his thumbmark by
than one ballot be delivered at one time. the side of his signature in the space intended for that
purpose in the voting record and the chairman shall
Section 195. Manner of preparing the ballot. — The apply silver nitrate and coomassie blue on the right
voter, upon receiving his folded ballot, shall forthwith forefinger nail or on any other available fingernail, if there
proceed to one of the empty voting booths and shall be no forefinger nail.
there fill his ballot by writing in the proper space for each
office the name of the individual candidate for whom he (e) The chairman shall sign in the proper space beside
desires to vote. the thumbmark of the voter.
No voter shall be allowed to enter a booth occupied (f) The chairman, after finding everything to be in
by another, nor enter the same accompanied by order, shall then detach the coupon in the presence of
somebody, except as provided for in the succeeding the board of election inspectors and of the voter and shall
section hereof, nor stay therein for a longer time than deposit the folded ballot in the compartment for valid
necessary, nor speak with anyone other than as herein ballots, and the detached coupon in the compartment for
provided while inside the polling place. It shall be spoiled ballots.
unlawful to prepare the ballot outside the voting booth, (g) The voter shall then depart.
or to exhibit its contents to any person, or to erase any
printing from the ballot, or to intentionally tear or deface Any ballot returned to the chairman whose
the same or put thereon any distinguishing mark. It shall detachable coupon has been removed not in the
likewise be unlawful to use carbon paper, paraffin paper, presence of the board of election inspectors and of the
or other means for making a copy of the contents of the voter, or any ballot whose number does not coincide with
ballot or make use of any other means to identify the vote the number of the ballot delivered to the voter, as entered
of the voter. in the voting record, shall be considered as spoiled and
shall be so marked and signed by the members of the
Section 196. Preparation of ballots for illiterate and board of election inspectors.
disabled persons. — A voter who is illiterate or physically
unable to prepare the ballot by himself may be assisted in Section 199. Challenge of illegal voters. -
the preparation of his ballot by a relative, by affinity or (a) Any voter, or watcher may challenge any person
consanguinity within the fourth civil degree or if he has offering to vote for not being registered, for using the
none, by any person of his confidence who belong to the name of another or suffering from existing
same household or any member of the board of election disqualification. In such case, the board of election
inspectors, except the two party members: Provided, That inspectors shall satisfy itself as to whether or not the
no voter shall be allowed to vote as illiterate or physically ground for the challenge is true by requiring proof of
disabled unless it is so indicated in his registration record: registration or the identity of the voter; and
Provided, further, That in no case shall an assistor assist (b) No voter shall be required to present his voter's
more than three times except the non-party members of affidavit on election day unless his identity is challenged.
the board of election inspectors. The person thus chosen His failure or inability to produce his voter's affidavit upon
shall prepare the ballot for the illiterate or disabled voter being challenged, shall not preclude him from voting if
inside the voting booth. The person assisting shall bind his identity be shown from the photograph, fingerprints,
himself in a formal document under oath to fill out the or specimen signatures in his approved application in the
ballot strictly in accordance with the instructions of the book of voters or if he is identified under oath by a
voter and not to reveal the contents of the ballot prepared member of the board of election inspectors and such
by him. Violation of this provision shall constitute an identification shall be reflected in the minutes of the
election offense. board.
Section 197. Spoiled ballots. — If a voter should Section 200. Challenge based on certain illegal
accidentally spoil or deface a ballot in such a way that it acts. — Any voter or watcher may challenge any voter



offering to vote on the ground that the challenged Section 204. Disposition of unused ballots at the
person has received or expects to receive, has paid, close of the voting hours. — The chairman of the board
offered or promised to pay, has contributed, offered or of election inspectors shall prepare a list showing the
promised to contribute money or anything of value as number of unused ballots together with the serial
consideration for his vote or for the vote of another; that numbers. This list shall be signed by all the members of
he has made or received a promise to influence the the board of election inspectors, after which all the
giving or withholding of any such vote or that he has unused ballots shall be torn halfway in the presence of
made a bet or is interested directly or indirectly in a bet the members of the board of election inspectors.
which depends upon the result of the election. The Section 205. Prohibition of premature
challenged person shall take a prescribed oath before the announcement of voting. — No member of the board of
board of election inspectors that he has not committed election inspectors shall, before the termination of the
any of the acts alleged in the challenge. Upon the taking voting, make any announcement as to whether a certain
of such oath, the challenge shall be dismissed and the registered voter has already voted or not, as to how many
challenged voter shall be allowed to vote, but in case of have already voted or how many so far have failed to vote,
his refusal to take such oath, the challenge shall be or any other fact tending to show or showing the state of
sustained and he shall not be allowed to vote. the polls, nor shall he make any statement at any time,
Section 201. Admission of challenged vote except as witness before a court, as to how any person
immaterial in criminal proceedings. — The admission of voted.
the challenged vote under the two preceding sections
shall not be conclusive upon any court as to the legality of
the registration of the voter challenged or his vote in a
criminal action against such person for illegal registration ARTICLE XVIII COUNTING OF VOTES
or voting. Section 206. Counting to be public and without
Section 202. Record of challenges and oaths. — The interruption. — As soon as the voting is finished, the
poll clerk shall keep a prescribed record of challenges and board of election inspectors shall publicly count in the
oaths taken in connection therewith and the resolution of polling place the votes cast and ascertain the results. The
the board of election inspectors in each case and, upon board may rearrange the physical set up of the polling
the termination of the voting, shall certify that it contains place for the counting or perform any other activity with
all the challenges made. The original of this record shall respect to the transition from voting counting. However,
be attached to the original copy of the minutes of the it may do so only in the presence of the watchers and
voting as provided in the succeeding section. within close view of the public. At all times, the ballot
boxes and all election documents and paraphernalia shall
Section 203. Minutes of voting and counting of
be within close view of the watchers and the public.
votes. — The board of election inspectors shall prepare
and sign a statement in four copies setting forth the The board of election inspectors shall not adjourn or
following: postpone or delay the count until it has been fully
completed, unless otherwise ordered by the Commission.
1. The time the voting commenced and ended;
The Commission, in the interest of free, orderly, and
2. The serial numbers of the official ballots and
honest election, may authorize the board of election
election returns, special envelopes and seals received;
inspectors to count the votes and to accomplish the
3. The number of official ballots used and the number election return and other forms prescribed under the
left unused; code in any other place within a public building in the
4. The number of voters who cast their votes; same municipality or city on account of imminent danger
of widespread violence or similar causes of comparable
5. The number of voters challenged during the voting; magnitude: Provided, That the transfer shall been
6. The names of the watchers present; recommended in writing by the board of election
inspectors by unanimous vote and endorsed in writing by
7. The time the counting of votes commenced and the majority of watchers present: Provided, further, that
ended; the said public building shall not located within the
8. The number of official ballots found inside the perimeter of or inside a military or police camp,
compartment for valid ballots; reservation, headquarters, detachment or field office nor
within the premises of a prison or detention bureau or
9. The number of valid ballots, if any, retrieved from
any law enforcement or investigation agency.
the compartment for spoiled ballots;
Any violation of this section, or its pertinent portion,
10. The number of ballots, if any, found folded
shall constitute an election offense and shall be penalized
together;
in accordance with Batas Pambansa Blg. 881. (as
11. The number of spoiled ballots withdrawn from the amended by RA No 9369)
compartment for valid ballots;
Section 207. Excess ballots. — Before proceeding to
12. The number of excess ballots; count the votes the board of election inspectors shall
13. The number of marked ballots; count the ballots in the compartment for valid ballots
without unfolding them or exposing their contents,
14. The number of ballots read and counted; except so far as to ascertain that each ballot is single, and
15. The time the election returns were signed and compare the number of ballots in the box with the
sealed in their respective special envelopes; number of voters who have voted. If there are excess
ballots, they shall be returned in the box and thoroughly
16. The number and nature of protests made by mixed therein, and the poll clerk, without seeing the
watchers; and ballots and with his back to the box, shall publicly draw
17. Such other matters that the Commission may out as may ballots as may be equal to the excess and
require. without unfolding them, place them in an envelope
which shall be marked "excess ballots" and which shall be
Copies of this statement after being duly
sealed and signed by the members of the board of
accomplished shall be sealed in separate envelopes and
election inspectors. The envelope shall be placed in the
shall be distributed as follows: (a) the original to the city or
compartment for valid ballots, but its contents shall not
municipal election registrar; (b) the second copy to be
be read in the counting of votes. If in the course of the
deposited inside the compartment for valid ballots of the
examination ballots are found folded together before
ballot box; and (c) the third and fourth copies to the
they were deposited in the box, they shall be placed in
representatives of the accredited political parties.
the envelope for excess ballots. In case ballots with their
detachable coupons be found in the box, such coupons



shall be removed and deposited in the compartment for election inspectors shall not be changed or destroyed but
spoiled ballots, and the ballots shall be included in the file shall be kept in the compartment for valid ballots.
of valid ballots. If ballots with the words "spoiled" be Section 211. Rules for the appreciation of ballots. —
found in the box, such ballots shall likewise be placed in In the reading and appreciation of ballots, every ballot
the compartment for spoiled ballots. shall be presumed to be valid unless there is clear and
Section 208. Marked ballots. — The board of election good reason to justify its rejection. The board of election
inspectors shall then unfold the ballots and determine inspectors shall observe the following rules, bearing in
whether there are any marked ballots, and, if any be mind that the object of the election is to obtain the
found, they shall be placed in an envelope labelled expression of the voter's will:
"marked ballots" which shall be sealed and signed by the 1. Where only the first name of a candidate or only his
members of the board of election inspectors and placed surname is written, the vote for such candidate is valid, if
in the compartment for valid ballots and shall not be there is no other candidate with the same first name or
counted. A majority vote of the board of election surname for the same office.
inspectors shall be sufficient to determine whether any
ballot is marked or not. Non-official ballots which the 2. Where only the first name of a candidate is written
board of election inspectors may find, except those which on the ballot, which when read, has a sound similar to the
have been used as emergency ballots, shall be considered surname of another candidate, the vote shall be counted
as marked ballots. in favor of the candidate with such surname. If there are
two or more candidates with the same full name, first
Section 209. Compartment for spoiled ballots. — name or surname and one of them is the incumbent, and
The ballots deposited in the compartment for spoiled on the ballot is written only such full name, first name or
ballots shall be presumed to be spoiled ballots, whether surname, the vote shall be counted in favor of the
or not they contain such notation; but if the board of incumbent.
election inspectors should find that during the voting any
valid ballot was erroneously deposited in this 3. In case the candidate is a woman who uses her
compartment, or if any ballot separated as excess or maiden or married surname or both and there is another
marked had been erroneously deposited therein, the candidate with the same surname, a ballot bearing only
board of election inspectors shall open said compartment such surname shall be counted in favor of the candidate
after the voting and before the counting of votes for the who is an incumbent.
sole purpose of drawing out the ballots erroneously 4. When two or more words are written on the same
deposited therein. It shall then prepare and sign a line on the ballot, all of which are the surnames of two or
statement of such fact and lock the box with its three more candidates, the same shall not be counted for any
keys immediately thereafter. The valid ballots so of them, unless one is a surname of an incumbent who
withdrawn shall be mixed with the other valid ballots, and has served for at least one year in which case it shall be
the excess or marked ballots shall be placed in their counted in favor of the latter.
proper envelopes which shall for such purposes be
opened and again labelled, sealed, signed and kept as When two or more words are written on different
hereinafter provided. lines on the ballot all of which are the surnames of two or
more candidates bearing the same surname for an office
Section 210. Manner of counting votes. — The for which the law authorizes the election of more than
counting of votes shall be made in the following manner: one and there are the same number of such surnames
the board of election inspectors shall unfold the ballots written as there are candidates with that surname, the
and form separate piles of one hundred ballots each, vote shall be counted in favor of all the candidates
which shall be held together with rubber bands, with bearing the surname.
cardboard of the size of the ballots to serve as folders. The
chairman of the board of election inspectors shall take 5. When on the ballot is written a single word which is
the ballots of the first pile one by one and read the names the first name of a candidate and which is at the same
of candidates voted for and the offices for which they time the surname of his opponent, the vote shall be
were voted in the order in which they appear thereon, counted in favor of the latter.
assuming such a position as to enable all of the watchers 6. When two words are written on the ballot, one of
to read such names. The chairman shall sign and affix his which is the first name of the candidate and the other is
right hand thumbmark at the back of the ballot the surname of his opponent, the vote shall not be
immediately after it is counted. The poll clerk, and the counted for either.
third member, respectively, shall record on the election
returns and the tally board or sheet each vote as the 7. A name or surname incorrectly written which,
names voted for each office are read. when read, has a sound similar to the name or surname
of a candidate when correctly written shall be counted in
Each vote shall be recorded by a vertical line, except his favor;
every fifth vote which shall be recorded by a diagonal line
crossing the previous four vertical lines. One party 8. When a name of a candidate appears in a space of
member shall see to it that the chairman reads the vote the ballot for an office for which he is a candidate and in
as written on the ballot, and the other shall check the another space for which he is not a candidate, it shall be
recording of the votes on the tally board or sheet and the counted in his favor for the office for which he is a
election returns seeing to it that the same are correctly candidate and the vote for the office for which he is not a
accomplished. After finishing the first pile of ballots, the candidate shall be considered as stray, except when it is
board of election inspectors shall determine the total used as a means to identify the voter, in which case, the
number of votes recorded for each candidate, the sum whole ballot shall be void.
being noted on the tally board or sheet and on the If the word or words written on the appropriate blank
election returns. In case of discrepancy such recount as on the ballot is the identical name or surname or full
may be necessary shall be made. The ballots shall then be name, as the case may be, of two or more candidates for
grouped together again as before the reading. Thereafter, the same office none of whom is an incumbent, the vote
the same procedure shall be followed with the second shall be counted in favor of that candidate to whose ticket
pile of ballots and so on successively. After all the ballots belong all the other candidates voted for in the same
have been read, the board of election inspectors shall ballot for the same constituency.
sum up the totals recorded for each candidate, and the 9. When in a space in the ballot there appears a name
aggregate sum shall be recorded both on the tally board of a candidate that is erased and another clearly written,
or sheet and on the election returns. It shall then place the vote is valid for the latter.
the counted ballots in an envelope provided for the
purpose, which shall be closed signed and deposited in 10. The erroneous initial of the first name which
the compartment for valid ballots. The tally board or accompanies the correct surname of a candidate, the
sheet as accomplished and certified by the board of erroneous initial of the surname accompanying the



correct first name of a candidate, or the erroneous middle stray and shall not be counted but it shall not invalidate
initial of the candidate shall not annul the vote in favor of the ballot.
the latter. 25. Ballots wholly written in Arabic in localities where
11. The fact that there exists another person who is not it is of general use are valid. To read them, the board of
a candidate with the first name or surname of a election inspectors may employ an interpreter who shall
candidate shall not prevent the adjudication of the vote take an oath that he shall read the votes correctly.
of the latter. 26. The accidental tearing or perforation of a ballot
12. Ballots which contain prefixes such as "Sr.", "Mr.", does not annul it.
"Datu", "Don", "Ginoo", "Hon.", "Gob." or suffixes like "Hijo", 27. Failure to remove the detachable coupon from a
"Jr.", "Segundo", are valid. ballot does not annul such ballot.
13. The use of the nicknames and appellations of 28. A vote for the President shall also be a vote for the
affection and friendship, if accompanied by the first Vice-President running under the same ticket of a
name or surname of the candidate, does not annul such political party, unless the voter votes for a Vice-President
vote, except when they were used as a means to identify who does not belong to such party.
the voter, in which case the whole ballot is invalid:
Provided, That if the nickname used is unaccompanied by Section 212. Election returns. — The board of election
the name or surname of a candidate and it is the one by inspectors shall prepare the election returns
which he is generally or popularly known in the locality, simultaneously with the counting of votes in the polling
the name shall be counted in favor of said candidate, if places as prescribe in Section 210 hereof. The recording of
there is no other candidate for the same office with the vote shall be made as prescribed in said section. The
same nickname. entry of votes in words and figures for each candidate
shall be closed with the signature and the clear imprint of
14. Any vote containing initials only or which is the thumbmark of the right hand of all the members,
illegible or which does not sufficiently identify the likewise to be affixed in full view of the public,
candidate for whom it is intended shall be considered as immediately after the last vote recorded or immediately
a stray vote but shall not invalidate the whole ballot. after the name of the candidate who did not receive any
15. If on the ballot is correctly written the first name of vote.
a candidate but with a different surname, or the surname The returns shall also show the date of the election,
of the candidate is correctly written but with different the polling place, the barangay and the city or
first name, the vote shall not be counted in favor of any municipality in which it was held, the total number of
candidate having such first name and/or surname but ballots found in the compartment for valid ballots, the
the ballot shall be considered valid for other candidates. total number of valid ballots withdrawn from the
16. Any ballot written with crayon, lead pencil, or in compartment for spoiled ballots because they were
ink, wholly or in part, shall be valid. erroneously placed therein, the total number of excess
17. Where there are two or more candidates voted for ballots, the total number of marked or void ballots, and
in an office for which the law authorizes the election of the total numbers of votes obtained by each candidate,
only one, the vote shall not be counted in favor of any of writing out the said number in words and figures and, at
them, but this shall not affect the validity of the other the end thereof, the board of election inspectors shall
votes therein. certify that the contents are correct. The returns shall be
accomplished in a single sheet of paper, but if this is not
18. If the candidates voted for exceed the number of possible, additional sheets may be used which shall be
those to be elected, the ballot is valid, but the votes shall prepared in the same manner as the first sheet and
be counted only in favor of the candidates whose names likewise certified by the board of election inspectors.
were firstly written by the voter within the spaces
provided for said office in the ballot until the authorized The commission shall take steps so that the entries
number is covered. on the first copy of the election returns are clearly
reproduced on the second, third, fourth, fifth, sixth copies
19. Any vote in favor of a person who has not filed a thereof, and for the purpose this Commission shall use a
certificate of candidacy or in favor of a candidate for an special kind of paper.
office for which he did not present himself shall be
considered as a stray vote but it shall not invalidate the Immediately upon the accomplishment of the
whole ballot. election return for national position, the poll clerk shall
announce the posting of the second copy of the election
20. Ballots containing the name of a candidate return on a wall with sufficient lighting within the
printed and pasted on a blank space of the ballot or premises of the polling place or counting center. He shall
affixed thereto through any mechanical process are then proceed to do the same in the presence of the other
totally null and void. members of the Board, the watchers and those present in
21. Circles, crosses or lines put on the spaces on which the polling place or counting center. Without delay and,
the voter has not voted shall be considered as signs to when feasible, he shall secure an image of the election
indicate his desistance from voting and shall not return using a secured data capturing device and
invalidate the ballot. immediately thereafter, while in the premises of the
polling place or counting center, directly print thirty (30)
22. Unless it should clearly appear that they have copies of the election return. Once the prints have been
been deliberately put by the voter to serve as produced, the poll clerk shall call the other members of
identification marks, commas, dots, lines, or hyphens the board to authenticate each print copy by closely
between the first name and surname of a candidate, or in comparing the same with the election return posted on
other parts of the ballot, traces of the letter "T", "J", and the wall in the presence of the watchers and within view
other similar ones, the first letters or syllables of names of the public. If the Board finds each print a faithful
which the voter does not continue, the use of two or more reproduction of the election return, all members thereof
kinds of writing and unintentional or accidental shall annotate and sign a certification to that effect on
flourishes, strokes, or strains, shall not invalidate the the bottom front of the print.
ballot.
Each certified printed copy shall be placed in an
23. Any ballot which clearly appears to have been envelope and distributed as herein provided. Designated
filled by two distinct persons before it was deposited in recipients of the certified print copies may receive their
the ballot box during the voting is totally null and void. copies at the polling place or counting center.
24. Any vote cast in favor of a candidate who has been Immediately upon the accomplishment of the
disqualified by final judgment shall be considered as election returns for local position, the second copy of the


same shall be posted on a wall with sufficient lighting copy for submission to the provincial election supervisor,
within the premises of the polling place. and forward the other copy to the Commission.
The other copies of election returns for both national (2) In the election for Members of the Batasang
and local position shall be sealed in the presence of the Pambansa: the original of the election returns shall be
watchers and the public, and placed in the proper delivered to the election registrar of the city or
envelope, which shall likewise be sealed and distributed municipality for transmittal to the chairman of the
as herein provided. provincial board of canvassers, and direct to the chairman
Any election return with a separately printed serial of the city or district board of canvassers in the urbanized
number or which bears a different serial number from cities and the districts of Metropolitan Manila, as the case
that assigned to the particular polling place concerned may be, for use in the canvass. The second copy shall
shall not be canvassed. This is to be determined by the likewise be delivered to the election registrar for
board canvassers prior to its canvassing on the basis of transmittal to the Commission. The third copy shall be
the certification of the provincial, city or municipal deposited in the compartment for valid ballots. The
treasurer as to the serial number of the election return fourth copy shall be delivered to the election registrar
assigned to said voting precinct, unless the Commission who shall use said copy in the tabulation of the advance
shall order in writing for its canvassing, stating the reason results of the election in the city or municipality. The fifth
for the variance in serial numbers. and sixth copies shall each respectively be delivered to
the members representing political parties represented
If the signatures and/or thumbmarks of the members in the board of election inspectors.
of the board of election inspectors or some of them as
required in this provision are missing in the election (3) In local elections: the original copy of the election
returns, the board of canvassers may summon the returns shall be delivered to the city or municipal board of
members of the board of election inspectors concerned canvassers as a body for its use in the city of municipal
to complete the returns. canvass. The second copy shall be delivered to the
election registrar of the city or municipality for transmittal
The citizen's arm is mandated to present for perusal to the provincial board of canvassers as a body for its use
its copy of the election return to the board of election in the provincial canvass. The third copy shall likewise be
canvassers upon the request of any interested candidate. delivered to the election registrar for transmittal to the
Any violation of this election or its pertinent portion, Commission. The fourth copy shall be deposited in the
shall constitute an election offense and shall be penalized compartment for valid ballots. The fifth and sixth copies
in accordance with Batas Pambansa Blg. 881. shall each respectively be delivered to the members
representing the political parties represented in the
In addition, the following shall likewise be guilty of an board of election inspectors.
election offense:
The Commission shall promulgate rules for the
(a) Any Person who removes the election return speedy and safe delivery of the election returns.
posted on the wall, whether within or after the prescribed
forty-eight (48) hours of posting, or defaces the same in Section 215. Board of election inspectors to issue a
any manner; certificate of the number of votes polled by the
candidates for an office to the watchers. — After the
(b) Any person who simulates an actual election announcement of the results of the election and before
return, or a print or digital copy thereof; leaving the polling place, it shall be the duty of the board
(c) Any person who simulates the certification in a of election inspectors to issue a certificate of the number
print of an election return; of the votes received by a candidate upon request of the
watchers. All the members of the board of election
(d) The chairman or any member of the board of inspectors shall sign the certificate.
election inspectors who, during the prescribed period of
posting, removes the election return from the wall on Section 216. Alterations and corrections in the
which it had been posted other than for the purpose of election returns. — Any correction or alteration made in
immediately transferring it to a more suitable place; the election, returns by the board of election inspectors
before the announcement of the results of the election in
(e) The chairman or any member of the board of the polling place shall be duly initialed by all the
election inspectors who signs or authenticates a print of members thereof.
the election return outside of the polling place; and
After the announcement of the results of the election
(f) The chairman or any member of the board of in the polling place has been made, the board of election
election inspectors who signs or authenticates a print inspectors shall not make any alteration or amendment
which bears an image different from the election return in any of the copies of the election returns, unless so
produced after counting and posted on the wall. ordered by the Commission upon petition of the
(as amended by RA No 9369) members of the board of election inspectors within five
Section 213. Proclamation of the result of the days from the date of the election or twenty-four hours
election in the polling place. — Upon the completion of from the time a copy of the election returns concerned is
the election returns, the chairman of the board of opened by the board of canvassers, whichever is earlier.
election inspectors shall orally and publicly announce the The petition shall be accompanied by proof of service
total number of votes received in the election in the upon all candidates affected. If the petition is by all
polling place by each and every one of the candidates, members of the board of election inspectors and the
stating their corresponding office. results of the election would not be affected by said
correction and none of the candidates affected objects
Section 214. Disposition of election returns. - thereto, the Commission, upon being satisfied of the
(1) In a presidential election: the board of election veracity of the petition and of the error alleged therein,
inspectors shall prepare in handwriting and sign the shall order the board of election inspectors to make the
returns of the election in sextuplicate in their respective proper correction on the election returns.
polling place in a form to be prescribed by the However, if a candidate affected by said petition
Commission. One copy shall be deposited in the objects thereto, whether the petition is filed by all or only
compartment of the ballot box for valid ballots, and in the a majority of the members of the board of election
case of municipalities two copies including the original inspectors and the results of the election would be
copy shall be handed to the municipal election registrar affected by the correction sought to be made, the
who shall immediately deliver the original copy to the Commission shall proceed summarily to hear the petition.
provincial election supervisor and forward the other copy If it finds the petition meritorious and there are no
to the Commission, and one copy each to the authorized evidence or signs indicating that the identity and
representatives of the accredited political parties. In the integrity of the ballot box have been violated, the
case of the cities, the city registrar shall retain the original Commission shall order the opening of the ballot box.



After satisfying itself that the integrity of the ballots (c) In case of calamity or fortuitous event such as fire,
therein has also been duly preserved, the Commission flood, storm, or other similar calamities which may
shall order the recounting of the votes of the candidates actually cause damage to the ballot boxes and/or their
affected and the proper corrections made on the election contents, the Commission may authorize the opening of
returns, unless the correction sought is such that it can said ballot boxes to salvage the ballots and other contents
be made without need of opening the ballot box. by placing them in other ballot boxes, taking such other
Section 217. Delivery of the ballot boxes, keys and precautionary measures as may be necessary to preserve
election supplies and documents. — Upon the such documents.
termination of the counting of votes, the board of election Section 220. Documents and articles omitted or
inspectors shall place in the compartment for valid erroneously placed inside the ballot box. — If after the
ballots, the envelopes for used ballots hereinbefore delivery of the keys of the ballot box to the proper
referred to, the unused ballots, the tally board or sheet, a authorities, the board of election inspectors shall discover
copy of the election returns, and the minutes of its that some documents or articles required to be placed in
proceedings, and then shall lock the ballot box with three the ballot box were not placed therein, the board of
padlocks and such safety devices as the Commission may election inspectors, instead of opening the ballot box in
prescribe. Immediately after the box is locked, the three order to place therein said documents or articles, shall
keys of the padlocks shall be placed in three separate deliver the same to the Commission or its duly authorized
envelopes and shall be sealed and signed by all the representatives. In no instance shall the ballot box be
members of the board of election inspectors. reopened to place therein or take out therefrom any
The authorized representatives of the Commission document or article except to retrieve copies of the
shall forthwith take delivery of said envelopes, signing a election returns which will be needed in any canvass and
receipt therefor, and deliver without delay one envelope in such excepted instances, the members of the board of
to the provincial treasurer, another to the provincial fiscal election inspectors and watchers of the candidates shall
and the other to the provincial election supervisor. be notified of the time and place of the opening of said
ballot box: Provided, however, That if there are other
The ballot box, all supplies of the board of election copies of the election returns outside of the ballot box
inspectors and all pertinent papers and documents shall which can be used in canvass, such copies of the election
immediately be delivered by the board of election returns shall be used in said canvass and the opening of
inspectors and the watchers to the city or municipal the ballot box to retrieve copies of the election returns
treasurer who shall keep his office open all night on the placed therein shall then be dispensed with.
day of election if necessary for this purpose, and shall
provide the necessary facilities for said delivery at the
expense of the city or municipality. The book of voters ARTICLE XIX CANVASS AND PROCLAMATION
shall be returned to the election registrar who shall keep Section 221. Board of canvassers. — There shall be a
it under his custody. The treasurer and the election board of canvassers for each province, city, municipality,
registrar, as the case may be, shall on the day after the and district of Metropolitan Manila as follows:
election require the members of the board of election
(a) Provincial board of canvassers. — the provincial
inspectors who failed to send the objects referred to
board of canvassers shall be composed of the provincial
herein to deliver the same to him immediately and
election supervisor or a senior lawyer in the regional
acknowledge receipt thereof in detail.
office of the Commission, as chairman, the provincial
Section 218. Preservation of the voting record. — fiscal, as vice-chairman, and the provincial
The voting record of each polling place shall be delivered superintendent of schools, and one representative from
to the election registrar who shall have custody of the each of the ruling party and the dominant opposition
same, keeping them in a safe place, until such time that political party in the constituency concerned entitled to
the Commission shall give instructions on their be represented, as members.
disposition.
(b) City board of canvassers. — the city board of
Section 219. Preservation of the ballot boxes, their canvassers shall be composed of the city election
keys and disposition of their contents. - registrar or a lawyer of the Commission, as chairman, the
(a) The provincial election supervisor, the provincial city fiscal and the city superintendent of schools, and one
treasurer and the provincial fiscal shall keep the envelope representative from each of the ruling party and the
containing the keys in their possession intact during the dominant opposition political party entitled to be
period of three months following the election. Upon the represented, as members.
lapse of this period, unless the Commission has ordered (c) District board of canvassers of Metropolitan Manila
otherwise, the provincial election supervisor and the — the district board of canvassers shall be composed of a
provincial fiscal shall deliver to the provincial treasurer the lawyer of the Commission, as chairman, and a ranking
envelope containing the keys under their custody. fiscal in the district and the most senior district school
(b) The city and municipal treasurer shall keep the supervisor in the district to be appointed upon
ballot boxes under their responsibility for three months consultation with the Ministry of Justice and the Ministry
and stored unopened in a secure place, unless the of Education, Culture and Sports, respectively, and one
Commission orders otherwise whenever said ballot boxes representative from each of the ruling party and the
are needed in any political exercise which might be called dominant opposition political party in the constituency
within the said period, provided these are not involved in concerned, as members.
any election contest or official investigation, or the (d) Municipal board of canvassers. — the municipal
Commission or other competent authority shall demand board of canvassers shall be composed of the election
them sooner or shall order their preservation for a longer registrar or a representative of the Commission, as
time in connection with any pending contest or chairman, the municipal treasurer, and the district
investigation. However, upon showing by any candidate supervisor or in his absence any public school principal in
that the boxes will be in danger of being violated if kept the municipality and one representative from each of the
in the possession of such officials, the Commission may ruling party and the dominant opposition political party
order them kept by any other official whom it may entitled to be represented, as members.
designate. Upon the lapse of said time and if there should
(e) Board of canvassers for newly created political
be no order to the contrary, the Commission may
subdivisions — the Commission shall constitute a board
authorize the city and municipal treasurer in the
of canvassers and appoint the members thereof for the
presence of its representative to open the boxes and burn
first election in a newly created province, city or
their contents, except the copy of the minutes of the
municipality in case the officials who shall act as
voting and the election returns deposited therein which
members thereof have not yet assumed their duties and
they shall take and keep.
functions.



Section 222. Relationship with candidates and the representative of the dominant political opposition
other members. — The chairman and the members of party.
the board of canvassers shall not be related within the For this purpose, the two political parties shall
fourth civil degree of consanguinity or affinity to any of designate their representatives whose names shall be
the candidates whose votes will be canvassed by said submitted to the election registrar concerned on or
board, or to any member of the same board. before the tenth day preceding the election. The three in
Section 223. Prohibition against leaving official possession of the keys shall personally transmit the ballot
station. — During the period beginning election day until box, properly locked, containing the election returns to
the proclamation of the winning candidates, no member the board of canvassers. Watchers of political parties,
or substitute member of the different boards of coalition of political parties, and of organizations
canvassers shall be transferred, assigned or detailed collectively authorized by the Commission to designate
outside of his official station, nor shall he leave said watchers shall have the right to accompany transmittal of
station without prior authority of the Commission. the ballot boxes containing the election returns.
Section 224. Feigned illness. — Any member of the It shall be unlawful for any person to delay, obstruct,
board of canvassers feigning illness in order to be impede or prevent through force, violence, coercion,
substituted on election day until the proclamation of the intimidation or by any means which vitiates consent, the
winning candidates shall be guilty of an election offense. transmittal of the election returns or to take away,
Section 225. Vote required. — A majority vote of all abscond with, destroy, deface or mutilate or substitute
the members of the board of canvassers shall be the election returns or the envelope or the ballot box
necessary to render a decision. containing the election returns or to violate the right of
the watchers.
Section 226. Incapacity and substitution of
members of boards of canvassers. — In case of The watchers of the political parties, coalition of
non-availability, absence, disqualification due to political parties and the candidates shall have the right to
relationship, or incapacity for any cause of the chairman, accompany the members of the board of election
the Commission shall designate the provincial or city inspectors or the election registrar in making the delivery
fiscal to act as chairman. Likewise, in case of to the boards of canvassers.
non-availability, absence, disqualification due to Section 230. Safekeeping of transmitted election
relationship, or incapacity for any cause, of such designee, returns. — The board of canvassers shall keep the ballot
the next ranking provincial or city fiscal shall be boxes containing the election returns in a safe and secure
designated by the Commission and such designation room before and after the canvass. The door to the room
shall pass to the next in rank until the designee qualifies. must be padlocked by three locks with the keys thereof
With respect to the other members of the board of kept as follows: one with the chairman, the other with the
canvassers, the Commission shall appoint as substitute representative of the ruling party, and the other with the
the provincial, city or municipal officers of other representative of the dominant opposition political party.
government agencies in the province, city or municipality, The watchers of candidates, political parties, coalition of
as the case may be, and with respect to the political parties and organization collectively authorized
representatives of the accredited political parties, the by the Commission to appoint watchers shall have the
Commission shall appoint as substitutes those right to guard the room. Violation of this right shall
nominated by the said political parties. constitute an election offense.
Section 227. Supervision and control over board of Section 231. Canvass by the board. — The board of
canvassers. — The Commission shall have direct control canvassers shall meet not later than six o'clock in the
and supervision over the board of canvassers. afternoon of election day at the place designated by the
Any member of the board of canvassers may, at any Commission to receive the election returns and to
time, be relieved for cause and substituted motu proprio immediately canvass those that may have already been
by the Commission. received. It shall meet continuously from day to day until
the canvass is completed, and may adjourn but only for
Section 228. Notice of meeting of the board. — At the purpose of awaiting the other election returns from
least five days before the meeting of the board, the other polling places within its jurisdiction. Each time the
chairman of the board shall give notice to all members board adjourns, it shall make a total of all the votes
thereof and to each candidate and political party of the canvassed so far for each candidate for each office,
date, time and place of the meeting. furnishing the Commission in Manila by the fastest
Section 229. Manner of delivery and transmittal of means of communication a certified copy thereof, and
election returns. - making available the data contained therein to the mass
media and other interested parties. As soon as the other
(a) For the city and municipal board of canvassers, the election returns are delivered, the board shall
copy of the election returns of a polling place intended for immediately resume canvassing until all the returns have
the city or municipal board of canvassers, duly placed been canvassed.
inside a sealed envelope signed and affixed with the
imprint of the thumb of the right hand of all the The respective board of canvassers shall prepare a
members of the board of election inspectors, shall be certificate of canvass duly signed and affixed with the
personally delivered by the members of the board of imprint of the thumb of the right hand of each member,
election inspectors to the city or municipal board of supported by a statement of the votes received by each
canvassers under proper receipt to be signed by all the candidate in each polling place and, on the basis thereof,
members thereof. shall proclaim as elected the candidates who obtained
the highest number of votes cast in the province, city,
(b) For the provincial and district boards of canvassers municipality or barangay. Failure to comply with this
in Metropolitan Manila, the copy of the election returns of requirement shall constitute an election offense.
a polling place intended for the provincial or district
board of canvassers in the case of Metropolitan Manila, Subject to reasonable exceptions, the board of
shall be personally delivered by the members of the canvassers must complete their canvass within thirty-six
board of election inspectors to the election registrar for hours in municipalities, forty-eight hours in cities and
transmittal to the proper board of canvassers under seventy-two hours in provinces. Violation hereof shall be
proper receipt to be signed by all the members thereof. an election offense punishable under Section 264 hereof.
The election registrar concerned shall place all the With respect to the election for President and
returns intended for the board of canvassers inside a Vice-President, the provincial and city boards of
ballot box provided with three padlocks whose keys shall canvassers shall prepare in quintuplicate a certificate of
be kept as follows: one by the election registrar, another canvass supported by a statement of votes received by
by the representative of the ruling party and the third by each candidate in each polling place and transmit the


first copy thereof to the Speaker of the Batasang The right of a candidate to avail of this provision shall
Pambansa. The second copy shall be transmitted to the not be lost or affected by the fact that an election protest
Commission, the third copy shall be kept by the provincial is subsequently filed by any of the candidates.
election supervisor or city election registrar; the fourth Section 235. When election returns appear to be
and the fifth copies to each of the two accredited political tampered with or falsified. — If the election returns
parties. submitted to the board of canvassers appear to be
Section 232. Persons not allowed inside the tampered with, altered or falsified after they have left the
canvassing room. — It shall be unlawful for any officer or hands of the board of election inspectors, or otherwise
member of the Armed Forces of the Philippines, not authentic, or were prepared by the board of election
including the Philippine Constabulary, or the Integrated inspectors under duress, force, intimidation, or prepared
National Police or any peace officer or any armed or by persons other than the member of the board of
unarmed persons belonging to an extra-legal police election inspectors, the board of canvassers shall use the
agency, special forces, reaction forces, strike forces, home other copies of said election returns and, if necessary, the
defense forces, barangay self-defense units, barangay copy inside the ballot box which upon previous authority
tanod, or of any member of the security or police given by the Commission may be retrieved in accordance
organizations of government ministries, commissions, with Section 220 hereof. If the other copies of the returns
councils, bureaus, offices, instrumentalities, or are likewise tampered with, altered, falsified, not
government-owned or controlled corporations or their authentic, prepared under duress, force, intimidation, or
subsidiaries or of any member of a privately owned or prepared by persons other than the members of the
operated security, investigative, protective or intelligence board of election inspectors, the board of canvassers or
agency performing identical or similar functions to enter any candidate affected shall bring the matter to the
the room where the canvassing of the election returns attention of the Commission. The Commission shall then,
are held by the board of canvassers and within a radius of after giving notice to all candidates concerned and after
fifty meters from such room: Provided, however, That the satisfying itself that nothing in the ballot box indicate
board of canvassers by a majority vote, if it deems that its identity and integrity have been violated, order
necessary, may make a call in writing for the detail of the opening of the ballot box and, likewise after satisfying
policemen or any peace officers for their protection or for itself that the integrity of the ballots therein has been
the protection of the election documents and duly preserved shall order the board of election
paraphernalia in the possession of the board, or for the inspectors to recount the votes of the candidates affected
maintenance of peace and order, in which case said and prepare a new return which shall then be used by the
policemen or peace officers, who shall be in proper board of canvassers as basis of the canvass.
uniform, shall stay outside the room within a radius of Section 236. Discrepancies in election returns. — In
thirty meters near enough to be easily called by the board case it appears to the board of canvassers that there
of canvassers at any time. exists discrepancies in the other authentic copies of the
Section 233. When the election returns are delayed, election returns from a polling place or discrepancies in
lost or destroyed. — In case its copy of the election the votes of any candidate in words and figures in the
returns is missing, the board of canvassers shall, by same return, and in either case the difference affects the
messenger or otherwise, obtain such missing election results of the election, the Commission, upon motion of
returns from the board of election inspectors concerned, the board of canvassers or any candidate affected and
or if said returns have been lost or destroyed, the board of after due notice to all candidates concerned, shall
canvassers, upon prior authority of the Commission, may proceed summarily to determine whether the integrity of
use any of the authentic copies of said election returns or the ballot box had been preserved, and once satisfied
a certified copy of said election returns issued by the thereof shall order the opening of the ballot box to
Commission, and forthwith direct its representative to recount the votes cast in the polling place solely for the
investigate the case and immediately report the matter purpose of determining the true result of the count of
to the Commission. votes of the candidates concerned.
The board of canvassers, notwithstanding the fact Section 237. When integrity of ballots is violated. —
that not all the election returns have been received by it, If upon the opening of the ballot box as ordered by the
may terminate the canvass and proclaim the candidates Commission under Sections 234, 235 and 236, hereof, it
elected on the basis of the available election returns if the should appear that there are evidence or signs of
missing election returns will not affect the results of the replacement, tampering or violation of the integrity of the
election. ballots, the Commission shall not recount the ballots but
Section 234. Material defects in the election returns. shall forthwith seal the ballot box and order its
— If it should clearly appear that some requisites in form safekeeping.
or data had been omitted in the election returns, the Section 238. Canvass of remaining or unquestioned
board of canvassers shall call for all the members of the returns to continue. — In cases under Sections 233, 234,
board of election inspectors concerned by the most 235 and 236 hereof, the board of canvassers shall continue
expeditious means, for the same board to effect the the canvass of the remaining or unquestioned election
correction: Provided, That in case of the omission in the returns. If, after the canvass of all the said returns, it
election returns of the name of any candidate and/or his should be determined that the returns which have been
corresponding votes, the board of canvassers shall require set aside will affect the result of the election, no
the board of election inspectors concerned to complete proclamation shall be made except upon orders of the
the necessary data in the election returns and affix Commission after due notice and hearing. Any
therein their initials: Provided, further, That if the votes proclamation made in violation hereof shall be null and
omitted in the returns cannot be ascertained by other void.
means except by recounting the ballots, the Commission, Section 239. Watchers. — Each candidate, political
after satisfying itself that the identity and integrity of the party or coalition of political parties shall be entitled to
ballot box have not been violated, shall order the board of appoint one watcher in the board of canvassers. The
election inspectors to open the ballot box, and, also after watcher shall have the right to be present at, and take
satisfying itself that the integrity of the ballots therein has note of, all the proceedings of the board of canvassers, to
been duly preserved, order the board of election read the election returns without touching them, to file a
inspectors to count the votes for the candidate whose protest against any irregularity in the election returns
votes have been omitted with notice thereof to all submitted, and to obtain from the board of canvassers a
candidates for the position involved and thereafter resolution thereon.
complete the returns.
Section 240. Election resulting in tie. — Whenever it
shall appear from the canvass that two or more
candidates have received an equal and highest number



of votes, or in cases where two or more candidates are to this article or in Sections 234, 235 and 236 of Article XIX
be elected for the same position and two or more shall submit their verbal objections to the chairman of
candidates received the same number of votes for the the board of canvassers at the time the questioned
last place in the number to be elected, the board of returns is presented for inclusion or exclusion, which
canvassers, after recording this fact in its minutes, shall by objections shall be noted in the minutes of the
resolution, upon five days notice to all the tied canvassing.
candidates, hold a special public meeting at which the The board of canvassers upon receipt of any such
board of canvassers shall proceed to the drawing of lots of objections shall automatically defer the canvass of the
the candidates who have tied and shall proclaim as contested returns and shall proceed to canvass the rest of
elected the candidates who may be favored by luck, and the returns which are not contested by any party.
the candidates so proclaimed shall have the right to
assume office in the same manner as if he had been Within twenty-four hours from and after the
elected by plurality of vote. The board of canvassers shall presentation of a verbal objection, the same shall be
forthwith make a certificate stating the name of the submitted in written form to the board of canvassers.
candidate who had been favored by luck and his Thereafter, the board of canvassers shall take up each
proclamation on the basis thereof. contested return, consider the written objections thereto
and summarily rule thereon. Said ruling shall be made
Nothing in this section shall be construed as oral initially and then reduced to writing by the board
depriving a candidate of his right to contest the election. within twenty-four hours from the time the oral ruling is
made.
ARTICLE XX PRE-PROCLAMATION Any party adversely affected by an oral ruling on
CONTROVERSIES its/his objection shall immediately state orally whether
it/he intends to appeal said ruling. The said intent to
Section 241. Definition. — A pre-proclamation
appeal shall be stated in the minutes of the canvassing. If
controversy refers to any question pertaining to or
a party manifests its intent to appeal, the board of
affecting the proceedings of the board of canvassers
canvassers shall set aside the return and proceed to rule
which may be raised by any candidate or by any
on the other contested returns. When all the contested
registered political party or coalition of political parties
returns have been ruled upon by it, the board of
before the board or directly with the Commission, or any
canvassers shall suspend the canvass and shall make an
matter raised under Sections 233, 234, 235 and 236 in
appropriate report to the Commission, copy furnished the
relation to the preparation, transmission, receipt, custody
parties.
and appreciation of the election returns.
The board of canvassers shall not proclaim any
Section 242. Commission's exclusive jurisdiction of
candidate as winner unless authorized by the
all pre-proclamation controversies. — The Commission
Commission after the latter has ruled on the objections
shall have exclusive jurisdiction of all pre-proclamation
brought to it on appeal by the losing party and any
controversies. It may motu proprio or upon written
proclamation made in violation hereof shall be void ab
petition, and after due notice and hearing, order the
initio, unless the contested returns will not adversely
partial or total suspension of the proclamation of any
affect the results of the election.
candidate-elect or annual partially or totally any
proclamation, if one has been made, as the evidence shall Section 246. Summary proceedings before the
warrant in accordance with the succeeding sections. Commission. — All pre-proclamation controversies shall
be heard summarily by the Commission after due notice
Section 243. Issues that may be raised in
and hearing, and its decisions shall be executory after the
pre-proclamation controversy. — The following shall be
lapse of five days from receipt by the losing party of the
proper issues that may be raised in a pre-proclamation
decision of the Commission, unless restrained by the
controversy:
Supreme Court.
(a) Illegal composition or proceedings of the board of
Section 247. Partial proclamation. —
canvassers;
Notwithstanding the pendency of any pre-proclamation
(b) The canvassed election returns are incomplete, controversy, the Commission may, motu proprio or upon
contain material defects, appear to be tampered with or the filing of a verified petition and after due notice and
falsified, or contain discrepancies in the same returns or hearing, order the proclamation of other winning
in other authentic copies thereof as mentioned in candidates whose election will not be affected by the
Sections 233, 234, 235 and 236 of this Code; outcome of the controversy.
(c) The election returns were prepared under duress, Section 248. Effect of filing petition to annual or to
threats, coercion, or intimidation, or they are obviously suspend the proclamation. — The filing with the
manufactured or not authentic; and Commission of a petition to annual or to suspend the
(d) When substitute or fraudulent returns in proclamation of any candidate shall suspend the running
controverted polling places were canvassed, the results of of the period within which to file an election protest or
which materially affected the standing of the aggrieved quo warranto proceedings.
candidate or candidates.
Section 244. Contested composition or proceedings ARTICLE XXI ELECTION CONTESTS
of the board. — When the composition or proceedings of Section 249. Jurisdiction of the Commission. — The
the board of canvassers are contested, the board of Commission shall be the sole judge of all contests relating
canvassers shall, within twenty-four hours, make a ruling to the elections, returns, and qualifications of all Members
thereon with notice to the contestant who, if adversely of the Batasang Pambansa, elective regional, provincial
affected, may appeal the matter to the Commission and city officials.
within five days after the ruling with proper notice to the
board of canvassers. After due notice and hearing, the Section 250. Election contests for Batasang
Commission shall decide the case within ten days from Pambansa, regional, provincial and city offices. — A
the filing thereof. During the pendency of the case, the sworn petition contesting the election of any Member of
board of canvassers shall suspend the canvass until the the Batasang Pambansa or any regional, provincial or city
Commission orders the continuation or resumption official shall be filed with the Commission by any
thereof and citing their reasons or grounds therefor. candidate who has duly filed a certificate of candidacy
and has been voted for the same office, within ten days
Section 245. Contested election returns. — Any after the proclamation of the results of the election.
candidate, political party or coalition of political parties,
contesting the inclusion or exclusion in the canvass of any Section 251. Election contests for municipal offices.
election returns on any of the grounds authorized under — A sworn petition contesting the election of a municipal
officer shall be filed with the proper regional trial court by



any candidate who has duly filed a certificate of the time limits respectively fixed, a general denial shall be
candidacy and has been voted for the same office, within deemed to have been entered;
ten days after proclamation of the results of the election. (g) In election contest proceedings, the permanent
Section 252. Election contest for barangay offices. registry list of voters shall be conclusive in regard to the
— A sworn petition contesting the election of a barangay question as to who had the right to vote in said election.
officer shall be filed with the proper municipal or Section 255. Judicial counting of votes in election
metropolitan trial court by any candidate who has duly contest. — Where allegations in a protest or
filed a certificate of candidacy and has been voted for the counter-protest so warrant, or whenever in the opinion of
same office, within ten days after the proclamation of the the court the interests of justice so require, it shall
results of the election. The trial court shall decide the immediately order the book of voters, ballot boxes and
election protest within fifteen days after the filing thereof. their keys, ballots and other documents used in the
The decision of the municipal or metropolitan trial court election be brought before it and that the ballots be
may be appealed within ten days from receipt of a copy examined and the votes recounted.
thereof by the aggrieved party to the regional trial court
which shall decide the case within thirty days from its Section 256. Appeals. — Appeals from any decision
submission, and whose decisions shall be final. rendered by the regional trial court under Section
Section 253. Petition for quo warranto. — Any voter 251 and paragraph two, Section 253 hereof with
contesting the election of any Member of the Batasang respect to quo warranto petitions filed in election
Pambansa, regional, provincial, or city officer on the contests affecting municipal officers, the aggrieved party
ground of ineligibility or of disloyalty to the Republic of may appeal to the Intermediate Appellate Court within
the Philippines shall file a sworn petition for quo warranto five days after receipt of a copy of the decision. No motion
with the Commission within ten days after the for reconsideration shall be entertained by the court. The
proclamation of the results of the election. appeal shall be decided within sixty days after the case
has been submitted for decision.
Any voter contesting the election of any municipal or
barangay officer on the ground of ineligibility or of Section 257. Decision in the Commission. — The
disloyalty to the Republic of the Philippines shall file a Commission shall decide all election cases brought
sworn petition for quo warranto with the regional trial before it within ninety days from the date of their
court or metropolitan or municipal trial court, submission for decision. The decision of the Commission
respectively, within ten days after the proclamation of the shall become final thirty days after receipt of judgment.
results of the election. Section 258. Preferential disposition of contests in
Section 254. Procedure in election contests. — The courts. — The courts, in their respective cases, shall give
Commission shall prescribe the rules to govern the preference to election contests over all other cases,
procedure and other matters relating to election contests except those of habeas corpus, and shall without delay,
pertaining to all national, regional, provincial, and city hear and, within thirty days from the date of their
offices not later than thirty days before such elections. submission for decision, but in every case within six
Such rules shall provide a simple and inexpensive months after filing, decide the same.
procedure for the expeditious disposition of election Section 259. Actual or compensatory damages. —
contests and shall be published in at least two Actual or compensatory damages may be granted in all
newspapers of general circulation. election contests or in quo warranto proceedings in
However, with respect to election contests involving accordance with law.
municipal and barangay offices the following rules of Section 260. Notice of decisions. — The clerk of court
procedure shall govern: and the corresponding official in the Commission before
(a) Notice of the protest contesting the election of a whom an election contest or a quo warranto proceeding
candidate for a municipal or barangay office shall be has been instituted or where the appeal of said case has
served upon the candidate by means of a summons at been taken shall notify immediately the President of the
the postal address stated in his certificate of candidacy Philippines of the final disposition thereof. In election
except when the protestee, without waiting for the contests involving provincial, city, municipal, or barangay
summons, has made the court understand that he has offices, notice of such final disposition shall also be sent
been notified of the protest or has filed his answer hereto; to the secretary of the local sanggunian concerned. If the
decision be that none of the parties has been legally
(b) The protestee shall answer the protest within five elected, said official shall certify such decision to the
days after receipt of the summons, or, in case there has President of the Philippines and, in appropriate cases, to
been no summons from the date of his appearance and the Commission.
in all cases before the commencement of the hearing of
the protest or contest. The answer shall deal only with the
election in the polling places which are covered by the ARTICLE XXII ELECTION OFFENSES
allegations of the contest; Section 261. Prohibited Acts. — The following shall be
(c) Should the protestee desire to impugn the votes guilty of an election offense:
received by the protestant in other polling places, he shall (a) Vote-buying and vote-selling. -
file a counter-protest within the same period fixed for the
answer serving a copy thereof upon the protestant by (1) Any person who gives, offers or promises money or
registered mail or by personal delivery or through the anything of value, gives or promises any office or
sheriff; employment, franchise or grant, public or private, or
makes or offers to make an expenditure, directly or
(d) The protestant shall answer the counter-protest indirectly, or cause an expenditure to be made to any
within five days after notice; person, association, corporation, entity, or community in
(e) Within the period of five days counted from the order to induce anyone or the public in general to vote for
filing of the protest any other candidate for the same or against any candidate or withhold his vote in the
office may intervene in the case as other contestants and election, or to vote for or against any aspirant for the
ask for affirmative relief in his favor by a petition in nomination or choice of a candidate in a convention or
intervention, which shall be considered as another similar selection process of a political party.
contest, except that it shall be substantiated within the (2) Any person, association, corporation, group or
same proceedings. The protestant or protestee shall community who solicits or receives, directly or indirectly,
answer the protest in intervention within five days after any expenditure or promise of any office or employment,
notice; public or private, for any of the foregoing considerations.
(f) If no answer shall be filed to the contest,
counter-protest, or to the protest in intervention, within



(b) Conspiracy to bribe voters. — Two or more persons, (2) Any government official who promotes, or gives
whether candidates or not, who come to an agreement any increase of salary or remuneration or privilege to any
concerning the commission of any violation of paragraph government official or employee, including those in
(a) of this section and decide to commit it. government-owned or controlled corporations.
(c) Wagering upon result of election. — Any person (h) Transfer of officers and employees in the civil
who bets or wagers upon the outcome of, or any service. — Any public official who makes or causes any
contingency connected with an election. Any money or transfer or detail whatever of any officer or employee in
thing of value or deposit of money or thing of value the civil service including public school teachers, within
situated anywhere in the Philippines put as such bet or the election period except upon prior approval of the
wager shall be forfeited to the government. Commission.
(d) Coercion of subordinates. - (i) Intervention of public officers and employees. —
(1) Any public officer, or any officer of any public or Any officer or employee in the civil service, except those
private corporation or association, or any head, superior, holding political offices; any officer, employee, or member
or administrator of any religious organization, or any or the Armed Forces of the Philippines, or any police
employer or land-owner who coerces or intimidates or force, special forces, home defense forces, barangay
compels, or in any manner influence, directly or indirectly, self-defense units and all other paramilitary units that
any of his subordinates or members or parishioners or now exist or which may hereafter be organized who,
employees or house helpers, tenants, overseers, farm directly or indirectly, intervenes in any election campaign
helpers, tillers, or lease holders to aid, campaign or vote or engages in any partisan political activity, except to vote
for or against any candidate or any aspirant for the or to preserve public order, if he is a peace officer.
nomination or selection of candidates. (j) Undue influence. — It is unlawful for any person to
(2) Any public officer or any officer of any commercial, promise any office or employment, public or private, or to
industrial, agricultural, economic or social enterprise or make or offer to make an expenditure, directly or
public or private corporation or association, or any head, indirectly, or to cause an expenditure to be made to any
superior or administrator of any religious organization, or person, association, corporation or entity, which may
any employer or landowner who dismisses or threatens to induce anyone or the public in general either to vote or
dismiss, punishes or threatens to punish be reducing his withhold his vote, or to vote for or against any candidate
salary, wage or compensation, or by demotion, transfer, in any election or any aspirant for the nomination or
suspension, separation, excommunication, ejectment, or selection of an official candidate in a convention of a
causing him annoyance in the performance of his job or political party. It is likewise unlawful for any person,
in his membership, any subordinate member or affiliate, association, corporation or community, to solicit or
parishioner, employee or house helper, tenant, overseer, receive, directly or indirectly, any expenditure or promise
farm helper, tiller, or lease holder, for disobeying or not or any office, or employment, public or private, for any of
complying with any of the acts ordered by the former to the foregoing considerations.
aid, campaign or vote for or against any candidate, or any (k) Unlawful electioneering. — It is unlawful to solicit
aspirant for the nomination or selection of candidates. votes or undertake any propaganda on the day of
(e) Threats, intimidation, terrorism, use of fraudulent registration before the board of election inspectors and
device or other forms of coercion. — Any person who, on the day of election, for or against any candidate or any
directly or indirectly, threatens, intimidates or actually political party within the polling place and with a radius
causes, inflicts or produces any violence, injury, of thirty meters thereof.
punishment, damage, loss or disadvantage upon any (l) Prohibition against dismissal of employees,
person or persons or that of the immediate members of laborers, or tenants. — No employee or laborer shall be
his family, his honor or property, or uses any fraudulent dismissed, nor a tenant be ejected from his landholdings
device or scheme to compel or induce the registration or for refusing or failing to vote for any candidate of his
refraining from registration of any voter, or the employer or landowner. Any employee, laborer or tenant
participation in a campaign or refraining or desistance so dismissed or ejected shall be reinstated and the salary
from any campaign, or the casting of any vote or or wage of the employee or laborer, or the share of the
omission to vote, or any promise of such registration, harvest of the tenant, shall be restored to the aggrieved
campaign, vote, or omission therefrom. party upon application to the proper court.
(f) Coercion of election officials and employees. — Any (m) Appointment or use of special policemen, special
person who, directly or indirectly, threatens, intimidates, agents, confidential agents or the like. — During the
terrorizes or coerces any election official or employee in campaign period, on the day before and on election day,
the performance of his election functions or duties. any appointing authority who appoints or any person
(g) Appointment of new employees, creation of new who utilizes the services of special policemen, special
position, promotion, or giving salary increases. — During agents, confidential agents or persons performing similar
the period of forty-five days before a regular election and functions; persons previously appointed as special
thirty days before a special election, policemen, special agents, confidential agents or persons
performing similar functions who continue acting as
(1) any head, official or appointing officer of a such, and those who fail to turn over their firearms,
government office, agency or instrumentality, whether uniforms, insignias and other badges of authority to the
national or local, including government-owned or proper officer who issued the same.
controlled corporations, who appoints or hires any new
employee, whether provisional, temporary or casual, or At the start of the aforementioned period, the
creates and fills any new position, except upon prior barangay chairman, municipal mayor, city mayor,
authority of the Commission. The Commission shall not provincial governor, or any appointing authority shall
grant the authority sought unless, it is satisfied that the submit to the Commission a complete list of all special
position to be filled is essential to the proper functioning policemen, special agents, confidential agents or persons
of the office or agency concerned, and that the position performing similar functions in the employ of their
shall not be filled in a manner that may influence the respective political subdivisions, with such particulars as
election. the Commission may require.
As an exception to the foregoing provisions, a new (n) Illegal release of prisoners before and after
employee may be appointed in case of urgent need: election. — The Director of the Bureau of Prisons, any
Provided, however, That notice of the appointment shall provincial warden, the keeper of the jail or the person or
be given to the Commission within three days from the persons required by law to keep prisoners in their custody
date of the appointment. Any appointment or hiring in who illegally orders or allows any prisoner detained in the
violation of this provision shall be null and void. national penitentiary, or the provincial, city or municipal
jail to leave the premises thereof sixty days before and


thirty days after the election. The municipal or city the residence of private persons or when guarding private
warden, the provincial warden, the keeper of the jail or residences, buildings or offices: Provided, further, That in
the person or persons required by law to keep prisoners the last case prior written approval of the Commission
in their custody shall post in three conspicuous public shall be obtained. The Commission shall decide all
places a list of the prisoners or detention prisoners under applications for authority under this paragraph within
their care. Detention prisoners must be categorized as fifteen days from the date of the filing of such
such. application.
(o) Use of public funds, money deposited in trust, During the same period, and ending thirty days
equipment, facilities owned or controlled by the thereafter any member of the Armed Forces of the
government for an election campaign. — Any person who Philippines, special, forces, home defense forces,
uses under any guise whatsoever, directly or indirectly, (1) barangay self-defense units and all other para-military
public funds or money deposited with, or held in trust by, units that now exist or which may hereafter be organized
public financing institutions or by government offices, who wears his uniform or bears arms outside the camp,
banks, or agencies; (2) any printing press, radio, or garrison or barracks to which he is assigned or detailed or
television station or audio-visual equipment operated by outside their homes, in case of members of para-military
the Government or by its divisions, subdivisions, agencies units, unless (1) the President of the Philippines shall have
or instrumentalities, including government-owned or given previous authority therefor, and the Commission
controlled corporations, or by the Armed Forces of the notified thereof in writing, or (2) the Commission
Philippines; or (3) any equipment, vehicle, facility, authorizes him to do so, which authority it shall give only
apparatus, or paraphernalia owned by the government or when necessary to assist it in maintaining free, orderly
by its political subdivisions, agencies including and honest elections, and only after notice and hearing.
government-owned or controlled corporations, or by the All personnel of the Armed Forces authorized by the
Armed Forces of the Philippines for any election President or the Commission to bear arms or wear their
campaign or for any partisan political activity. uniforms outside their camps and all police and peace
(p) Deadly weapons. — Any person who carries any officers shall bear their true name, rank and serial
deadly weapon in the polling place and within a radius of number, if any, stitched in block letters on a white
one hundred meters thereof during the days and hours background on the left breast of their uniform, in letters
fixed by law for the registration of voters in the polling and numbers of a clearly legible design at least two
place, voting, counting of votes, or preparation of the centimeters tall, which shall at all times remain visible
election returns. However, in cases of affray, turmoil, or and uncovered.
disorder, any peace officer or public officer authorized by During the election period, whenever the
the Commission to supervise the election is entitled to Commission finds it necessary for the promotion of free,
carry firearms or any other weapon for the purpose of orderly, honest and peaceful elections in a specific area, it
preserving order and enforcing the law. shall confiscate or order the confiscation of firearms of
(q) Carrying firearms outside residence or place of any member or members of the Armed Forces of the
business. — Any person who, although possessing a Philippines, police forces, home defense forces, barangay
permit to carry firearms, carries any firearms outside his self-defense units, and all other para-military units that
residence or place of business during the election period, now exist, or which may hereafter be organized, or any
unless authorized in writing by the Commission: member or members of the security or police
Provided, That a motor vehicle, water or air craft shall not organization, government ministries, commissions,
be considered a residence or place of business or councils, bureaus, offices, instrumentalities, or
extension hereof. government-owned or controlled corporations and other
subsidiaries, or of any member or members of privately
This prohibition shall not apply to cashiers and owned or operated security, investigative, protective or
disbursing officers while in the performance of their intelligence agencies performing identical or similar
duties or to persons who by nature of their official duties, functions.
profession, business or occupation habitually carry large
sums of money or valuables. (t) Policemen and provincial guards acting as
bodyguards or security guards. — During the campaign
(r) Use of armored land, water or air craft. — Any period, on the day before and on election day, any
person who uses during the campaign period, on the day member of the city or municipal police force, any
before and on election day, any armored land, water or air provincial or sub-provincial guard, any member of the
craft, provided with any temporary or permanent Armed Forces of the Philippines, special forces, home
equipment or any other device or contraption for the defense forces, barangay self-defense units and all other
mounting or installation of cannons, machine guns and para-military units that now exist or which may hereafter
other similar high caliber firearms, including military type be organized who acts as bodyguard or security guard of
tanks, half trucks, scout trucks, armored trucks, of any any public official, candidate or any other person, and any
make or model, whether new, reconditioned, rebuilt or of the latter who utilizes the services of the former as
remodelled: Provided, That banking or financial bodyguard or security guard: Provided, That, after due
institutions and all business firms may use not more than notice and hearing, when the life and security of a
two armored vehicles strictly for, and limited to, the candidate is in jeopardy, the Commission is empowered
purpose of transporting cash, gold bullion or other to assign at the candidate's choice, any member of the
valuables in connection with their business from and to Philippine Constabulary or the police force of any
their place of business, upon previous authority of the municipality within the province to act as his bodyguard
Commission. or security guard in a number to be determined by the
(s) Wearing of uniforms and bearing arms. — During Commission but not to exceed three per candidate:
the campaign period, on the day before and on election Provided, however, That when the circumstances require
day, any member of security or police organization of immediate action, the Commission may issue a
government agencies, commissions, councils, bureaus, temporary order allowing the assignment of any member
offices, or government-owned or controlled corporations, of the Philippine Constabulary or the local police force to
or privately-owned or operated security, investigative, act as bodyguard or security guard of the candidate,
protective or intelligence agencies, who wears his subject to confirmation or revocation.
uniform or uses his insignia, decorations or regalia, or (u) Organization or maintenance of reaction forces,
bears arms outside the immediate vicinity of his place of strike forces, or other similar forces. — Any person who
work: Provided, That this prohibition shall not apply when organizes or maintains a reaction force, strike force or
said member is in pursuit of a person who has committed similar force during the election period.
or is committing a crime in the premises he is guarding;
or when escorting or providing security for the transport The heads of all reaction forces, strike forces, or similar
of payrolls, deposits, or other valuables; or when guarding forces shall, not later than forty-five days before the


election, submit to the Commission a complete list of all (w) Prohibition against construction of public works,
members thereof with such particulars as the delivery of materials for public works and issuance of
Commission may require. treasury warrants and similar devices. — During the
(v) Prohibition against release, disbursement or period of forty-five days preceding a regular election and
expenditure of public funds. — Any public official or thirty days before a special election, any person who (a)
employee including barangay officials and those of undertakes the construction of any public works, except
government-owned or controlled corporations and their for projects or works exempted in the preceding
subsidiaries, who, during forty-five days before a regular paragraph; or (b) issues, uses or avails of treasury warrants
election and thirty days before a special election, releases, or any device undertaking future delivery of money,
disburses or expends any public funds for: goods or other things of value chargeable against public
funds.
(1) Any and all kinds of public works, except the
following: (x) Suspension of elective provincial, city, municipal or
barangay officer. — The provisions of law to the contrary
(a) Maintenance of existing and/or completed public notwithstanding during the election period, any public
works project: Provided, That not more than the average official who suspends, without prior approval of the
number of laborers or employees already employed Commission, any elective provincial, city, municipal or
therein during the six-month period immediately prior to barangay officer, unless said suspension will be for
the beginning of the forty-five day period before election purposes of applying the "Anti-Graft and Corrupt
day shall be permitted to work during such time: Practices Act" in relation to the suspension and removal
Provided, further, That no additional laborers shall be of elective officials; in which case the provisions of this
employed for maintenance work within the said period of section shall be inapplicable.
forty-five days;
(y) On Registration of Voters:
(b) Work undertaken by contract through public
bidding held, or by negotiated contract awarded, before (1) Any person who, having all the qualifications and
the forty-five day period before election: Provided, That none of the disqualifications of a voter, fails without
work for the purpose of this section undertaken under justifiable excuse to register as a voter in an election,
the so-called "takay" or "paquiao" system shall not be plebiscite or referendum in which he is qualified to vote.
considered as work by contract; (2) Any person who knowingly makes any false or
(c) Payment for the usual cost of preparation for untruthful statement relative to any of the data or
working drawings, specifications, bills of materials, information required in the application for registration.
estimates, and other procedures preparatory to actual (3) Any person who deliberately imprints or causes
construction including the purchase of materials and the imprinting of blurred or indistinct fingerprints on any
equipment, and all incidental expenses for wages of of the copies of the application for registration or on the
watchmen and other laborers employed for such work in voter's affidavit; or any person in charge of the
the central office and field storehouses before the registration of voters who deliberately or through
beginning of such period: Provided, That the number of negligence, causes or allows the imprinting of blurred or
such laborers shall not be increased over the number indistinct fingerprints on any of the aforementioned
hired when the project or projects were commenced; and registration forms, or any person who tampers with the
(d) Emergency work necessitated by the occurrence fingerprints in said registration records.
of a public calamity, but such work shall be limited to the (4) Any member of the board of election inspectors
restoration of the damaged facility. who approves any application which on its face shows
No payment shall be made within five days before that the applicant does not possess all the qualifications
the date of election to laborers who have rendered prescribed by law for a voter; or who disapproves any
services in projects or works except those falling under application which on its face shows that the applicant
subparagraphs (a), (b), (c), and (d), of this paragraph. possesses all such qualifications.
This prohibition shall not apply to ongoing public (5) Any person who, being a registered voter, registers
works projects commenced before the campaign period anew without filing an application for cancellation of his
or similar projects under foreign agreements. For previous registration.
purposes of this provision, it shall be the duty of the (6) Any person who registers in substitution for
government officials or agencies concerned to report to another whether with or without the latter's knowledge
the Commission the list of all such projects being or consent.
undertaken by them. (7) Any person who tampers with or changes without
(2) The Ministry of Social Services and Development authority any data or entry in any voter's application for
and any other office in other ministries of the registration.
government performing functions similar to said ministry, (8) Any person who delays, hinders or obstruct
except for salaries of personnel, and for such other another from registering.
routine and normal expenses, and for such other
expenses as the Commission may authorize after due (9) Any person who falsely certifies or identifies
notice and hearing. Should a calamity or disaster occur, another as a bona fide resident of a particular place or
all releases normally or usually coursed through the said locality for the purpose of securing the latter's registration
ministries and offices of other ministries shall be turned as a voter.
over to, and administered and disbursed by, the (10) Any person who uses the voter's affidavit of
Philippine National Red Cross, subject to the supervision another for the purpose of voting, whether or not he
of the Commission on Audit or its representatives, and no actually succeeds in voting.
candidate or his or her spouse or member of his family
within the second civil degree of affinity or consanguinity (11) Any person who places, inserts or otherwise
shall participate, directly or indirectly, in the distribution includes, as approved application for registration in the
of any relief or other goods to the victims of the calamity book of voters or in the provincial or national central files
or disaster; and of registered voters, the application of any fictitious voter
or any application that has not been approved; or
(3) The Ministry of Human Settlements and any other removes from, or otherwise takes out of the book of
office in any other ministry of the government voters or the provincial or national central files of
performing functions similar to said ministry, except for registered voters any duly approved voter's application,
salaries of personnel and for such other necessary except upon lawful order of the Commission, or of a
administrative or other expenses as the Commission may competent court or after proper cancellation as provided
authorize after due notice and hearing. in Sections 122, 123, 124 and 125 hereof.


(12) Any person who transfers or causes the transfer of records a vote where no such vote has been read by the
the registration record of a voter to the book of voters of chairman.
another polling place, unless said transfer was due to a (10) Any member of a board of election inspectors
change of address of the voter and the voter was duly who has made possible the casting of more votes than
notified of his new polling place. there are registered voters.
(13) Any person who asks, demands, takes, accepts or (11) Any person who, for the purpose of disrupting or
possesses, directly or indirectly, the voter's affidavit of obstructing the election process or causing confusion
another, in order to induce the latter to withhold his vote, among the voters, propagates false and alarming reports
or to vote for or against any candidate in an election or or information or transmits or circulates false orders,
any issue in a plebiscite or referendum. It shall be directives or messages regarding any matter relating to
presumed prima facie that the asking, demanding, the printing of official ballots, the postponement of the
taking, accepting, or possessing is with such intent if election, the transfer of polling place or the general
done within the period beginning ten days before conduct of the election.
election day and ending ten days after election day,
unless the voter's affidavit of another and the latter are (12) Any person who, without legal authority, destroys,
both members of the same family. substitutes or takes away from the possession of those
having legal custody thereof, or from the place where
(14) Any person who delivers, hands over, entrusts, they are legally deposited, any election form or document
gives, directly or indirectly his voter's affidavit to another or ballot box which contains official ballots or other
in consideration of money or other benefit or promises documents used in the election.
thereof, or takes or accepts such voter's affidavit directly
or indirectly, by giving or causing the giving of money or (13) Any person having legal custody of the ballot box
other benefit or making or causing the making of a containing the official ballots used in the election who
promise thereof. opens or destroys said box or removes or destroys its
contents without or against the order of the Commission
(15) Any person who alters in any manner, tears, or who, through his negligence, enables any person to
defaces, removes or destroys any certified list of voters. commit any of the aforementioned acts, or takes away
(16) Any person who takes, carries or possesses any said ballot box from his custody.
blank or unused registration form already issued to a city (14) Any member of the board of election inspectors
or municipality outside of said city or municipality except who knowingly uses ballots other than the official ballots,
as otherwise provided in this Code or when directed by except in those cases where the use of emergency ballots
express order of the court or of the Commission. is authorized.
(17) Any person who maliciously omits, tampers or (15) Any public official who neglects or fails to
transfers to another list the name of a registered voter properly preserve or account for any ballot box,
from the official list of voters posted outside the polling documents and forms received by him and kept under
place. his custody.
(z) On voting: (16) Any person who reveals the contents of the ballot
(1) Any person who fails to cast his vote without of an illiterate or disabled voter whom he assisted in
justifiable excuse. preparing a ballot.
(2) Any person who votes more than once in the same (17) Any person who, without authority, transfers the
election, or who, not being a registered voter, votes in an location of a polling place.
election. (18) Any person who, without authority, prints or
(3) Any person who votes in substitution for another causes the printing of any ballot or election returns that
whether with or without the latter's knowledge and/or appears as official ballots or election returns or who
consent. distributes or causes the same to be distributed for use in
(4) Any person who, not being illiterate or physically the election, whether or not they are actually used.
disabled, allows his ballot to be prepared by another, or (19) Any person who, without authority, keeps, uses or
any person who prepares the ballot of another who is not carries out or causes to be kept, used or carried out, any
illiterate or physically disabled, with or without the latter's official ballot or election returns or printed proof thereof,
knowledge and/or consent. type-form mould, electro-type printing plates and any
(5) Any person who avails himself of any means of other plate, numbering machines and other printing
scheme to discover the contents of the ballot of a voter paraphernalia being used in connection with the printing
who is preparing or casting his vote or who has just voted. of official ballots or election returns.
(6) Any voter who, in the course of voting, uses a (20) Any official or employee of any printing
ballot other than the one given by the board of election establishment or of the Commission or any member of
inspectors or has in his possession more than one official the committee in charge of the printing of official ballots
ballot. or election returns who causes official ballots or election
returns to be printed in quantities exceeding those
(7) Any person who places under arrest or detains a authorized by the Commission or who distributes,
voter without lawful cause, or molests him in such a delivers, or in any manner disposes of or causes to be
manner as to obstruct or prevent him from going to the distributed, delivered, or disposed of, any official ballot or
polling place to cast his vote or from returning home election returns to any person or persons not authorized
after casting his vote, or to compel him to reveal how he by law or by the Commission to receive or keep official
voted. ballots or election returns or who sends or causes them to
(8) Any member of the board of election inspectors be sent to any place not designated by law or by the
charged with the duty of reading the ballot during the Commission.
counting of votes who deliberately omits to read the vote (21) Any person who, through any act, means or
duly written on the ballot, or misreads the vote actually device, violates the integrity of any official ballot or
written thereon or reads the name of a candidate where election returns before or after they are used in the
no name is written on the ballot. election.
(9) Any member of the board of election inspectors (22) Any person who removes, tears, defaces or
charged with the duty of tallying destroys any certified list of candidates posted inside the
the votes in the tally board or sheet, election returns voting booths during the hours of voting.
or other prescribed form who deliberately fails to record a
vote therein or records erroneously the votes as read, or


(23) Any person who holds or causes the holding of an threat, intimidation, terrorism or coercion, causes or
election on any other day than that fixed by law or by the compels the commission of said act.
Commission, or stops any election being legally held. (5) Any person who, by any device or means, jams,
(24) Any person who deliberately blurs his fingerprint obstructs or interferes with a radio or television broadcast
in the voting record. of any lawful political program.
(aa) On Canvassing: (6) Any person who solicits votes or undertakes any
(1) Any chairman of the board of canvassers who fails propaganda, on the day of election, for or against any
to give due notice of the date, time and place of the candidate or any political party within the polling place or
meeting of said board to the candidates, political parties within a radius of thirty meters thereof.
and/or members of the board. (dd) Other prohibitions:
(2) Any member of the board of canvassers who (1) Any person who sells, furnishes, offers, buys, serves
proceeds with the canvass of the votes and/or or takes intoxicating liquor on the days fixed by law for
proclamation of any candidate which was suspended or the registration of voters in the polling place, or on the
annulled by the Commission. day before the election or on election day: Provided, That
(3) Any member of the board of canvassers who hotels and other establishments duly certified by the
proceeds with the canvass of votes and/or proclamation Ministry of Tourism as tourist oriented and habitually in
of any candidate in the absence of quorum, or without the business of catering to foreign tourists may be
giving due notice of the date, time and place of the exempted for justifiable reasons upon prior authority of
meeting of the board to the candidates, political parties, the Commission: Provided, further, That foreign tourists
and/or other members of the board. taking intoxicating liquor in said authorized hotels or
establishments are exempted from the provisions of this
(4) Any member of the board of canvassers who, subparagraph.
without authority of the Commission, uses in the canvass
of votes and/or proclamation of any candidate any (2) Any person who opens in any polling place or
document other than the official copy of the election within a radius of thirty meters thereof on election day
returns. and during the counting of votes, booths or stalls of any
kind for the sale, dispensing or display of wares,
(bb) Common to all boards of election inspectors and merchandise or refreshments, whether solid or liquid, or
boards of canvassers: for any other purposes.
(1) Any member of any board of election inspectors or (3) Any person who holds on election day, fairs,
board of canvassers who deliberately absents himself cockfights, boxing, horse races, jai-alai or any other
from the meetings of said body for the purpose of similar sports.
obstructing or delaying the performance of its duties or
functions. (4) Refusal to carry election mail matter. — Any
operator or employee of a public utility or transportation
(2) Any member of any board of election inspectors or company operating under a certificate of public
board of canvassers who, without justifiable reason, convenience, including government-owned or controlled
refuses to sign and certify any election form required by postal service or its employees or deputized agents who
this Code or prescribed by the Commission although he refuse to carry official election mail matters free of charge
was present during the meeting of the said body. during the election period. In addition to the penalty
(3) Any person who, being ineligible for appointment prescribed herein, such refusal shall constitute a ground
as member of any board of election inspectors or board of for cancellation or revocation of certificate of public
canvassers, accepts an appointment to said body, convenience or franchise.
assumes office, and actually serves as a member thereof, (5) Prohibition against discrimination in the sale of air
or any of public officer or any person acting in his behalf time. — Any person who operates a radio or television
who appoints such ineligible person knowing him to be station who without justifiable cause discriminates
ineligible. against any political party, coalition or aggroupment of
(4) Any person who, in the presence or within the parties or any candidate in the sale of air time. In addition
hearing of any board of election inspectors or board of to the penalty prescribed herein, such refusal shall
canvassers during any of its meetings, conducts himself constitute a ground for cancellation or revocation of the
in such a disorderly manner as to interrupt or disrupt the franchise.
work or proceedings to the end of preventing said body Section 262. Other election offenses. — Violation of
from performing its functions, either partly or totally. the provisions, or pertinent portions, of the following
(5) Any public official or person acting in his behalf sections of this Code shall constitute election offenses:
who relieves any member of any board of election Sections 9, 18, 74, 75, 76, 80, 81, 82, 83, 84, 85, 86, 87, 88, 89,
inspectors or board of canvassers or who changes or 95, 96, 97, 98, 99, 100, 101, 102, 103, 104, 105, 106 107, 108, 109,
causes the change of the assignments of any member of 110, 111, 112, 122, 123, 127, 128, 129, 132, 134, 135, 145, 148, 150,
said board of election inspectors or board of canvassers 152, 172, 173, 174, 178, 180, 182, 184, 185, 186, 189, 190, 191, 192,
without authority of the Commission. 194, 195, 196, 197, 198, 202, 203, 204, 205, 206, 207, 208, 209,
210, 211, 212, 213, 214, 215, 216, 217, 218, 219, 220, 223, 229, 230,
(cc) On candidacy and campaign: 231, 233, 234, 235, 236, 239 and 240. (as amended by RA No
(1) Any political party which holds political 7166)
conventions or meetings to nominate its official Section 263. Persons criminally liable. — The
candidates earlier that the period fixed in this Code. principals, accomplices, and accessories, as defined in the
(2) Any person who abstracts, destroys or cancels any Revised Penal Code, shall be criminally liable for election
certificate of candidacy duly filed and which has not been offenses. If the one responsible be a political party or an
cancelled upon order of the Commission. entity, its president or head, the officials and employees
of the same, performing duties connected with the
(3) Any person who misleads the board of election offense committed and its members who may be
inspectors by submitting any false or spurious certificate principals, accomplices, or accessories shall be liable, in
of candidacy or document to the prejudice of a addition to the liability of such party or entity.
candidate.
Section 264. Penalties. — Any person found guilty of
(4) Any person who, being authorized to receive any election offense under this Code shall be punished
certificates of candidacy, receives any certificate of with imprisonment of not less than one year but not
candidacy outside the period for filing the same and more than six years and shall not be subject to probation.
makes it appear that said certificate of candidacy was In addition, the guilty party shall be sentenced to suffer
filed on time; or any person who, by means of fraud, disqualification to hold public office and deprivation of



the right of suffrage. If he is a foreigner, he shall be commenced without delay, and shall be resolved by the
sentenced to deportation which shall be enforced after investigating officer within five days from its submission
the prison term has been served. Any political party found for resolution. The courts shall likewise give preference to
guilty shall be sentenced to pay a fine of not less than ten election offenses over all other cases, except petitions for
thousand pesos, which shall be imposed upon such party writ of habeas corpus. Their trial shall likewise be
after criminal action has been instituted in which their commenced without delay, and shall be conducted
corresponding officials have been found guilty. continuously until terminated, and the case shall be
In case of prisoner or prisoners illegally released from decided within thirty days from its submission for
any penitentiary or jail during the prohibited period as decision.
provided in Section 261, paragraph (n) of this Code, the
director of prisons, provincial warden, keeper of the jail or ARTICLE XXIII LEGAL FEES
prison, or persons who are required by law to keep said
Section 270. Collection of legal fees. — The
prisoner in their custody shall, if convicted by a
Commission is hereby authorized to collect fees as
competent court, be sentenced to suffer the penalty of
follows:
prision mayor in its maximum period if the prisoner or
prisoners so illegally released commit any act of (a) For furnishing certified transcript of records or
intimidation, terrorism of interference in the election. copies of any record, decision or ruling or entry of which
any person is entitled to demand and receive a copy, for
Any person found guilty of the offense of failure to
every page P 2.00
register or failure to vote shall, upon conviction, be fined
one hundred pesos. In addition, he shall suffer (b) For every certificate or writ or process 10.00
disqualification to run for public office in the next (c) For each certificate not on process 2.00
succeeding election following his conviction or be
appointed to a public office for a period of one year (d) In appropriate cases, for filing a second and
following his conviction. succeeding motions for reconsideration 50.00
Section 265. Prosecution. — The Commission shall, (e) For every search of any record of more than one
through its duly authorized legal officers, have the power, year's standing and reading the same 10.00
concurrent with the other prosecuting arms of the Section 271. Payment of Fees. — The fees mentioned
government, to conduct preliminary investigation of all in the preceding section shall be paid to the cashier of
election offenses punishable under this Code, and the Commission who shall in all cases issue a receipt for
prosecute the same (As amended by RA No 9369) the same and shall enter the amount received upon his
Section 266. Arrest in connection with the election book specifying the date when received, the fee, and the
campaign. — No person shall be arrested and/or person from whom received. The cashier shall
detained at any time for any alleged offense committed immediately report such payment to the Commission.
during and in connection with any election through any
act or language tending to support or oppose any ARTICLE XXIV TRANSITORY PROVISIONS
candidate, political party or coalition of political parties
under or pursuant to any order of whatever name or Section 272. Pending actions. — Pending actions
nature and by whomsoever issued except only upon a and causes of action arising before the effectivity of this
warrant of arrest issued by a competent judge after all Code shall be governed by the laws then in force.
the requirements of the Constitution shall have been Section 273. Designation of certain pre-election
strictly complied with. acts immediately after the approval of this Code. — If it
If the offense charged is punishable under a should no longer be reasonably possible to observe the
presidential decree whether originally or by amendment periods and dates herein prescribed for certain
of a previous law, the death penalty shall not be imposed pre-election acts in the election immediately following
upon the offender except where murder, rape or arson is the approval of this Code, the Commission shall fix other
involved. In all cases, the penalty shall not be higher than periods in order to ensure that voters shall not be
reclusion perpetua and the offender shall be entitled to deprived of their right of suffrage.
reasonable bail upon sufficient sureties to be granted Section 274. Accreditation of dominant opposition
speedily by the competent court. Moreover, loss of the party. — For purposes of the next local elections in 1986
right of citizenship and confiscation of property shall not and the next presidential elections in 1987 or earlier, the
be imposed. dominant opposition party shall be that political party,
Any officer or a person who shall violate any provision group or organization or coalition of major national or
of this section shall be punished by imprisonment of not regional political parties opposed to the majority party
less than six (6) years and one (1) day nor more than which has the capability to wage a bona fide nationwide
twelve (12) years, with the accessory penalties for election campaign as shown by the extent of its organization and
offenses. The provision of Section 267 of this Code shall the number of Members of Parliament affiliated with it:
not apply to prosecution under this section. Provided, however, That with specific reference to the
next local elections in constituencies which are
Section 267. Prescription. — Election offenses shall represented in the Batasang Pambansa by Members who
prescribe after five years from the date of their do not belong either to the majority party or to the
commission. If the discovery of the offense be made in an political party or coalition of political parties described
election contest proceedings, the period of prescription above, the representatives of the opposition in the board
shall commence on the date on which the judgment in of election inspectors, board of canvassers or other similar
such proceedings becomes final and executory. bodies shall be proposed exclusively by the party to which
Section 268. Jurisdiction of courts. — The regional said Member of the Batasang Pambansa belong:
trial court shall have the exclusive original jurisdiction to Provided, however, That it is registered before the next
try and decide any criminal action or proceedings for local elections.
violation of this Code, except those relating to the offense Any political party, group or organization or coalition
of failure to register or failure to vote which shall be under of political parties seeking accreditation under this
the jurisdiction of the metropolitan or municipal trial section shall file a verified petition with the Commission
courts. From the decision of the courts, appeal will lie as on Elections stating therein such information as may be
in other criminal cases. necessary to enable the Commission to determine the
Section 269. Preferential disposition of election qualifications for accreditation in accordance with the
offenses. — The investigation and prosecution of cases standard herein provided.
involving violations of the election laws shall be given
preference and priority by the Commission on Elections
and prosecuting officials. Their investigation shall be



The Commission on Elections shall accredit the election to elect a President and a Vice-president to be
dominant opposition party not later than thirty days held not earlier than forty-five days nor later than sixty
before the campaign period in every election. days from the time of such call. The bill calling such
In case a presidential election is held before the next special election shall be deemed certified under
local elections or before the presidential election in 1987, paragraph (2), Section 19, Article VIII of the Constitution
the provisions of the Constitution shall be enforced in and shall become law upon its approval on third reading
determining which shall be the dominant opposition by the Batasang Pambansa. Appropriations for the
party for purposes of the next local elections. special election shall be charged against any current
appropriations and shall be exempt from the
Section 275. Party representatives in the board of requirements of paragraph (4), Section 16 of Article VIII of
election inspectors. — Until such time as the two the Constitution. As provided in the third paragraph,
accredited political parties are determined in accordance Section 9 of Article VII thereof, the convening of the
with the provisions of the Constitution, the two members Batasang Pambansa cannot be suspended nor the
shall each be proposed by the ruling party and the special election postponed. No special election shall be
dominant opposition party as may be determined by the called if the vacancy occurs within seventy days before
Commission pursuant to the provisions of this Code. the date of the presidential election of 1987.
Section 276. Appropriations, and insurance for Appointments extended by the Acting President shall
board of election inspectors. — The cost of holding the remain effective, unless revoked by the newly elected
next local elections provided in this Code shall be funded President within ninety days from his assumption of
out of the current appropriations of the Commission on office.
Elections provided for this purpose. In case of deficiency,
additional funding may be provided out of the special Section 278. Special election to fill existing
activities fund intended for special priority activities vacancies in the Batasang Pambansa. — The election of
authorized in the General Appropriations Act. Members to fill existing vacancies in the Batasang
Pambansa shall be held simultaneously with the next
The chairman and the poll clerk of the board of local election in 1986 or in the next special national
election inspectors shall receive per diem at the rate of election for President and Vice-President if one is held
one hundred pesos on election day and fifty pesos on earlier.
each of the registration and revision days. The inspectors
of the political parties shall be granted a per diem of fifty Section 279. Elective officials in existing
pesos on election day and twenty-five pesos on each of sub-provinces. — The election of elective public officials
the registration and revision days. Education support in existing sub-provinces shall likewise be held
personnel of the Ministry of Education, Culture and simultaneously with the next local elections of 1986 and
Sports shall receive a per diem of twenty-five pesos 1990 in accordance with their respective charters, subject
during election day. to the same term, qualifications, manner of election and
resolution of election controversies as are herein provided
Supervisors, principals and other administrators of for comparable provincial elective officials.
the Ministry of Education, Culture and Sports who may be
asked by the Commission, and actually report, for
supervisory assignment during registration and election ARTICLE XXV FINAL PROVISIONS
day shall be entitled to a per diem of fifty pesos. Section 280. Reorganization of the Commission on
The provincial, city and municipal treasurers shall Elections. — In order to promote maximum efficiency in
receive per diem at the rate of one hundred pesos on carrying out its constitutional duty to insure free, orderly
election day. and honest elections and in discharging its judicial
powers and functions under the Constitution, the
Payments of per diems under this section shall be Commission is hereby authorized to reorganize its office
made within seventy-two hours after the election or within twelve months after the first election to be held
registration day. under this Code. It may create, merge, or abolish
The chairman, poll clerk and party representatives in departments, offices, divisions or units, redistribute
the board of election inspectors shall be insured with the functions and reassign personnel, change designations of
government Service Insurance System at fifty thousand existing positions subject to pertinent existing laws and
pesos each under terms and conditions that shall be regulations. It may recommend the levels and rates of
agreed upon by the Chairman of the Commission, the salaries of its subordinate officials and employees subject
Ministries of the Budget, and the Minister of Education, to the laws and regulations on civil service and
Culture and Sports. compensation, position classification and standardization
of salaries: Provided, That no permanent official or
Section 277. Special election for President before employee already in the service of the Commission, upon
1987. — In case a vacancy in the Office of the President approval of this Code, shall be laid off, or demoted in rank
occurs before the presidential election in 1987, the or salary.
Speaker of the Batasang Pambansa shall act as President
until a President and a Vice-President or either of them Section 281. Separability clause. — If for any reason
shall have been elected and shall have qualified. Their any section or provision of this Code, or any portion
term of office shall commence at noon of the tenth day thereof, or the application of such section, provision or
following their proclamation, and shall end at noon on portion to any person, group or circumstance is declared
the thirtieth day of June of the sixth year thereafter. invalid or unconstitutional, the remainder of this Code or
the application of such section, provision or portion
The Acting President may not declare martial law or thereof to other persons, groups or circumstances shall
suspend the privilege of the writ of habeas corpus not be affected by such declaration.
without the prior consent of at least a majority of all the
Members of the Batasang Pambansa, or issue any decree, Section 282. Repealing clause. — Presidential
order or letter of instructions while the lawmaking power Decree No. 1296, otherwise known as The 1978 Election
of the President is in force. He shall be deemed Code, as amended, is hereby repealed. All other election
automatically on leave and the Speaker Pro-Tempore laws, decrees, executive orders, rules and regulations, or
shall act as Speaker. While acting as President, the parts thereof, inconsistent with the provisions of this
Speaker may not be removed. He shall not be eligible for Code are hereby repealed, except Presidential Decree No.
election in the immediately succeeding election for 1618 and Batas Pambansa Blg. 20 governing the election
President and Vice-President. of the members of the Sangguniang Pampook of
Regions IX and XII.
The Batasang Pambansa shall, at ten o'clock in the
morning of the third day after the vacancy occurs, Section 283. Effectivity. — This Code shall take effect
convene in accordance with its rules without need of a upon its approval.
call and within seven days enact a law calling for a special



Approved, December 3, 1985. certificate of eligibility to vote absentee for each
particular voter.
Section 7. For the purpose of the 1987 congressional
EO No 157 | Local Absentee Voting Act election, the absentee voters shall vote only for
candidates for senator.
March 30, 1987
Section 8. The voters who cast absentee votes shall
vote one week before election day. They shall do so by
EXECUTIVE ORDER NO. 157 March 30, 1987 delivering to the Commission on Elections Regional
Director, or the Provincial Election Supervisor or the City
PROVIDING FOR ABSENTEE VOTING BY or Municipal Election Registrar of the place of their
OFFICERS AND EMPLOYEES OF GOVERNMENT assignment ballot within two security envelopes, the one
WHO ARE AWAY FROM THE PLACE OF THEIR containing the absentee ballots indicating only that it is
REGISTRATION BY REASON OF OFFICIAL an envelope of the Commission on Elections, and the
other envelope indicating the name of the absentee voter
FUNCTIONS ON ELECTION DAY and his/her affidavit number.
WHEREAS, under the electoral law now in force the Section 9. The Commission on Elections official
rule is that a person has to be physically present in the concerned to whom the absentee vote is delivered shall
polling place whereof he is a registered voter in order to immediately transmit by the fastest means available to
be able to vote; the Commission on Elections the special Commission on
WHEREAS, the only exception is that established by Elections absentee ballot within two security envelopes
Section 169 of Batas Pambansa Blg. 881, which allows so that the same are in the central office of the
members of the board of election inspectors to vote in Commission one day before the elections.
the polling place where they are assigned on election day, The transmittal letter shall indicate the names of the
under certain conditions; persons who cast the absentee votes, their voters'
WHEREAS, there are other persons who, by reason of affidavit numbers and their certificates of eligibility to
public functions and duties, are assigned on election day vote absentee.
in places other than their place of registration, and under Section 10. The Commission on Elections shall
existing rules, are thus unable to vote; canvass the votes cast by absentee voters and shall add
WHEREAS, the democratic principle requires the the results of the same to the votes reported throughout
broadest participation in electoral and similar exercises by the country.
persons who have all the qualifications and none of the Section 11. The Commission shall promulgate the
disqualifications to vote; necessary rules and regulations to implement this
WHEREAS, government officials and employees who Executive Order.
are assigned to places other than their place of Section 12. Section 169 of Batas Pambansa Blg. 881
registration must not be deprived of their right to shall remain in force and effect, and shall continue to
participate in electoral exercises; govern the voting privilege of members of the Board of
NOW, THEREFORE, I, CORAZON C. AQUINO, Election Inspectors. All laws, orders, issuances, rules and
President of the Philippines, do hereby order: regulations or parts thereof inconsistent with this
Section 1. Any person who by reason of public Executive Order are hereby repealed or modified
functions and duties, is not in his/her place of registration accordingly.
on election day, may vote in the city/municipality where Section 13. This Executive Order shall take effect
he/she is assigned on election day: Provided, That he/she immediately.
is a duly registered voter. Done in the City of Manila, this 30th day of March, in
Section 2. Thirty (30) days before the election, the the year of Our Lord, nineteen hundred and eighty-seven.
appropriate head of office shall submit to the
Commission on Elections a list of officers and employees
of the office who are registered voters, and who, by
reason of their duties and functions, will be in places RA No 6646 | The Electoral Reforms Law
other than their place of registration, and who desire to
exercise their right to vote, with the request that said
of 1987
As amended by RA No 9369
officers and employees be provided with application
forms to cast absentee ballots in their place of
assignment. Republic Act No. 6646 January 5, 1988
The list and the request shall be under oath. AN ACT INTRODUCING ADDITIONAL REFORMS IN THE
Section 3. Upon verification by the Commission on ELECTORAL SYSTEM AND FOR OTHER PURPOSES
Elections that the persons included in the list are Be it enacted by the Senate and House of
qualified voters, it shall transmit the exact number of Representatives of the Philippines in Congress
application forms to the head of the office making the assembled::
request.
Section 1. Title. — This Act shall be known and cited
Section 4. The application forms shall be returned as "The Electoral Reforms Law of 1987."
only accomplished to the Commission on Elections not
later than April 25, 1987. Section 2. Law Governing Elections. — The first local
elections under the New Constitution and all subsequent
Section 5. Upon verification of the applications, the elections and plebiscites shall be governed by this act
Commission shall transmit the exact number of absentee and by the provisions of Batas Pambansa Blg. 881,
ballots to the appropriate head of the government office otherwise known as the Omnibus Election Code of the
for distribution to the applicants. Philippines, and other election laws not inconsistent with
Section 6. The head of the office shall prepare a this Act.
sworn report on the manner of distribution of the Section 3. Voters in Cities. — The registered voters of
absentee ballots, indicating therein the number of ballots a highly urbanized city shall not vote in the election for
transmitted to each province, the names of the persons provincial officials of the province in which it is located.
to whom the absentee ballots are delivered, and the serial No component city shall be declared or classified as a
numbers of ballots. It shall be accompanied by a highly urbanized city within sixty (60) days prior to a local
election.


The registered voters of a component city shall be disqualified and he is voted for and receives the winning
entitled to vote in the election for the provincial officials number of votes in such election, the Court or
of the province of which it is a part, unless its charter Commission shall continue with the trial and hearing of
provides otherwise. the action, inquiry, or protest and, upon motion of the
Section 4. Certificates of Candidacy; Certified List of complainant or any intervenor, may during the pendency
Candidates. — The certificates of candidacy shall be filed thereof order the suspension of the proclamation of such
in twelve legible signed copies with the offices candidate whenever the evidence of his guilt is strong.
mentioned in Section 75 of Batas Pambansa Blg. 881. In Section 7. Petition to Deny Due Course To or Cancel
cities with more than one election registrar, the a Certificate of Candidacy. — The procedure
Commission on Elections, hereinafter referred to as the hereinabove provided shall apply to petitions to deny due
Commission, shall designate the election registrar who course to or cancel a certificate of candidacy as provided
shall receive the certificates of candidacy. in Section 78 of Batas Pambansa Blg. 881.
In lieu of the additional copies of the certificate of Section 8. Representatives of Parties During
candidacy equal to twice the number of polling places Printing of Returns and Ballots. — The registered
which a candidate is required to file under said Section political parties or coalitions of parties, or their
75, the Commission shall cause to be printed certified lists components should there be any dissolution or division of
of candidates containing the names of all registered said coalition, whose candidates obtained at least ten
candidates for each office to be voted for in each percent (10%) of the total votes cast in the next preceding
province, city or municipality immediately followed by the senatorial election shall each have a watcher and/or
nickname or stage name of each candidate duly representative in the procurement and watermarking of
registered in his certificate of candidacy and his political papers not be used in the printing of election returns and
party affiliation, if any. Said list shall be posted inside each official ballots and in the printing, numbering, storage,
voting booth during the voting period. and distribution thereof.
Whenever practicable, the board of inspectors shall Section 9. Public Forum. — The Commission shall
cause said list of candidates to be written clearly and encourage non-political, non-partisan private or civic
legibly on the blackboard or on manila paper for posting organizations to initiate and hold in every city and
at a conspicuous place inside the polling place. municipality, public for a at which all registered
The names of all registered candidates immediately candidates for the same office may simultaneously and
followed by the nickname or stage name shall also be personally participate to present, explain, and/or debate
printed in the election returns and tally sheets. on their campaign platforms and programs and other like
issues. The Commission shall promulgate, the rules and
Section 5. Procedure in Cases of Nuisance regulations for the holding of such for a to assure its
Candidates. - nonpartisan character and the equality of access thereto
(a) A Verified petition to declare a duly registered by all candidates.
candidate as a nuisance candidate under Section 69 of Section 10. Common Poster Areas. —
Batas Pambansa Blg. 881 shall be filed personally or
through duly authorized representative with the Section 11. Prohibited Forms of Election
Commission by any registered candidate for the same Propaganda. — (as amended by RA No 9006)
office within five (5) days from the last day for the filing of Section 12. Official Watchers. — Every registered
certificates of candidacy. Filing by mail not be allowed. political party, coalition of political parties, and every
(b) Within three (3) days from the filing of the candidate shall each be entitled to one watcher in every
petition, the Commission shall issue summons to the polling place: Provided, That candidates for members of
respondent candidate together with a copy of the the Sangguniang Panlalawigan, Sangguniang
petition and its enclosures, if any. Panlungsod or Sangguniang Bayan or for city or
municipal councilors belonging to the same slate or
(c) The respondent shall be given three (3) days from ticket shall collectively entitled only to one watcher.
receipt of the summons within which to file his verified
answer (not a motion to dismiss) to the petition, serving There shall also be recognized two principal watchers,
copy thereof upon the petitioner. Grounds for a motion to one representing the ruling coalition and the other the
dismiss may be raised as a affirmative defenses. dominant opposition coalition, who shall sit as observers
in the proceedings of the board. The principal watcher
(d) The Commission may designate any of its officials shall be designated on the basis of the recommendation
who are lawyers to hear the case and receive evidence. of the ruling coalition, represented by the political party of
The proceeding shall be summary in nature. In lieu of oral the incumbent elected district representative, and of the
testimonies, the parties may be required to submit dominant opposition coalition, represented by the
position papers together with affidavits or political party which performed best or which polled at
counter-affidavits and other documentary evidence. The least ten percent (10%) of the votes in the last national
hearing officer shall immediately submit to the election.
Commission his findings, reports, and recommendations
within five (5) days from the completion of such A duly signed appointment of a watcher shall entitle
submission of evidence. The Commission shall render its him to recognition by the board of election inspectors
decision within five (5) days from receipt thereof. and the exercise of his rights and discharge of his duties
as such: Provided, however, That only one watcher of each
(e) The decision, order, or ruling of the Commission of those authorized to appoint them can stay at any time
shall, after five (5) days from receipt of a copy thereof by inside the polling place.
the parties, be final and executory unless stayed by the
Supreme Court. The watchers shall be permitted full and unimpeded
access to the proceedings so that they can read the
(f) The Commission shall within twenty-four hours, names of those written on the ballots being counted with
through the fastest available means, disseminate its unaided natural vision, consistent with good order in the
decision or the decision of the Supreme Court to the city polling place.
or municipal election registrars, boards of election
inspectors and the general public in the political In addition to their rights and duties under Section
subdivision concerned. 179 of Batas Pambansa Blg. 881, the two principal
watchers representing the ruling coalition and the
Section 6. Effect of Disqualification Case. — Any dominant opposition in a precinct shall, if available, affix
candidate who has been declared by final judgment to their signatures and thumbmarks on the election returns
be disqualified shall not be voted for, and the votes cast for that precinct. If both or either of them is not available,
for him shall not be counted. If for any reason a candidate unwilling or should they refuse to do so, any watcher
is not declared by final judgment before an election to be present, preferably with political affiliation or alignment


compatible with that of the absent or unwilling watcher, the city or municipal treasurer who, in the pre-large to
may be required by the board of election inspectors to do enable the public to read them, builtized representative,
so. shall immediately and publicly open the same and post
Section 13. Board of Election Inspectors. — The the votes therein in an election board, sufficiently large to
board of election inspectors to be constituted by the enable to public to read them, built on a public place
Commission under Section 164 of Batas Pambansa Blg. preferably within the immediate vicinity of the city hall of
881 shall be composed of a chairman and two (2) municipal building. The fifth copy shall be deposited in
members, one of whom shall be designated as poll clerk, the compartment of the ballot box for valid ballots. The
all of whom shall be public school teachers, giving sixth copy shall be delivered to the city or municipal trial
preference to those with permanent appointments. In judge or municipal circuit trial judge, as the case may be,
case there are not enough public school teachers, or in his absence to any official who may be designated
teachers in private schools, employees in the civil service, by the Commission for safekeeping. Said copy maybe
or other citizens of known probity and competence who opened during the canvass upon order of the board of
are registered voters of the city or municipality may be canvassers for purposes of comparison with other copies
appointed for election duty. of the returns whose authenticity is in question.
Section 14. Per Diems of Boards of Election The city or municipal treasurer shall issue certified
Inspectors and Other Personnel. — The chairman and copy of any election returns in his possession upon
the members of the boards of election inspectors shall request of any interested party and payment of the fees
each be paid a per diem of One hundred pesos (P100.00) required by existing ordinances.
on each registration or revision day and Two hundred The Commission shall promulgate rules for the
pesos (P200.00) on election day. speedy and safe delivery or preservation of the election
Support personnel from the Department of returns.
Education, Culture and Sports shall each receive a per Section 20. Boards of Canvassers. — There shall be a
diem of P50.00 during election day. Supervisors, board of canvassers for each province, city and
principals and other administrators of the Department of municipality as follows:
Education, Culture and Sports, who may be required by (a) Provincial Board of Canvassers. — The provincial
the Commission to perform election duties shall each be board of canvassers shall be composed of the provincial
entitled to a per diem of P100.00. election supervisor or a lawyer in the regional office of the
Provincial, city and municipal treasurers shall each Commission, as chairman, the provincial fiscal, as
receive a per diem of P200.00 on election day. vice-chairman, and the provincial superintendent of
Section 15. Signatures of Chairman and Poll Clerk at schools, as member.
the Back of Every Ballot. — In addition to the preliminary (b) City Board of Canvassers. — The city board of
acts before the voting as enumerated in Section 191 of canvassers shall be composed of the city election
Batas Pambansa Blg. 881, the chairman and the poll clerk registrar or a lawyer of the Commission, as chairman, the
of the board of election inspectors shall affix their city fiscal, as vice-chairman, and the city superintendent
signatures at the back of each and every official ballot to of schools, as member. In cities with more than one
be used during the voting. A certification to that effect election registrar, the Commission shall designate the
must be entered in the minutes of the voting. election registrar who shall act as chairman.
Section 16. Certificates of Votes. — After the (c) Municipal Board of Canvassers. — The municipal
counting of the votes cast in the precinct and board of canvassers shall be composed of the election
announcement of the results of the election, and before registrar or a representative of the Commission, as
leaving the polling place, the board of election inspectors chairman, the municipal treasurer, as vice-chairman, and
shall issue a certificate of votes upon request of the duly the most senior district school supervisor or in his
accredited watchers. The certificate shall contain the absence a principal of the school district or the
number of votes obtained by each candidate written in elementary school, as member.
words and figures, the number of the precinct, the name The proceedings of the board of canvassers shall be
of the city or municipality and province, the total number open and public.
of voters who voted in the precinct and the date and time
issued, and shall be signed and thumbmarked by each Section 21. Substitution of Chairman and Members
member of the board. of the Board of Canvassers. — In case of non-availability,
absence, disqualification due to relationship, or incapacity
Section 17. Certificate of Votes as Evidence. — The for any cause of the chairman, the Commission shall
provisions of Sections 235 and 236 of Batas Pambansa appoint as substitute a ranking lawyer of the
Blg. 881 notwithstanding, the certificate of votes shall be Commission. With respect to the other members of the
admissible in evidence to prove tampering, alteration, board, the Commission shall appoint as substitute the
falsification or any anomaly committed in the election following in the order named: The Provincial Auditor, the
returns concerned, when duly authenticated by Registrar of Deeds, the Clerk of Court nominated by the
testimonial or documentary evidence presented to the Executive Judge of the Regional Trial Court, and any other
board of canvassers by at least two members of the board available appointive provincial official in the case of the
of election inspectors who issued the certificate: provincial board of canvassers; the officials in the city
Provided, That failure to present any certificate of votes corresponding to those enumerated, in the case of the
shall be a bar to the presentation of other evidence to city board of canvassers; and the Municipal Administrator,
impugn the authenticity of the election returns. the Municipal Assessor, the Clerk of Court nominated by
Section 18. Transfer of Counting of Votes to Safer the Executive Judge of the Municipal Trial Court, or any
Place. —. (as repealed by RA No 9369) other available appointive municipal officials, in the case
Section 19. Number of Copies of Election Returns of the municipal board of canvassers.
and their Distribution. — The election returns required Section 22. Canvassing Committees. — The board of
under Section 212 of Batas Pambansa Blg. 881 shall be canvasser may constitute such number of canvassing
prepared in sextuplicate. The first copy shall be delivered committees as may be necessary to enable the board of
to the city or municipal board of canvassers as a boy for complete the canvass within the period prescribed under
its use in the city or municipal canvass. The second copy Section 231 of Batas Pambansa Blg. 881: Provided, That
shall be delivered to the election registrar of the city or each committee shall be composed of three members,
municipality for transmittal to the provincial board of each member to be designated by the chairman and
canvassers for its use in the provincial canvass. The third members of the board and that all candidates shall be
copy shall likewise be delivered to the election registrar notified in writing, before the election, of the number of
for transmittal to the Commission. The fourth copy, to be committees to be constituted so that they can designate
known as advance election returns, shall be delivered to



their watchers in each committee. The committees shall proper verification and hearing ,to credit the correct votes
be under the direct supervision and control of the board. or deduct such tampered votes: Provided, however, That
Section 23. Notice of Meetings of the Board. — At when the tampering, increase or decrease of votes or the
least five (5) days before the initial meeting of the board refusal to credit the correct votes and /or to deduct
of canvassers, the chairman of the board shall give tampered to deduct tampered votes are perpetrated on
written notice to all members thereof and to each large scale or in substantial numbers, the same shall be
candidate and political party presenting candidates for considered not as an ordinary election offense under
election in the political subdivision concerned of the date, Section 261 of the omnibus election code. But a special
time and place of the meeting. Similar notice shall also be election offense to be known as electoral sabotage and
given for subsequent meetings unless notice has been the penalty to be imposed shall be life imprisonment.
given in open session of the board. Proof of service of The act or offense committed shall fall under the
notice to each member, candidate and political party category of electoral sabotage in any of the following
shall be attached to and shall form part of the records of instances;
the proceedings. If notice is given in open session, such (1) When the tampering, increase and / or decrease of
fact shall be recorded in the minutes of the proceedings. votes perpetrated or the refusal to credit the correct votes
Section 24. Proceedings of the Board. — The board or to deduct tampered votes, is/are committed in the
of canvassers shall have full authority to keep order within election of a national elective office which is voted upon
the canvassing room or hall, and its premises and enforce nationwide and the tampering, increase and/ or decrease
obedience to its lawful orders. If any person shall refuse to votes refusal to credit the correct votes or to deduct
obey any lawful order of the board or shall so conduct tampered votes, shall adversely affect the results of the
himself in such disorderly manner as to disturb or election to the said national office to the extent that
interrupt its proceedings, the board may order any peace losing candidate/s is /are made to appear the winner/s;
officer to take such person in custody until the (2) Regardless of the elective office involved, when
adjournment of the meeting. the tampering, increase and/or decrease of votes
Section 25. Right to be Present and to Counsel committed or the refusal to credit the correct votes or to
During the Canvass. — Any registered political party, deduct tampered votes perpetrated , is a accomplished in
coalition of parties, through their representatives, and any a single election document or in the transposition of the
candidate has the right to be present and to counsel figure / results from one election document to another
during the canvass of the election returns: Provided, That and involved in the said tampering increase and/or
only one counsel may argue for each political party or decrease or refusal to credit correct votes or deduct
candidate. They shall have the right to examine the tampered votes exceed five thousand (5,000) votes, and
returns being canvassed without touching them, make that the same adversely affects the true results of the
their observations thereon, and file their challenges in election;
accordance with the rules and regulations of the (3) Any and all other forms or tampering increase/s
Commission. No dilatory action shall allowed by the board and/ or decrease/s of votes perpetuated or in cases of
of canvassers. refusal to credit the correct votes or deduct the tampered
Section 26. COMELEC Hearings and Proceedings. — votes, where the total votes involved exceed ten thousand
In all hearings, inquiries, and proceedings of the (10,000) votes;
Commission, including preliminary investigations of Provided finally; That any and all other persons or
election offenses, no person subpoenaed to testify as a individuals determined to be conspiracy or in connivance
witness shall be excused from attending and testifying or with the members of the BEIs or BOCs involved, shall be
from producing books, papers, correspondence, meted the same penalty of life imprisonment.
memoranda and other records on the ground that the
testimony or evidence, documentary or otherwise, (as amended by RA No 9369)
required of him, may tend to incriminate him or subject (c) Any member of the board of election inspectors
him to prosecution: Provided, That no person shall be who refuses to issue to duly accredited watchers the
prosecuted criminally for or on account of any matter certificate of votes provided in Section 16 hereof.
concerning which he is compelled, after having claimed
the privilege against self-incrimination, to testify and (d) Any person who violates Section 11 hereof
produce evidence, documentary or otherwise. regarding prohibited forms of election propaganda.
Under such terms and conditions as it may (e) Any chairman of the board of canvassers who fails
determine, the Commission may grant immunity from to give notice of meeting to other members of board,
criminal prosecution to any person whose testimony or candidate or political party as required under Section 23
whose possession and production of documents or other hereof.
evidence may be necessary to determine the truth in any (f) Any person declared as nuisance candidate as
hearing, inquiry or proceeding being conducted by the defined under Section 69 of Batas Pambansa Blg. 881, or
Commission or under its authority, in the performance or is otherwise disqualified, by final and executory
in the furtherance of its constitutional functions and judgment, who continue to misrepresent himself, or
statutory objectives. The immunity granted under this holds himself out, as a candidate, such as by continuing
and the immediately preceding paragraph shall not to campaign thereafter, and/or other public officer or
exempt the witness from criminal prosecution for perjury private individual, who knowingly induces or abets such
or false testimony. misrepresentation, by commission or omission, shall be
Section 27. Election Offenses; Electoral Sabotage. — guilty of an election offense and subject to the penalty
In addition to the prohibited acts and election offenses provided in Section 264 of the same Code.
enumerated in Sections 261 and 262 of Batas Pambansa Section 28. Prosecution of Vote-buying and
Blg. 881, as amended, the following shall be guilty of an Vote-selling. — The presentation of a complaint for
election offense: violations of paragraph (a) or (b) of Section 261 of Batas
(a) Any person who causes the printing of official Pambansa Blg. 881 supported by affidavits of
ballots and election returns by any printing complaining witnesses attesting to the offer or promise
establishment which is not under contract with the by or of the voter's acceptance of money or other
Commission on Elections and any printing establishment consideration from the relatives, leaders or sympathizers
which undertakes such unauthorized printing. of a candidate, shall be sufficient basis for an
investigation to be immediately conducted by the
(b) Any person or member of the board of election Commission, directly or through its duly authorized legal
inspectors or board of canvassers who tampers, increases officers, under Section 68 or Section 265 of said Batas
or decreases the votes received by a candidates in any Pambansa Blg. 881.
election or any member of the board who refuses after


Proof that at least one voter in different precincts
representing at least twenty percent (20%) of the total I. — General Provisions
precincts in any municipality, city or province has been
Section 1. Title. — This Act shall be known as "The
offered, promised or given money, valuable consideration
Initiative and Referendum Act."
or other expenditure by a candidate's relatives, leaders
and/or sympathizers for the purpose of promoting the Section 2. Statement of Policy. — The power of the
election of such candidate, shall constitute a disputable people under a system of initiative and referendum to
presumption of a conspiracy under paragraph (b) of directly propose, enact, approve or reject, in whole or in
Section 261 of Batas Pambansa Blg. 881. part, the Constitution, laws, ordinances, or resolutions
passed by any legislative body upon compliance with the
Where such proof affect at least twenty percent (20%)
requirements of this Act is hereby affirmed, recognized
of the precincts of the municipality, city or province to
and guaranteed.
which the public office aspired by the favored candidate
relates, the same shall constitute a disputable Section 3. Definition of Terms. — For purposes of this
presumption of the involvement of such candidate and of Act, the following terms shall mean:
his principal campaign managers in each of the (a) "Initiative" is the power of the people to propose
municipalities concerned, in the conspiracy. amendments to the Constitution or to propose and enact
The giver, offerer, and promisor as well as the solicitor, legislations through an election called for the purpose.
acceptor, recipient and conspirator referred to in There are three (3) systems of initiative, namely:
paragraphs (a) and (b) of Section 261 of Batas Pambansa
Blg. 881 shall be liable as principals: Provided, That any a.1 Initiative on the Constitution which refers to a
persons, otherwise guilty under said paragraphs who petition proposing amendments to the Constitution;
voluntarily gives information and willingly testifies on any a.2. Initiative on statutes which refers to a petition
violation thereof in any official investigation or proposing to enact a national legislation; and
proceeding shall be exempt from prosecution and
punishment for the offenses with reference to which his a.3. Initiative on local legislation which refers to a
information and testimony were given: Provided, further, petition proposing to enact a regional, provincial, city,
That nothing herein shall exempt such person from municipal, or barangay law, resolution or ordinance.
criminal prosecution for perjury or false testimony. (b) "Indirect initiative" is exercise of initiative by the
Section 29. Designation of Other Dates for certain people through a proposition sent to Congress or the
Pre-election Acts. — If it should no longer be reasonably local legislative body for action.
possible to observe the periods and dates prescribed by (c) "Referendum" is the power of the electorate to
law for certain pre-election acts, the Commission shall fix approve or reject a legislation through an election called
other periods and dates in order to ensure for the purpose. It may be of two classes, namely:
accomplishment of the activities so voters shall not be
c.1. Referendum on statutes which refers to a petition
deprived of their right of suffrage.
to approve or reject an act or law, or part thereof, passed
Section 30. Effectivity of Regulations and Orders of by Congress; and
the Commission. — The rules and regulations
c.2. Referendum on local law which refers to a
promulgated by the Commission shall take effect on the
petition to approve or reject a law, resolution or ordinance
seventh day after their publication in the Official Gazette
enacted by regional assemblies and local legislative
or in at least two (2) daily newspapers of general
bodies.
circulation in the Philippines.
(d) "Proposition" is the measure proposed by the
Orders and directives issued by the Commission shall
voters.
be furnished by personal delivery to all parties concerned
within forty-eight (48) hours from date of issuance and (e) "Plebiscite" is the electoral process by which an
shall take effect immediately upon receipt thereof unless initiative on the Constitution is approved or rejected by
a later date is expressly specified in such orders or the people.
directives. (f) "Petition" is the written instrument containing the
Section 31. Repealing Clause. — All laws, executive proposition and the required number of signatories. It
orders, rules and regulations, or any part thereof shall be in a form to be determined by and submitted to
inconsistent herewith are deemed repealed or modified the Commission on Elections, hereinafter referred to as
accordingly. the Commission.
Section 32. Separability Clause. — If for any reason, (g) "Local government units" refers to provinces, cities,
any section or provision of this act or any part thereof, or municipalities and barangays.
the application if such section, provision or portion is (h) "Local legislative bodies" refers to the
declared invalid or unconstitutional, the remainder Sangguniang Panlalawigan, Sangguniang Panlungsod,
thereof shall not be affected by such declaration. Sangguniang Bayan, and Sangguniang Nayon.
Section 33. Effectivity. — This Act shall take effect (i) "Local executives" refers to the Provincial
upon its approval. Governors, City or Municipal Mayors and Punong
Approved: January 5, 1988 Barangay, as the case may be.
Section 4. Who may exercise. — The power of
initiative and referendum may be exercised by all
RA No 6735 | The Initiative and registered voters of the country, autonomous regions,
provinces, cities, municipalities and barangays.
Referendum Act Section 5. Requirements. — (a) To exercise the power
of initiative or referendum, at least ten per centum (10%)
of the total number of the registered voters, of which
Republic Act No. 6735 August 4, 1989 every legislative district is represented by at least three
AN ACT PROVIDING FOR A SYSTEM OF INITIATIVE AND per centum (3%) of the registered voters thereof, shall
REFERENDUM AND APPROPRIATING FUNDS THEREFOR sign a petition for the purpose and register the same with
the Commission.
Be it enacted by the Senate and House of
Representatives of the Philippines in Congress (b) A petition for an initiative on the 1987 Constitution
assembled:: must have at least twelve per centum (12%) of the total
number of registered voters as signatories, of which every
legislative district must be represented by at least three


per centum (3%) of the registered voters therein. Initiative newspaper of general circulation in the Philippines. If, as
on the Constitution may be exercised only after five (5) certified by the Commission, the proposition to reject a
years from the ratification of the 1987 Constitution and national law is approved by a majority of the votes cast,
only once every five (5) years thereafter. the said national law shall be deemed repealed and the
(c) The petition shall state the following: repeal shall become effective fifteen (15) days following
the completion of publication of the proposition and the
c.1. contents or text of the proposed law sought to be certification by the Commission in the Official Gazette or
enacted, approved or rejected, amended or repealed, as in a newspaper of general circulation in the Philippines.
the case may be;
However, if the majority vote is not obtained, the
c.2. the proposition; national law sought to be rejected or amended shall
c.3. the reason or reasons therefor; remain in full force and effect.
c.4. that it is not one of the exceptions provided (b) The proposition in an initiative on the Constitution
herein; approved by a majority of the votes cast in the plebiscite
shall become effective as to the day of the plebiscite.
c.5. signatures of the petitioners or registered voters;
and (c) A national or local initiative proposition approved
by majority of the votes cast in an election called for the
c.6. an abstract or summary in not more than one purpose shall become effective fifteen (15) days after
hundred (100) words which shall be legibly written or certification and proclamation by the Commission.
printed at the top of every page of the petition.
Section 10. Prohibited Measures. — The following
(d) A referendum or initiative affecting a law, cannot be the subject of an initiative or referendum
resolution or ordinance passed by the legislative petition:
assembly of an autonomous region, province or city is
deemed validly initiated if the petition thereof is signed (a) No petition embracing more than one (1) subject
by at least ten per centum (10%) of the registered voters in shall be submitted to the electorate; and
the province or city, of which every legislative district (b) Statutes involving emergency measures, the
must be represented by at least three per centum (3%) of enactment of which are specifically vested in Congress by
the registered voters therein; Provided, however, That if the Constitution, cannot be subject to referendum until
the province or city is composed only of one (1) legislative ninety (90) days after its effectivity.
district, then at least each municipality in a province or
each barangay in a city should be represented by at least Section 11. Indirect Initiative. — Any duly accredited
three per centum (3%) of the registered voters therein. people's organization, as defined by law, may file a
petition for indirect initiative with the House of
(e) A referendum of initiative on an ordinance passed Representatives, and other legislative bodies. The petition
in a municipality shall be deemed validly initiated if the shall contain a summary of the chief purposes and
petition therefor is signed by at least ten per centum contents of the bill that the organization proposes to be
(10%) of the registered voters in the municipality, of which enacted into law by the legislature.
every barangay is represented by at least three per
centum (3%) of the registered voters therein. The procedure to be followed on the initiative bill
shall be the same as the enactment of any legislative
(f) A referendum or initiative on a barangay resolution measure before the House of Representatives except that
or ordinance is deemed validly initiated if signed by at the said initiative bill shall have precedence over the
least ten per centum (10%) of the registered voters in said pending legislative measures on the committee.
barangay.
Section 12. Appeal. — The decision of the
Section 6. Special Registration. — The Commission Commission on the findings of the sufficiency or
on Election shall set a special registration day at least insufficiency of the petition for initiative or referendum
three (3) weeks before a scheduled initiative or may be appealed to the Supreme Court within thirty (30)
referendum. days from notice thereof.
Section 7. Verification of Signatures. — The Election
Registrar shall verify the signatures on the basis of the III. — Local Initiative and Referendum
registry list of voters, voters' affidavits and voters
identification cards used in the immediately preceding SECTION 13. Procedure in Local Initiative. — (a) Not
election. less than two thousand (2,000) registered voters in case of
autonomous regions, one thousand (1,000) in case of
provinces and cities, one hundred (100) in case of
II. — National Initiative and Referendum municipalities, and fifty (50) in case of barangays, may file
SECTION 8. Conduct and Date of Initiative or a petition with the Regional Assembly or local legislative
Referendum. — The Commission shall call and supervise body, respectively, proposing the adoption, enactment,
the conduct of initiative or referendum. repeal, or amendment, of any law, ordinance or
resolution.
Within a period of thirty (30) days from receipt of the
petition, the Commission shall, upon determining the (b) If no favorable action thereon is made by local
sufficiency of the petition, publish the same in Filipino legislative body within (30) days from its presentation, the
and English at least twice in newspapers of general and proponents through their duly authorized and registered
local circulation and set the date of the initiative or representative may invoke their power of initiative, giving
referendum which shall not be earlier than forty-five (45) notice thereof to the local legislative body concerned.
days but not later than ninety (90) days from the (c) The proposition shall be numbered serially starting
determination by the Commission of the sufficiency of from one (1). The Secretary of Local Government or his
the petition. designated representative shall extend assistance in the
Section 9. Effectivity of Initiative or Referendum formulation of the proposition.
Proposition. — (a) The Proposition of the enactment, (d) Two or more propositions may be submitted in an
approval, amendment or rejection of a national law shall initiative.
be submitted to and approved by a majority of the votes
cast by all the registered voters of the Philippines. (e) Proponents shall have one hundred twenty (120)
days in case of autonomous regions, ninety (90) days in
If, as certified to by the Commission, the proposition case of provinces and cities, sixty (60) days in case of
is approved by a majority of the votes cast, the national municipalities, and thirty (30) days in case of barangays,
law proposed for enactment, approval, or amendment from notice mentioned in subsection (b) hereof to collect
shall become effective fifteen (15) days following the required number of signatures.
completion of its publication in the Official Gazette or in a


(f) The petition shall be signed before the Election
Registrar, or his designated representative, in the IV. — Final Provisions
presence of a representative of the proponent, and a
SECTION 19. Applicability of the Omnibus Election
representative of the regional assemblies and local
Code. — The Omnibus Election Code and other election
legislative bodies concerned in a public place in the
laws, not inconsistent with the provisions of this Act, shall
autonomous region or local government unit, as the case
apply to all initiatives and referenda.
may be. Signature stations may be established in as many
places as may be warranted. Section 20. Rules and Regulations. — The
Commission is hereby empowered to promulgate such
(g) Upon the lapse of the period herein provided, the
rules and regulations as may be necessary to carry out
Commission on Elections, through its office in the local
the purposes of this Act.
government unit concerned shall certify as to whether or
not the required number of signatures has been Section 21. Appropriations. — The amount necessary
obtained. Failure to obtain the required number is a to defray the cost of the initial implementation of this Act
defeat of the proposition. shall be charged against the Contingent Fund in the
General Appropriations Act of the current year. Thereafter,
(h) If the required number of the signatures is
such sums as may be necessary for the full
obtained, the Commission shall then set a date for the
implementation of this Act shall be included in the
initiative at which the proposition shall be submitted to
annual General Appropriations Act.
the registered voters in the local government unit
concerned for their approval within ninety (90) days from Section 22. Separability Clause. — If any part or
the date of certification by the Commission, as provided provision of this Act is held invalid or unconstitutional, the
in subsection (g) hereof, in case of autonomous regions, other parts or provisions thereof shall remain valid and
sixty (60) days in case of the provinces and cities, forty-five effective.
(45) days in case of municipalities, and thirty (30) days in Section 23. Effectivity. — This Act shall take effect
case of barangays. The initiative shall then be held on the fifteen (15) days after its publication in a newspaper of
date set, after which the results thereof shall be certified general circulation.
and proclaimed by the Commission on Elections.
Approved: August 4, 1989
Section 14. Effectivity of Local Propositions. — If the
proposition is approved by a majority of the votes cast, it
shall take effect fifteen (15) days after certification by the
Commission as if affirmative action thereon had been RA No 7166 | Synchronized National and
made by the local legislative body and local executive
concerned. If it fails to obtain said number of votes, the Local Elections Act
proposition is considered defeated. As amended by RA Nos 7887, 8045, 8173, 9369
Section 15. Limitations on Local Initiatives. — (a) The
power of local initiative shall not be exercised more than Republic Act No. 7166 November 26, 1991
once a year.
AN ACT PROVIDING FOR SYNCHRONIZED NATIONAL
(b) Initiative shall extend only to subjects or matters AND LOCAL ELECTIONS AND FOR ELECTORAL
which are within the legal powers of the local legislative REFORMS, AUTHORIZING APPROPRIATIONS THEREFOR,
bodies to enact. AND FOR OTHER PURPOSES
(c) If at any time before the initiative is held, the local Be it enacted by the Senate and House of
legislative body shall adopt in toto the proposition Representatives of the Philippines in Congress
presented, the initiative shall be cancelled. However, assembled::
those against such action may, if they so desire, apply for
initiative in the manner herein provided. Section 1. Statement of Policy. — It is the policy of
the State to synchronize elections so that there shall be
Section 16. Limitations Upon Local Legislative simultaneous regular elections for national and local
Bodies. — Any proposition or ordinance or resolution officials once every three (3) years.
approved through the system of initiative and
referendum as herein provided shall not be repealed, Section 2. Date of Elections. — In accordance with
modified or amended, by the local legislative body the policy hereinbefore stated, there shall be an election
concerned within six (6) months from the date therefrom, for President, Vice-President, twenty-four (24) Senators, all
and may be amended, modified or repealed by the local elective Members of the House of Representatives, and all
legislative body within three (3) years thereafter by a vote elective provincial, city and municipal officials on the
of three-fourths (3/4) of all its members: Provided, second Monday of May, 1992. Thereafter, the President
however, that in case of barangays, the period shall be and Vice-President shall be elected on the same day
one (1) year after the expiration of the first six (6) months. every six (6) years; while the Senators, elective Members of
the House of Representatives and all elective provincial,
Section 17. Local Referendum. — Notwithstanding city and municipal officials shall be elected on the same
the provisions of Section 4 hereof, any local legislative day every three (3) years, except that with respect to
body may submit to the registered voters of autonomous Senators, only twelve (12) shall be elected.
region, provinces, cities, municipalities and barangays for
the approval or rejection, any ordinance or resolution duly Section 3. Election of Members of the Sangguniang
enacted or approved. Panlalawigan, Sangguniang Panlungsod and
Sangguniang Bayan. — The elective members of the
Said referendum shall be held under the control and Sangguniang Panlalawigan, Sangguniang Panlungsod
direction of the Commission within sixty (60) days in case and Sangguniang Bayan shall be elected as follows:
of provinces and cities, forty-five (45) days in case of
municipalities and thirty (30) days in case of barangays. (a) For provinces with two (2) or more legislative
districts, the elective members of the Sangguniang
The Commission shall certify and proclaim the results Panlalawigan shall be elected by legislative districts. For
of the said referendum. this purpose, the number of seats shall be apportioned
Section 18. Authority of Courts. — Nothing in this Act equitably: Provided, That, if equal division is not possible,
shall prevent or preclude the proper courts from the remaining member or members shall be elected in
declaring null and void any proposition approved the district or districts with the greater number of
pursuant to this Act for violation of the Constitution or population or, if they be the same, with the greater
want of capacity of the local legislative body to enact the number of voters: Provided further, That, if a legislative
said measure. district includes a city that does not vote in the election of
provincial officials, the Commission on Elections,
hereinafter referred to as the Commission, shall allocate



the number of seats among the districts in proportion to an election offense punishable under Section 263 and 264
the population of the constituencies voting for the of the Omnibus Election Code.
Sangguniang Panlalawigan; Section 6. Nomination and Selection of Official
(b) For provinces with only one (1) legislative district, Candidates. — No political convention or meeting for the
the Commission shall divide them into two (2) districts for nomination or selection of the official candidates of any
purposes of electing the members of the Sangguniang political party or organization or political groups or
Panlalawigan, as nearly as practicable according to the coalition thereof shall be held earlier than the following
number of inhabitants, each district comprising a periods:
compact, contiguous and adjacent territory, and the (a) For President, Vice-President and Senators, one
number of seats of elective members of their respective hundred sixty-five (165) days before the day of the
sanggunian shall be equitably apportioned between the election; and
districts in accordance with the immediately preceding
paragraph; (b) For Members of the House of Representatives and
elective provincial, city or municipal officials, seventy-five
(c) The number and election of elective members of (75) days before the day of the election.
the sangguniang panlungsod and sangguniang bayan
in the Metro Manila area, City of Cebu, City of Davao and Section 7. Filing of Certificates of Candidacy. — The
any other city with two (2) or more legislative districts certificate of candidacy of any person running for the
shall be elected by districts and in accordance with the office of President, Vice-President, Senator, Member of
provisions of Sections 2 and 3 of Republic Act No. the House of Representatives or any elective provincial,
6636:Provided, That, all cities with one (1) legislative city or municipal official shall be filed in five (5) legible
district and all municipalities in the Metro Manila area copies with the offices of the Commission specified
shall have twelve (12) councilors each: Provided, further, hereunder not later than the day before the date legally
That, the Commission shall divide all cities with one fixed for the beginning of his campaign period.
legislative district and each of the municipalities in Metro (a) The certificate of candidacy for President,
Manila area into two (2) districts by barangay for purposes Vice-President and Senators shall be filed with the main
of representation in the sangguniang bayan as nearly as office of the Commission in Manila;
practicable according to the number of inhabitants, each
district comprising a compact, contiguous and adjacent (b) The certificate of candidacy for the Members of
territory; and the House of Representatives shall be filed with the
provincial election supervisor of the province concerned.
(d) For purposes of the regular elections on May 11, Those for legislative districts in the National Capital
1992 and all general elections thereafter, the regular Region shall be filed with the regional election director of
elective members of the sangguniang panlungsod and said region and those for legislative districts in cities
sangguniang bayan, shall be elected at large in outside the National Capital Region which comprise one
accordance with existing laws. or more legislative districts shall be filed with the city
The Commission shall promulgate rules and election registrar concerned;
regulations to effectively implement the provisions of law (c) The certificate of candidacy for provincial offices
which may hereafter be enacted providing for the shall be filed with the provincial supervisor concerned;
election of sectoral representatives. (as amended by RA and
No 7887)
(d) The certificate of candidacy for city or municipal
Section 4. Postponement, Failure of Election and offices shall be filed with the city or municipal election
Special Elections. — The postponement, declaration of registrar concerned.
failure of election and the calling of special elections as
provided in Sections 5, 6 and 7 of the Omnibus Election Whenever practicable, the names of registered
Code shall be decided by the Commission sitting en banc candidates for local positions shall be printed in the
by a majority vote of its members. The causes for the election returns: Provided, That, if a candidate has been
declaration of a failure of election may occur before or disqualified or declared a nuisance candidate, it shall be
after the casting of votes or on the day of the election. the duty of the Commission to instruct without delay the
appropriate election officials to delete the name of said
In case a permanent vacancy shall occur in the candidate as printed in the election return.
Senate or House of Representatives at least one (1) year
before the expiration of the term, the Commission shall The certificate of candidacy shall be filed by the
call and hold a special election to fill the vacancy not candidate personally or by his duly authorized
earlier than sixty (60) days nor longer than ninety (90) representative. No certificate of candidacy shall be filed
days after the occurrence of the vacancy. However, in case or accepted by mail, telegram or facsimile.
of such vacancy in the Senate, the special election shall Section 8. Precincts and their Establishment. — Any
be held simultaneously with the succeeding regular provision of law to the contrary notwithstanding, where it
election. is not practicable to divide the precinct by territory, the
Section 5. Election and Campaign Period. — Unless Commission may adjust or split the precinct by assigning
otherwise fixed by the Commission, the election period the registered voters therein alphabetically and equitably
for the May 11, 1992 regular elections shall commence among the adjusted or split precincts: Provided, That, the
ninety (90) days before the day of the election and shall polling places of said precincts shall be in the same
end thirty (30) days thereafter. building or premises.
The campaign periods are hereby fixed as follows: Section 9. Registration of Voters. — There shall be a
registration of voters on the fifteenth Saturday before the
(a) For President, Vice-President and Senators, ninety day of the election for voters who will reach the age of
(90) days before the day of the election; and eighteen (18) years on or before the day of the election or
(b) For Members of the House of Representatives and for those who are qualified but not registered in the list of
elective provincial, city and municipal officials, forty-five voters. However, the Commission may designate an
(45) days before the day of the election. additional date of registration in certain areas to ensure
that voters therein are not deprived of their right of
However, in the preparation of the election calendar, suffrage.
the Commission may exclude the day before the day of
the election itself, Maundy Thursday and Good Friday. Before adjourning on registration day, the board of
election inspectors shall close the list of voters by affixing
Any election campaign or partisan political activity for their signatures in the space immediately after the last
or against any candidate outside of the campaign period name; number consecutively the names of the voters
herein provided is prohibited and shall be considered as listed therein and authenticate the list of voters by
affixing their signatures on each and every page thereof.



The board of election inspectors shall post, on the The same prohibition shall apply if the political party
wall outside the room where the registration was which nominated the winning candidate fails to file the
conducted, the list of voters in each precinct beginning statement required herein within the period prescribed
on the first working day after registration day until by this Act.
election day. Failure to post said list shall constitute an Except candidates for elective barangay office, failure
election offense punishable under Section 263 and 264 of to file the statements or reports in connection with
the Omnibus Election Code. electoral contributions and expenditures are required
When there is a significant number of inclusions, herein shall constitute an administrative offense for
exclusions and corrections in the list of voters in a which the offenders shall be liable to pay an
precinct, the Commission shall direct the board of administrative fine ranging from One thousand pesos
election inspectors concerned to meet on the eighth (P1,000.00) to Thirty thousand pesos (P30,000.00), in the
Saturday immediately preceding the day of the election discretion of the Commission.
for the purpose of making such inclusions and The fine shall be paid within thirty (30) days from
corrections as may be or may have been ordered by the receipt of notice of such failure; otherwise, it shall be
courts, stating opposite every name so corrected, added enforceable by a writ of execution issued by the
or cancelled, the date of the order and the court which Commission against the properties of the offender.
issued the same; otherwise, the board shall not meet but
such inclusions, exclusions and corrections, if any, shall be It shall be the duty of every city or municipal election
made in the list of voters before the voting starts on registrar to advise in writing, by personal delivery or
election day. registered mail, within five (5) days from the date of
election all candidates residing in his jurisdiction to
Section 10. Annulment of the List of Voters. — Any comply with their obligation to file their statements of
book of voters the preparation of which has been affected contributions and expenditures.
with fraud, bribery, forgery, impersonation, intimidation,
force or any other similar irregularity or which is For the commission of a second or subsequent
statistically improbable may be annulled, after due notice offense under this section, the administrative fine shall be
of a verified complaint: Provided, That, no order, ruling or from Two thousand pesos (P2,000.00) to Sixty thousand
decision annulling a book of voters shall be executed pesos (P60,000.00), in the discretion of the Commission.
within sixty (60) days before an election. In addition, the offender shall be subject to perpetual
disqualification to hold public office.
Section 11. Voting Booth. — Any provision of law to
the contrary notwithstanding, there shall be in each Section 15. Pre-proclamation Cases in Elections for
polling place at least ten (10) voting booths of such size, President, Vice-President, Senator, and Member of the
specifications and materials as the Commission may House of Representatives. — For purpose of the
provide to enable the voters to fill out their ballots elections for president, vice — president, senator, and
secretly. member of the House of Representatives, no
pre-proclamation cases shall be allowed on matters
Section 12. Absentee Voting. — Absentee voting as relating to the preparation, transmission, receipt, custody
provided for in Executive Order No. 157 dated March 30, and appreciation of election returns or the certificates of
1987 shall apply to the elections for President, canvass, as the case may be, expect as provided for in
Vice-President and Senators only and shall be limited to Section 30 hereof. However, this does not preclude the
members of the Armed Forces of the Philippines and the authority of the appropriate canvassing body motu
Philippine National Police and other government officers propio or upon written complaint of an interested person
and employees who are duly registered voters and who, to correct manifest errors in the certificate of canvass or
on election day, may temporarily be assigned in election before it.
connection with the performance of election duties to
place where they are not registered voters. Question affecting the composition or proceedings of
the board of canvassers may be initiated in the board or
Section 13. Authorized Expenses of Candidates and directly with the Commission in accordance with Section
Political Parties. — The agreement amount that a 19 hereof.
candidate or registered political party may spend for
election campaign shall be as follows: Any objection on the election return before the city or
municipal board of canvassers, or the municipal
(a) For candidates. — Ten pesos (P10.00) for President certificates of canvass before the provincial board of
and Vice-President; and for other candidates Three Pesos canvassers or district board of canvassers in Metro Manila
(P3.00) for every voter currently registered in the Area, shall specifically notice in the minutes of their
constituency where he filed his certificate of candidacy: respective proceeding. (as amended by RA No 9369)
Provided, That a candidate without any political party and
without support from any political party may be allowed Section 16. Pre-proclamation Cases Involving
to spend Five Pesos (P5.00) for every such voter; and Provincial, City and Municipal Offices. —
Pre-proclamation cases involving provincial, city and
(b) For political parties. — Five pesos (P5.00) for every municipal offices shall be allowed and shall be governed
voter currently registered in the constituency or by Sections 17, 18, 19, 20, 21 and 22 hereof.
constituencies where it has official candidates.
All pre-proclamation cases pending before the
Any provision of law to the contrary notwithstanding Commission shall be deemed terminated at the
any contribution in cash or in kind to any candidate or beginning of the term of the office involved and the
political party or coalition of parties for campaign rulings of the boards of canvassers concerned shall be
purposes, duly reported to the Commission shall not be deemed affirmed, without prejudice to the filing of a
subject to the payment of any gift tax. regular election protest by the aggrieved party. However,
Section 14. Statement of Contributions and proceedings may continue when on the basis of the
Expenditures: Effect of Failure to File Statement. — evidence thus far presented, the Commission determined
Every candidate and treasurer of the political party shall, that the petition appears meritorious and accordingly
within thirty (30) days after the day of the election, file in issues an order for the proceeding to continue or when
duplicate with the offices of the Commission the full, true an appropriate order has been issued by the Supreme
and itemized statement of all contributions and Court in a petition for certiorari.
expenditures in connection with the election. Section 17. Pre-proclamation Controversies: How
No person elected to any public offices shall enter Commenced. — Questions affecting the composition or
upon the duties of his office until he has filed the proceedings of the board of canvassers may be initiated
statement of contributions and expenditures herein in the board or directly with the Commission. However,
required. matters raised under Sections 233, 234, 235 and 236 of the
Omnibus Election Code in relation to the preparation,


transmission, receipt, custody and appreciation of the (g) Immediately upon receipt of the notice of appeal,
election returns, and the certificates of canvass shall be the board shall make an appropriate report to the
brought in the first instance before the board of Commission, elevating therewith the complete records
canvassers only. and evidence submitted in the canvass, and furnishing
Section 18. Summary Disposition of the parties with copies of the report.
Pre-proclamation Controversies. — All pre-proclamation (h) On the basis of the record and evidence elevate to
controversies on election returns or certificates of canvass it by the board, the Commission shall decide summarily
shall, on the basis of the records and evidence elevated to the appeal within seven (7) days from receipt of said
it by the board of canvassers, be disposed of summarily record and evidence. Any appeal brought before the
by the Commission within seven (7) days from receipt Commission on the ruling of the board, without the
thereof. Its decisions shall be executory after the lapse of accomplished forms and the evidence appended thereto,
seven (7) days for receipts by the losing party of the shall be summarily dismissed.
decision of the Commission. The decision of the Commission shall be executory
Section 19. Consented Composition or Proceedings after the lapse of seven (7) days from receipts thereof by
of the Board: Period to Appeal: Decision by the the losing party.
Commission. — Parties adversely affected by a ruling of (i) The board of canvassers shall not proclaim any
the board of canvassers on questions affecting the candidate as winner unless authorized by the
composition or proceedings of the board may appeal the Commission after the latter has ruled on the object
matter to the Commission within three (3) days from a brought to it on appeal by the losing party. Any
ruling thereon. The Commission shall summarily decided proclamation made in violation hereof shall be void ab
the case within five (5) days from the filing thereof. initio, unless the contested returns will not adversely
Section 20. Procedure in Disposition of Contested affect the results of the election.
Election Returns. - Section 21. Partial Proclamation. — Notwithstanding
(a) Any candidate, political party or coalition of the pendency of any pre-proclamation controversy, the
political parties contesting the inclusion or exclusion in Commission may summarily order the proclamation of
the canvass of any election returns on any of the grounds other winning candidates whose election will not be
authorized under Article XX or Sections 234, 235 and 236 affected by the outcome of the controversy.
of Article XIX of the Omnibus Election Code shall submit Section 22. Election Contests for Municipal Offices.
their oral objection to the chairman of the board of — All election contests involving municipal offices filed
canvassers at the time the questioned return is presented with the Regional Trial Court shall be decided
for inclusion in the canvass. Such objection shall be expeditiously. The decision may be appealed to the
recorded in the minutes of the canvass. Commission within five (5) days from promulgation or
(b) Upon receipts of any such objection, the board of receipt of a copy thereof by the aggrieved party. The
canvassers shall automatically defer the canvass of the Commission shall decide the appeal within sixty (60) days
contested returns and shall proceed to canvass the after it is submitted for decision, but not later than six (6)
returns which are not contested by any party. months after the filing of the appeal, which decision shall
(c) Simultaneous with the oral objection, the be final, unappealable and executory.
objecting party shall also enter his objection in the form Section 23. Officials Ballots. -
for written objections to be prescribed by the (a) Ballots for national and local elections, regular or
Commission. Within twenty-four (24) hours from and special, plebiscites and referenda, shall be of uniform size
after the presentation of such an objection, the objecting and shall be prescribed by the Commission. They shall be
party shall submit the evidence in support of the printed in black ink on which security paper with
objection, which shall be attached to the form for written distinctive, clear and legible watermarks that will readily
objections. Within the same period of twenty-four (24) distinguish it from ordinary paper. Each ballot shall be in
hours after presentation of the objection, any party may the shape of a strip with stub and detachable coupon
file a written and verified opposition to the objection in containing the serial number of the ballot, and a space for
the form also to be prescribed by the Commission, the thumbmark of the voter on the detachable coupon. It
attaching thereto supporting evidence, if any. The board shall bear at the top of the voter on the detachable
shall not entertain any objection or opposition unless coupon. It shall bear at the top of the middle portion
reduced to writing in the prescribed forms. thereof the coat-of-arms of the Republic of the
The evidence attached to the objection or opposition, Philippines, the word "Official Ballot," the name of the city
submitted by the parties, shall be immediately and or the municipality and province in which the election is
formally admitted into the records of the board by the to be held, the date of the election, and the following
chairman affixing his signature at the back of each every notice in English: "Fill out this ballot secretly inside the
page thereof. voting booth. Do not put any distinct mark on any part of
(d) Upon receipt of the evidence, the board shall keep this ballot.
up the contested returns, consider the written objections (b) The official ballot shall also contain the names of
thereto and opposition, if any, and summarily and all the officer to be voted for in the election, allowing
immediately rules thereon. The board shall enter its ruling opposite the name of each office, sufficient space of
on the prescribed form and authenticate the same by the spaces with horizontal lines where the voter may write
signatures of its members. the name or names of individual candidates voted for by
(e) Any part adversely affected by the ruling of the him.
board shall immediately inform the board if he intends to (c) There shall not be anything printed or written on
appeal said ruling. The board shall enter said information the back of the ballot except as provided in Section 24 of
in the minutes of the canvass, set aside the returns and this Act.
proceed to consider the other returns. (d) Official ballot for cities and municipalities where
(f) After all the uncontested returns have been Arabic is of general use shall have each of the titles of the
canvassed and the contested return ruled upon by it, the offices to be voted for printed in Arabic in addition to and
board shall suspend the canvass. Within forty-eight (48) immediately below the English title.
hours, therefrom, any party adversely affected by the (e) Notwithstanding the preceding provisions, the
ruling may file with the board a written and verified Commission is hereby authorized to prescribe a different
notice of appeal; and within an unextendible period of form of official ballot on the same watermarked security
five (5) days thereafter an appeal may be taken to the paper to facilitate voting by illiterate voter only and to use
Commission. or adopt the latest technological and electronic devices in


connection therewith as provided under Section 52(i) of The copies of election returns shall be distributed by
the Omnibus Election Code. the chairman of the board of election inspectors as
Section 24. Signature of Chairman at the Back of follows:
Every Ballot. — In every case before delivering an official (a) In the election of president, vice-president,
ballot to the voter, the chairman of the board of election senators and members of the House of Representatives
inspectors shall, in the presence of the voter, affix his including the party-list representatives:
signature at the back thereof. Failure to so authenticate (1) The first copy shall be delivered to the city or
shall be noted in the minutes of the board of election municipal board of canvassers;
inspectors and shall constitute an election offense
punishable under Section 263 and 264 of the Omnibus (2) The second copy to be posted on a wall within the
Election Code. premises of the polling place;
Section 25. Manner of Counting Votes. — In addition (3) The third copy, to the congress, directed to the
to the requirement in the fourth paragraph of Section 12 President of the Senate;
of the Republic Act No. 6646 and Section 210 of the (4) The fourth copy. to the Commission;
Omnibus Election Code, in reading the official ballots
during the counting, the chairman, the poll clerk and the (5) The fifth copy, to the dominant majority party as
third member shall assume such positions as to provide determined by the Commission in accordance with law;
the watchers and the members of the public as may be (6) The sixth copy, to the dominant minority party as
conveniently accommodated in the polling place, an determined by the Commission in accordance with law;
unimpeded view of the ballot being ready by the
chairman, of the election return and the tally board being (7) The seventh copy, to a citizens' authorized by the
simultaneously accomplished by the, poll clerk and the Commission to conduct an unofficial count: Provided,
third member respectively, without touching any of these however, That the accreditation of the citizens' arm shall
election documents. The table shall be cleared of all be subject to the provision of Section 52(k) of Batas
unnecessary writing paraphernalia. Any violation of this Pambansa Blg. 881; and
requirement shall constitute an election offense (8) The eight copy shall be deposited inside the
punishable under Section 263 and 264 the Omnibus compartment of the ballot box for valid ballots; and
Election Code. (b) In the election of local officials;
The chairman shall first read the votes for national (1) The First copy shall be delivered to the city or
positions. municipal board of canvassers;
Any violation of this Section, or its pertinent portion, (2) The second copy to be posted on a wall within the
shall constitute an election offense and shall be penalized premises of the polling place;
in accordance with Batas Pambansa Blg. 881. (as
amended by RA No 9369) (3) The third copy, to the Commission;
Section 26. Official Watchers. — Every registered (4) The fourth copy, to the provincial board of
political party or coalition of political parties, and every canvassers;
candidate shall each be entitled to one watcher in every (5) The fifth copy, to the dominant majority party as
polling place and canvassing center: Provided That, determined by the Commission in accordance with law;
candidates for the Sangguniang Panlalawigan,
Sangguniang Panlungsod, or Sangguniang Bayan (6) The sixth copy, to the dominant minority party as
belonging to the same slate or ticket shall collectively be determined by the Commission in accordance with law;
entitled to only one watcher. (7) The seventh copy, to a citizens' authorized by the
The dominant majority party and dominant minority Commission to conduct an unofficial count: Provided,
party, which the Commission shall determine in however, That the accreditation of the citizens' arm shall
accordance with law, shall each be entitled to one official be subject to the provisions of Section 52(k) of Batas
watcher who shall be paid a fixed per diem of four Pambansa Blg. 881; and
hundred pesos (400,00). (8) The eighth copy shall be deposited inside the
There shall also recognized six principal watchers, compartment of the ballot box for valid votes.
representing the six accredited major political parties The copy of the election return posted on the wall
excluding the dominant majority and minority parties, shall be open for public viewing at any time of the day for
who shall be designated by the Commission upon forty-eight (48) hours following its posting. Any person
nomination of the said parties. These political parties shall may view or capture an image of the election return by
be determined by the Commission upon notice and means of any data capturing device such as, but not
hearing on the basis of the following circumstances: limited to, cameras at any time of the day for forty-eight
(a) The established record of the said parties, coalition (48) hours following its posting. After the prescribed
of groups that now composed them, taking into account, period for posting, the chairman of the board of election
among other things, their showing in past election; inspectors shall collect the posted election returns and
keep the same in his custody to be produced for image or
(b) The number of incumbent elective officials data capturing as may be requested by any voter or any
belonging to them ninety (90) days before the date of lawful purpose as may be ordered by competent
election; authority.
(c) Their identifiable political organizations and Except for those copies that are required to be
strengths as evidenced by their organized/chapters; delivered, copies of election returns may be claimed at
(d) The ability to fill a complete slate of candidates the polling place. Any unclaimed copy shall be brought
from the municipal level to the position of President; and by the chairman of the board of election inspectors to the
canvassing center where the recipients or their
(e) Other analogous circumstances that may representatives may claim them. Copies still unclaimed at
determine their relative organizations and strengths. the canvassing center shall be deemed placed in the
(as amended by RA No 9369) custody of the chairman of the board of election
Section 27. Number of Copies of Election Returns inspectors, who shall produce them when requested by
and their Distribution. — The board of election the recipient or when ordered by a competent authority.
inspectors shall prepare in handwriting the election The Thirty (30) certified print copies of the election
returns in their respective polling place, in the number of return for national positions shall be distributed as
copies herein provided and in the form to be prescribed follows:
and provided by the Commission.


(a) The first fourteen (14) copies shall be given to the (c) (1) In the Metro Manila Area such municipality
fourteen (14) accredited major national parties in comprising a legislative district shall have district board of
accordance with a voluntary agreement among them. If canvass the election return for President, Vice-Presidents,
no such agreement is reached, the Commission shall Senator, Members for the House of Representatives and
decide which parties shall receive the copies on the basis elective municipal officials: Provided, That the return for
of the criteria provided in Section 26 hereof; national positions shall be prepare the certificate of
(b) The next three copies shall be given to the three canvass for president, vice-presidents, senators, announce
accredited major local parties in accordance with a the results of the election for national position in the
voluntary agreement among them. If no such agreement municipality, and thereafter, proclaim the elected
is reached, the Commission shall decide which parties member of the House of the Representatives and city
shall receive the copies on the basis of criteria analogous officials.
to that provided in Section 26 Hereof; (2) Each component municipality in a legislative
(c) The next five copies shall be given to national district in the Metro Manila Area shall have a municipal
broadcast or print media entities as may be equitably board of canvassers which shall canvass the election
determined by the Commission in view of propagating returns for president, vice-president, senator, members of
the copies to the widest extent possible; the House of representatives and elective municipal
officials: Provided, That the returns for national positions
(d) The next two copies shall be given to local shall be canvassed first. Upon completion of the canvass,
broadcast or print media entities as may be equitably it shall prepare the certificate of canvass for presidents,
determined by the Commission in view of propagating vice-presidents, senators, and members of the House of
the copies to the widest extent possible; the Representatives, announce the results of the election
(e) The next four copies to the major citizens' arms, for national position in the municipality, and thereafter,
including the accredited citizens' arms and other proclaim the elected municipal officials.
non-partisan groups or organizations enlisted by the (3) The district board of canvassers of each legislative
Commission pursuant to Section 52(k) of Batas district comprising two municipalities in Metro Manila
Pambansa Blg. 881; area shall canvass the certificate of canvass the for
(f) The next copy to be placed inside the President, Vice-Presidents, Senator and Members of the
compartment of the ballot box for valid ballots; and House of representatives submitted by the municipal
board of canvassers of the Component municipalities.
(g) The last copy to the provincial board of canvassers. Upon completion of the canvass, it shall prepare a
The certified print copies may be claimed at the certificate of canvass for president, vice-president, and
polling place. Any unclaimed copy shall be brought by senator, announce the results of the election for national
the chairman of the board of election inspectors to the positions in the district, and thereafter, proclaim the
canvassing center where the recipients or representatives elected member of the House of the Representatives in
may claim them. Copies still unclaimed at the canvassing the legislative district.
center shall be placed in the custody of the chairman of (d) The provincial board of canvassers shall canvass
the board election inspectors, who shall produce them the certificate of canvass for president, vice president,
when requested by the recipient or when ordered by a senators and members of the House of Representatives
competent authority. and elective provincial officials as well as plebiscite
Any provision of law to the contrary notwithstanding, results, if any plebiscite is conducted simultaneously with
any of the recipients of the print or digital copies of the the same election, as submitted by the board of
election return may conduct an unofficial consolidation canvassers of municipalities and component cities:
of votes and may announce the result to the public. Provided, That the returns for national position shall be
canvassed first. Upon completion of the canvass, it shall
The Commission shall post its digital files in its prepare the certificate of canvass for president,
website for the public to view or download at any time of vice-president, and senator, announce the results of the
the day. The Commission shall maintain the files at least election for national position in the province, proclaim the
three years from the date of posting. elected member of the House of Representatives and
Any violation of this section, or its pertinent portion, provincial officials as well as the plebiscite results, if any.
shall constitute an election offense and shall be penalized In conducting the canvass of election return of
in accordance with Batas Pambansa Blg. 881. certificates of canvass, as the case may be, the board of
(as amended by RA No 8045, 8173, 9369) canvassers in a municipality, city, district or province shall
Section 28. Canvassing by Provincial City, District project each election return or certificate of canvass on a
and Municipal Board of Canvassers. - wall from which its contents shall be read in order that
those present in the canvassing canter may follow the
(a) The City or municipal of board of canvassers shall progress of the canvassing process from beginning to
canvass the election return of President, Vice president, end. The Commission may utilize the appropriate
Senator and Members of the House of Representatives projection equipment for this purpose.
and for elective provincial and city or municipal officials:
Provided, That the returns for national positions shall be Immediately after the certificate of canvass for
canvassed first Upon completion of the canvass, it shall national positions is accomplished, the chairman of the
prepare the certificate of canvass for of Representatives Board of Canvassers shall announce the posting of the
and elective provincial officials, announce the results of second copy thereof and its supporting statement of
the election for national positions in the city or votes on a wall with sufficient lighting within the
municipality, and thereafter, proclaims the elected city or premises of the canvassing center. He shall then proceed
municipal officials, as the case may be. to do the same in the present in the canvassing center.
Without delay and when feasible, he shall capture images
(b) The city board of canvassers of cities comprising of the certificate of canvass and supporting statements of
one or more legislative district shall canvass the election votes using a secured data capturing device and
returns for president, vice-president, senator, members of thereafter, while in the premises of the canvassing center,
the House of Representatives and elective city officials: immediately print the data so captured in thirty (30)
Provided, That the returns for positions shall be canvassed copies. The board of canvassers shall then authenticates
first. Upon completion of the canvass, the board shall each printed copy, in the presence of watchers and within
prepare the certificate of canvass, of president, public view, by closely comparing the same with the
vice-president, and senator, announce the results of the certificate of canvass or statement of votes, as the case
election for national positions in the city, and thereafter, may be, posted on of the wall. If the board finds each
proclaim the elected members of the House of the printed copy a faithful reproduction of the certificate of
Representatives and city officials. canvass or statement of votes, all members thereof shall


annotate and sign a certification to that effect on the parties. If no such agreement is reached, the commission
bottom front of the printed copy. shall decide which parties shall receive the copies of the
Each certified printed copy shall be placed in an certificate of the canvass on the basis of the criteria
envelope and distributed as herein provided. Designated provided in Section 26 hereof. The parties receiving the
recipient of the certified printed copies may receive their certificate shall have obligation to furnish the other
copies at the canvassing center. parties with authentic copies thereof with the at least
possible delay.
The Chairman of the board shall transmit the digital
files of the certificate of canvass and its supporting b) The certificates of canvass for president, vice
statement of votes using a secured transmission device president, senators shall be prepared in seven (7) copies
with authentication features to the secured tabulation by the city boards of canvassers of cities comprising one
system of the Commission and to the systems of the or more legislative districts, by provincial boards of
other designated recipients as herein provided. canvassers in the Metro Manila Area, and distributed as
follows:
Any provision of law to the contrary notwithstanding,
any of the recipients of the print or digital copies of the (1) The first copy shall be sent to the Congress
certificate of canvass and the supporting statements of directed to the President of the Senate for use in the
votes may conduct an unofficial consolidation of votes canvass of election results for president and
and may announce the result thereof to the public. vice-president;
Any violation of this section, or its pertinent portion, (2) The second copy shall be sent to the Commission
shall constitute an election offence and shall be penalized for use in the canvass of the election results for Senators;
in accordance with Batas Pambansa Blg. 881. (3) The third copy shall be posted on a wall within the
In addition, the following shall likewise be guilty of an premises of the canvassing center;
election offence: (4) The fourth copy shall be kept by the Chairman of
(a) Any person who remove the certificate of canvass the Board; and
posted on the wall, whether within or after the prescribed (5) The fifth copy shall be given to the citizens' s arm
forty-eight (48) hours of posting, or defaces the same in designated by the Commission to conduct a media
any manner; -based unofficial count, and the sixth and seventh copies
(b) Any person who simulates an actual certificates of shall be given to the representatives of two of the six
canvass or statement of votes, or a print or digital copy major political parties. If no such agreement is reached,
thereof; the commission shall decide which parties shall receive
the copies of the certificate of canvass on the basis of the
(c) Any person who simulates the certification of a criteria provided in Section 26 hereof. The parties
certificate of canvass or statement of votes; receiving the certificates shall have the obligation to
(d) The chairman or any member of the board of furnish the other parties with authentic copies thereof
canvassers who, during the prescribed period of posting, with the least possible delay.
remove the certificate of canvass or its supporting The of the certificate of canvass posted on the wall
statement of votes from the wall on which they have shall be open for public viewing at any time of the day for
been posted other than for the purpose of immediately forty -eight (48) hours following its posting. Any person
transferring them to a more suitable place; may view or capture an image of the certificate of
(e) The chairman of any member of the board of canvass .After the prescribed period for posting, the
canvassers who sign or authenticates a print of the chairman of the board of canvassers shall collect the
certificate of canvass or its supporting statement of votes posted certificate of canvass and keep the same in his
outside of the polling place: and custody to be produced for image or data capturing as
may be requested by any voter or for any lawful purpose
(f) The chairman or any member of the board of as may be ordered competent authority.
canvassers who sign or authenticates a print which bears
an image different from the certificate of canvass or Except for those copies that are required to be
statement of votes produced after counting and posted delivered, copies of certificates of canvass may be
on the wall. claimed at the canvassing center. Any unclaimed copy
shall be deemed placed in the custody of the chairman of
(as amended by RA No 9369) the board of canvassers, who shall produce them
Section 29. Number of Copies of Certificates of requested by the recipient or when ordered by a
Canvass and their Distribution. - competent authority.
a) the certificate of canvass for president, The thirty (30) certified print copies of the certificate
vice-president, senator and member of the house of canvass for national positions shall be distributed as
Representatives and elective provincial official shall be follows:
prepared in seven copies by the city or municipal board of (a) The first fourteen (14) copies shall be given to the
canvassers and distributed as follows: fourteen (14) accredited major national parties in
(1) The first copy shall be delivered to the provincial accordance with a voluntary agreement among them. If
board of canvassers for use in the canvass election results no such agreement is reached, the commission shall
for president, vice- president, senator and member of the decide which parties shall receive the copies on the basis
House of representatives and elective provincial officials: of the criteria provided in Section 26 hereof;
(2) The second copy shall be sent to the Commission; (b) The next three copies shall be given to the three
accredited major local parties in accordance with a
(3) The third copy shall be posted on a wall within the voluntary agreement among them. If no such agreement
premises of the canvassing center is reached, the Commission shall decide which parties
(4) The fourth copy shall be kept by the chairman of shall receive the copies in the basis of criteria analogous
the Board: and to the provided in Section 26 hereof;
(5) the fifth copy shall be given the citizens' arm (c) The next five copies shall be given to national
designated by the Commission to conduct a broadcast or print media entities as may be equitably
media-based unofficial count, and the sixth and seventh determined by the commission in view of propagating
copies shall be given to the citizen's arm designated by the copies to the widest extent possible;
the Commission to conduct a media — based unofficial (d) The next two copies shall be given to local
count , and the sixth and seventh copies shall be given to broadcast or print media entitles as may be equitably
the representatives of two of the six major political parties determined by the Commission in view propagating the
in accordance with the voluntary agreement of the copies to the widest extent possible;



(e) The next four copies to the major citizen's arms, herein and may affect the result of the election, upon
including accredited citizen' arm, and other non -partisan requested of the presidential, vice — presidential or
groups or organizations enlisted by the commission senatorial candidate concerned or his party, Congress or
pursuant to section 52(K) of Batas Pambansa Blg. 881; and the Commission en banc, as the case may be shall , for
(f) The last two copies to be kept in file by the the sole purpose of verifying the actual the votes as they
chairman of the board of canvassers to be subsequently appear in the copies if the election returns submitted to
distributed as the national board of canvassers may it.
direct. In case of any discrepancy, incompleteness, erasure or
The certified print copies may be claimed at the alteration as mentioned above, the procedure on
canvassing center. Any unclaimed copy shall be deemed pre-proclamation controversies shall be adopted and
place in the custody of the chairman of the board of applied as provided in Section 17,18,19 and 20.
canvassers, who shall produce them when requested by Any person who present in evidence a simulated copy
the recipient or when ordered by a competent authority. of an election return, certificate of canvass or statement
The commission shall post its digital files in its of votes, or a printed copy of an election return, certificate
website for the public to view or download at any time of of canvass or statement of votes bearing a simulated
the day. The commission shall maintain the files for at certification or a simulated image, shall be guilty of an
least three years from the date of posting. election offense shall be penalized in accordance with
Batas Pambansa Blg. 881. (as amended by RA No 9369)
Any violation of this section, or its pertinent portion,
shall constitute an election offense and shall be penalized Section 31. Per Diems of Election Inspectors and
in accordance with Batas Pambansa Blg. 881. Other Officials. — The members of the board of election
inspectors shall be paid a per diem of Two hundred pesos
(as amended by RA No 9369) (P200.00) each for services on registration and revision
Section 30. Congress as the National Board of days and Four hundred pesos (P400.00) each on the day
Canvassers for the Election of President and Vice of the election. Provincial, city and municipal treasurers,
President: The Commission en banc as the National administrators and supervisors of the Department of
Board of Canvassers for the election of senators: Education, Culture and Sports assigned by the
Determination of Authenticity and Due Execution of Commission to perform election duty shall receive a per
Certificates of Canvass. — Congress and the diem of Four hundred pesos (P400.00) each on election
Commission en banc shall determine the authenticity day.
and due execution of the certificate of canvas for Said per diem shall be paid by the cashier or other
president and vice-president and senators, respectively, finance officer of the Department of Education, Culture
as accomplished and transmitted to it by the local boards and Sports or of the Commission within fifteen (15) days
of canvassers, on a showing that: (1) each certificate of after registration, revision and election days, respectively.
canvass was executed, signed and thumbmarked by the There being funds actually available, any delay in said
chairman and member of the board of canvassers and payments to any of the above mentioned personnel
transmitted or caused to be transmitted to Congress by without justifiable reason shall constitute an election
them; (2) each certificate of canvass contains the names offense and all officials and other personnel responsible
of all of the candidates for president and vice-president or therefor, directly or indirectly, shall be liable under
senator, as the case may be, and their corresponding Sections 263 and 264 of the Omnibus Election Code.
votes in words and their corresponding votes in words
and in figures; (3) there exists no discrepancy in other Section 32. Who May Bear Firearms. — During the
authentic copies of the document such as statement of election period, no person shall bear, carry or transport
votes of any of its supporting document such as firearms or other deadly weapons in public places,
statement of votes by city/municipality/by precinct or including any building, street, park, private vehicle or
discrepancy in the votes of any candidate in words and public conveyance, even if licensed to possess or carry the
figures in the certificate; and (4) there exist no same, unless authorized in writing by the Commission.
discrepancy in the votes of any candidate in words and The issuance of firearms licenses shall be suspended
figures in the certificates of canvass against the during the election period.
aggregate number of votes appearing in the election Only regular members or officers of the Philippine
returns of precincts covered by the certificate of canvass: National Police, the Armed Forces of the Philippines and
Provided, That certified print copies of election returns or other enforcement agencies of the Government who are
certificates of canvass may be used for the purpose of duly deputized in writing by the Commission for election
verifying the existence of the discrepancy. duty may be authorized to carry and possess firearms
When the certificate of canvass, duly certified by the during the election period: Provided, That, when in the
board of canvass of each province, city of district, appears possession of firearms, the deputized law enforcement
to be incomplete, the Senate President or the Chairman officer must be: (a) in full uniform showing clearly and
of the Commission, as the case may be, shall require the legibly his name, rank and serial number which shall
board of canvassers concerned to transmit by personal remain visible at all times; and (b) in the actual
delivery, the election returns form polling places that performance of his election duty in the specific area
were not included in the certificate of canvass and designated by the Commission.
supporting statements. Said election returns shall be Section 33. Security Personnel and Bodyguards. —
submitted by personal delivery within two (2) days from During the election period, no candidate for public office,
receipt of notice. including incumbent public officers seeking election to
When it appears that any certification of canvass or any public office, shall employ, avail himself of or engage
supporting statement of each province, city of district, the services of security personnel or bodyguards, whether
appears to be incomplete, the Senate President or the or not such bodyguards are regular members or officers
Chairman of the Commission, as the case may be, shall of the Philippine National Police, the Armed Forces of the
require the board of canvassers concerned to transmit by Philippines or other law enforcement agency of the
personal delivery, the election returns from polling places Government: Provided, That, when circumstances
that were not included in the certificate of canvass and warrant, including but not limited to threats to life and
supporting statements. Said election returns shall be security of a candidate, he may be assigned by the
submitted by personal delivery within two (2) days from Commission, upon due application, regular members of
receipt of notice. the Philippine National Police, the Armed Forces of the
Philippines or other law enforcement agency who shall
When it appears that any certificate of canvass or provide him security for the duration of the election
supporting statement of votes by city/municipality or by period. The officers assigned for security duty to a
precinct bears erasures or alteration which may cast candidate shall be subject to the same requirement as to
doubt as to the veracity of the number of votes stated wearing of uniforms prescribed in the immediately



preceding section unless exempted in writing by the Section 2. Declaration of party. The State shall
Commission. promote proportional representation in the election of
If at any time during the election period, the ground representatives to the House of Representatives through
for which the authority to engage the services of security a party-list system of registered national, regional and
personnel has been granted shall cease to exist of for any sectoral parties or organizations or coalitions thereof,
other valid cause, the Commission shall revoke the said which will enable Filipino citizens belonging to
authority. marginalized and underrepresented sectors,
organizations and parties, and who lack well-defined
Section 34. Disposition of Firearms. — The firearms political constituencies but who could contribute to the
of other deadly weapon found in the possession of person formulation and enactment of appropriate legislation
prosecuted for the election offense shall be disposed of that will benefit the nation as a whole, to become
according to existing laws. members of the House of Representatives. Towards this
Section 35. Rules and Regulations. — The end, the State shall develop and guarantee a full, free and
Commission shall issue rules and regulations to open party system in order to attain the broadcast
implement this Act. Said rules shall be published in at possible representation of party, sectoral or group
least two (2) national newspapers of general circulation. interests in the House of Representatives by enhancing
their chances to compete for and win seats in the
Section 36. Governing Laws. — The elections legislature, and shall provide the simplest scheme
provided herein and all subsequent elections and possible.
plebiscite shall be governed by this Act, by the provisions
of the Omnibus Election Code, Republic Act No. 6646 and Section 3. Definition of Terms. (a) The party-list
other election laws not inconsistent herewith. system is a mechanism of proportional representation in
the election of representatives to the House of
Section 37. Appropriation. — The amount of One Representatives from national, regional and sectoral
billion pesos (P1,000,000,000.00) is hereby appropriated parties or organizations or coalitions thereof registered
out of any savings or unexpected balance in the National with the Commission on Elections (COMELEC).
Treasury not otherwise appropriated to cover the costs of Component parties or organizations of a coalition may
holding the May 11, 1992 elections. Hereafter, the amounts participate independently provided the coalition of which
necessary to fund subsequent elections shall be included they form part does not participate in the party-list
in the General Appropriations Act for the corresponding system.
fiscal year.
(b) A party means either a political party or a sectoral
Any provision of law to the contrary notwithstanding, party or a coalition of parties.
and for purposes of the May 11, 1992 elections only, the
chairman and members of the board of election (c) A political party refers to an organized group of
inspectors shall each be paid a per diem of Four hundred citizens advocating an ideology or platform, principles
pesos (P400.00) on election day. The Commission may and policies for the general conduct of government and
provide hazard pay, when warranted, incentive and merit which, as the most immediate means of securing their
awards to members of the boards of election inspectors, adoption, regularly nominates and supports certain of its
board of canvassers and personnel of the Commission leaders and members as candidates for public office.
and its deputized agencies. It is a national party when its constituency is spread
Section 38. Separability Clause. — If any provisions over the geographical territory of at least a majority of the
or party of this Act is declared unconstitutional such regions. It is a regional party when its constituency is
declaration of unconstitutionality will not affect the other spread over the geographical territory of at least a
provisions of this Act. majority of the cities and provinces comprising the
region.
Section 39. Amending and Repealing Clause. —
Section 107, 108 and 245 of the Omnibus Election Code (d) A sectoral party refers to an organized group of
are hereby repealed. Likewise, the inclusion in Section 262 citizens belonging to any of the sectors enumerated in
of the Omnibus Election Code of the violations of Section 5 hereof whose principal advocacy pertains to the
Sections 105, 106, 107, 108, 109, 110, 111 and 112 as among special interest and concerns of their sector,
election offenses is also hereby repealed. This repeal shall (e) A sectoral organization refers to a group of citizens
have retroactive effect. or a coalition of groups of citizens who share similar
Batas Pambansa Blg. 881, Republic Act No. 6646, physical attributes or characteristics, employment,
Executive Order Nos. 144 and 157 and all other laws, interests or concerns.
orders, decrees, rules and regulations or other issuances, (f) A coalition refers to an aggrupation of duly
or any part thereof, inconsistent with the provisions of registered national, regional, sectoral parties or
this Act are hereby amended or repealed accordingly. organizations for political and/or election purposes.
Section 40. Effectivity Clause. — This Act shall take Section 4. Manifestation to Participate in the
effect upon its publication in full in at least two (2) Party-List System. Any party, organization, or coalition
national newspapers of general circulation. already registered with the Commission need not register
Approved: November 26, 1991 anew. However, such party, organization, or coalition shall
file with the Commission, not later than ninety (90) days
before the election, a manifestation of its desire to
participate in the party-list system.
RA No 7941 | Party-List System Act Section 5. Registration. Any organized group of
persons may register as a party, organization or coalition
for purposes of the party-list system by filing with the
[IRR] RA 7941 Party-List System Act COMELEC not later than ninety (90) days before the
election a petition verified by its president or secretary
stating its desire to participate in the party-list system as
AN ACT PROVIDING FOR THE ELECTION OF a national, regional or sectoral party or organization or a
PARTY-LIST REPRESENTATIVES THROUGH THE coalition of such parties or organizations, attaching
PARTY-LIST SYSTEM, AND APPROPRIATING FUNDS thereto its constitution, by-laws, platform or program of
THEREFOR government, list of officers, coalition agreement and
other relevant information as the COMELEC may require:
Section 1. Title. This Act shall be known as the Provided, That the sectors shall include labor, peasant,
"Party-List System Act." fisherfolk, urban poor, indigenous cultural communities,


elderly, handicapped, women, youth, veterans, overseas In case of a nominee of the youth sector, he must at
workers, and professionals. least be twenty-five (25) but not more than thirty (30)
The COMELEC shall publish the petition in at least years of age on the day of the election. Any youth sectoral
two (2) national newspapers of general circulation. representative who attains the age of thirty (30) during
his term shall be allowed to continue in office until the
The COMELEC shall, after due notice and hearing, expiration of his term.
resolve the petition within fifteen (15) days from the date
it was submitted for decision but in no case not later than Section 10. Manner of Voting. Every voter shall be
sixty (60) days before election. entitled to two (2) votes: the first is a vote for candidate for
member of the House of Representatives in his legislative
Section 6. Refusal and/or Cancellation of district, and the second, a vote for the party,
Registration. The COMELEC may, motu propio or upon organizations, or coalition he wants represented in the
verified complaint of any interested party, refuse or house of Representatives: Provided, That a vote cast for a
cancel, after due notice and hearing, the registration of party, sectoral organization, or coalition not entitled to be
any national, regional or sectoral party, organization or voted for shall not be counted: Provided, finally, That the
coalition on any of the following grounds: first election under the party-list system shall be held in
(1) It is a religious sect or denomination, organization May 1998.
or association, organized for religious purposes; The COMELEC shall undertake the necessary
(2) It advocates violence or unlawful means to seek its information campaign for purposes of educating the
goal; electorate on the matter of the party-list system.
(3) It is a foreign party or organization; Section 11. Number of Party-List Representatives.
The party-list representatives shall constitute twenty per
(4) It is receiving support from any foreign centum (20%) of the total number of the members of the
government, foreign political party, foundation, House of Representatives including those under the
organization, whether directly or through any of its party-list.
officers or members or indirectly through third parties for
partisan election purposes; For purposes of the May 1998 elections, the first five
(5) major political parties on the basis of party
(5) It violates or fails to comply with laws, rules or representation in the House of Representatives at the
regulations relating to elections; start of the Tenth Congress of the Philippines shall not be
(6) It declares untruthful statements in its petition; entitled to participate in the party-list system.
(7) It has ceased to exist for at least one (1) year; or In determining the allocation of seats for the second
vote, the following procedure shall be observed:
(8) It fails to participate in the last two (2) preceding
elections or fails to obtain at least two per centum (2%) of (a) The parties, organizations, and coalitions shall be
the votes cast under the party-list system in the two (2) ranked from the highest to the lowest based on the
preceding elections for the constituency in which it has number of votes they garnered during the elections.
registered. (b) The parties, organizations, and coalitions receiving
Section 7. Certified List of Registered Parties. The at least two percent (2%) of the total votes cast for the
COMELEC shall, not later than sixty (60) days before party-list system shall be entitled to one seat each:
election, prepare a certified list of national, regional, or Provided, That those garnering more than two percent
sectoral parties, organizations or coalitions which have (2%) of the votes shall be entitled to additional seats in
applied or who have manifested their desire to participate proportion to their total number of votes : Provided,
under the party-list system and distribute copies thereof finally, That each party, organization, or coalition shall be
to all precincts for posting in the polling places on entitled to not more than three (3) seats.
election day. The names of the party-list nominees shall Section 12. Procedure in Allocating Seats for
not be shown on the certified list. Party-List Representatives. The COMELEC shall tally all
Section 8. Nomination of Party-List the votes for the parties, organizations, or coalitions on a
Representatives. Each registered party, organization or nationwide basis, rank them according to the number of
coalition shall submit to the COMELEC not later than votes received and allocate party-list representatives
forty-five (45) days before the election a list of names, not proportionately according to the percentage of votes
less than five (5), from which party-list representatives obtained by each party, organization, or coalition as
shall be chosen in case it obtains the required number of against the total nationwide votes cast for the party-list
votes. system.
A person may be nominated in one (1) list only. Only Section 13. How Party-List Representatives are
persons who have given their consent in writing may be Chosen. Party-list representatives shall be proclaimed by
named in the list. The list shall not include any candidate the COMELEC based on the list of names submitted by
for any elective office or a person who has lost his bid for the respective parties, organizations, or coalitions to the
an elective office in the immediately preceding election. COMELEC according to their ranking in said list.
No change of names or alteration of the order of Section 14. Term of Office. Party-list representatives
nominees shall be allowed after the same shall have been shall be elected for a term of three (3) years which shall
submitted to the COMELEC except in cases where the begin, unless otherwise provided by law, at noon on the
nominee dies, or withdraws in writing his nomination, thirtieth day of June next following their election. No
becomes incapacitated in which case the name of the party-list representatives shall serve for more than three
substitute nominee shall be placed last in the list. (3) consecutive terms. Voluntary renunciation of the office
Incumbent sectoral representatives in the House of for any length of time shall not be considered as an
Representatives who are nominated in the party-list interruption in the continuity his service for the full term
system shall not be considered resigned. for which he was elected.
Section 9. Qualifications of Party-List Nominees. Section 15. Change of Affiliation; Effect. Any elected
No person shall be nominated as party-list representative party-list representative who changes his political party or
unless he is a natural-born citizen of the Philippines, a sectoral affiliation during his term of office shall forfeit his
registered voter, a resident of the Philippines for a period seat: Provided, That if he changes his political party or
of not less than one (1)year immediately preceding the sectoral affiliation within six (6) months before an
day of the election, able to read and write, a bona fide election, he shall not be eligible for nomination as
member of the party or organization which he seeks to party-list representative under his new party or
represent for at least ninety (90) days preceding the day organization.
of the election, and is at least twenty-five (25) years of age
on the day of the election.


Section 16. Vacancy. In case of vacancy in the seats e) Illiterate or Disabled person refers to one who
reserved for party-list representatives, the vacancy shall cannot by himself prepare an application for registration
be automatically filled by the next representative from because of his physical disability and/or inability to read
the list of nominees in the order submitted to the and write;
COMELEC by the same party, organization, or coalition, f) Commission refers to the Commission on Elections
who shall serve for the unexpired term. If the list is (COMELEC);
exhausted, the party, organization coalition concerned
shall submit additional nominees. g) Election Registration Board refers to the body
constituted herein to act on all applications for
Section 17. Rights of Party-List Representatives. registration;
Party-List Representatives shall be entitled to the same
salaries and emoluments as regular members of the h) Voter’s Identification Number (VIN) refers to the
House of Representatives. number assigned by the Commission on Elections to a
registered voter that shall consist of three (3) parts: (1) The
Section 18. Rules and Regulations. The COMELEC current address (city/municipality and province); (2) the
shall promulgate the necessary rules and regulations as current precinct assignment of the voter and (3) the
may be necessary to carry out the purposes of this Act. permanent birth and name code unique to every voter;
Section 19. Appropriations. The amount necessary i) Political Parties refer to local, regional or national
for the implementation of this Act shall be provided in political parties existing and duly registered and
the regular appropriations for the Commission on accredited by the Commission;
Elections starting fiscal year 1996 under the General
Appropriations Act. j) Precinct refers to the basic unit of territory
established by the Commission for the purpose of voting;
Starting 1995, the COMELEC is hereby authorized to
utilize savings and other available funds for purposes of k) Precinct Maps refers to a sketch or drawing of a
its information campaign on the party-list system. geographical area stated in terms of streets or street
blocks or sitios the residents of which would belong to a
Section 20. Separability Clause. If any part of this particular precinct;
Act is held invalid or unconstitutional, the other parts or
provisions thereof shall remain valid and effective. l) Polling place refers to the place where the Board of
Election Inspectors conducts its proceeding and where
Section 21. Repealing Clause. All laws, decrees, the voters cast their votes;
executive orders, rules and regulations, or parts thereof,
inconsistent with the provisions of this Act are hereby m) Voting center refers to the building or place where
repealed. the polling place is located;
Section 22. Effectivity. This Act shall take effect n) Election Officer refers to the highest official or
fifteen (15) days after its publication in a newspaper of authorized representative of the Commission in a city or
general circulation. municipality; and
Approved, March 3, 1995. o) Board of Election Inspectors refers to the body
which conducts the election in the polling place of the
precinct usually composed of three (3) public school
teachers appointed by the Commission.
RA No 8189 | The Voter’s Registration Act Section 4. Permanent List of Voters. There shall be a
of 1996 permanent list of voters per precinct in each city or
municipality consisting of all registered voters residing
within the territorial jurisdiction of every precinct
June 11, 1996 indicated by the precinct maps.
AN ACT PROVIDING FOR A GENERAL Such precinct-level list of voters shall be
REGISTRATION OF VOTERS, ADOPTING A SYSTEM OF accompanied by an addition deletion list of the purpose
CONTINUING REGISTRATION, PRESCRIBING THE of updating the list.
PROCEDURES THEREOF AND AUTHORIZING THE For the purpose of the 1997 general registration, the
APPROPRIATION OF FUNDS THEREFOR Commission shall cause the preparation and posting of
Be it enacted by the Senate and House of all precinct maps in every barangay nationwide. Five days
Representatives of the Philippines in Congress before the 1997 general registration, individual precinct
assembled:: maps shall be posted at the door of each polling place.
Subsequently, the Election Officer shall be responsible for
Section 1. Title. This Act shall be known as "The the display, throughout the year, of precinct maps in his
Voter’s Registration Act of 1996." office and in the bulletin board of the city or municipal
Section 2. Declaration of Policy. It is the policy of the hall.
State to systematize the present method of registration in The precinct assignment of a voter in the permanent
order to establish a clean, complete, permanent and list of voters shall not be changed or altered or transferred
updated list of voters. to another precinct without the express written consent
Section 3. Definition of Terms. As used in this Act: of the voter: Provided, however, That the voter shall not
a) Registration refers to the act of accomplishing and unreasonably withhold such consent. Any violation
filing of a sworn application for registration by a qualified thereof shall constitute an election offense which shall be
voter before the election officer of the city or municipality punished in accordance with law.
wherein he resides and including the same in the book of Section 5. Precincts and their Establishment. In
registered voters upon approval by the Election preparation for the general registration in 1997, the
Registration Board; Commission shall draw updated maps of all the precincts
b) Registration Record refers to an application for nationwide. Upon completion of the new precinct maps,
registration duly approved by the Election Registration all the precincts established in the preceding elections
Board; shall be deemed abolished.
c) Book of Voters refers to the compilation of all For the purpose of the general registration, the
registration records in a precinct; Commission shall create original precincts only. Spin-off
precinct may be created after the regular elections of
d) List of Voters refers to an enumeration of names of 1998 to accommodate additional voters residing within
registered voters in a precinct duly certified by the the territorial jurisdiction of the original precincts.
Election Registration Board for use in the election;


The Commission shall introduce a permanent accordance with law, shall not be deemed to have lost his
numbering of all precincts which shall be indicated by original residence.
Arabic numerals and a letter of the English alphabet. Any person, who, on the day of registration may not
Original or mother precincts shall be indicated by the have reached the required age or period of residence but,
Arabic numeral and letter "A of the English alphabet. who, on the day of the election shall possess such
Spin-off or daughter precincts shall be indicated by the qualifications, may register as a voter.
Arabic numeral and letter of the English alphabet starting
with letter B and so on. Section 10. Registration of Voters. A qualified voter
shall be registered in the permanent list of voters in a
No territory comprising an election precinct shall be precinct of the city or municipality wherein he resides to
altered or a new precinct be established at the start of be able to vote in any election. To register as a voter, he
the election period. shall personally accomplish an application form for
Splitting of an original precinct or merger of two or registration as prescribed by the Commission in three (3)
more original precincts shall not be allowed without copies before the Election Officer on any date during
redrawing the precinct map/s one hundred twenty (120) office hours after having acquired the qualifications of a
days before election day. voter.
Section 6. Arrangement of Precincts. Every The application shall contain the following data:
barangay shall have at least one (1) precinct. Each a) Name, surname, middle name, and/or maternal
precinct, shall have no more than two hundred (200) surname;
voters and shall comprise contiguous and compact
territories. b) Sex;
a) A precinct shall be allowed to have less than 200 c) Date, and place of birth;
registered voters under the following conditions: d) Citizenship;
1) As soon as the 200-limit for every precinct has been e) Civil status, if married, name of spouse;
reached, a spin-off or daughter precinct shall be created
automatically by the Commission to accommodate voters f) Profession, occupation or work;
residing within the territorial jurisdiction of the original g) Periods of residence in the Philippines and in the
precinct. Thereafter, a separate list of new voters shall be place of registration;
prepared by the Election Officer; and
h) Exact address with the name of the street and
2) An island or group of islands with less than two house number for location in the precinct maps
hundred (200) voters may comprise one (1) original maintained by the local office of the Commission, or in
precinct. case there is none, a brief description of his residence,
b) Every case of alteration of precincts shall be duly sitio, and barangay;
announced by posting a notice thereof in a conspicuous i) A statement that the applicant possesses all the
place in the precinct, in the office of the election officer qualifications of a voter;
and in the city or municipal hall and by providing political
parties and candidates a list of all the precincts at the j) A statement that the applicant is not a registered
start of the campaign period; and voter of any precinct; and
c) Consolidation or merger of at most three (3) k) Such information or data as may be required by the
precincts may be allowed: Provided, That the Commission.
computerized counting shall be implemented: Provided, The application for registration shall contain three (3)
further, That the merger of such precincts shall be specimen signatures of the applicant, clear and legible
effected ninety (90) days before election day. rolled prints of his left and right thumbprints, with four (4)
Section 7. General Registration of Voters. identification size copies of his latest photograph,
Immediately after the barangay elections in 1997, the attached thereto, to be taken at the expense of the
existing certified list of voters shall cease to be effective Commission.
and operative. For purpose of the May 1998 elections and Before the applicant accomplishes his application for
all elections, plebiscites, referenda, initiatives, and recalls registration, the Election Officer shall inform him of the
subsequent thereto, the Commission shall undertake a qualifications and disqualifications prescribed by law for
general registration of voters before the Board of Election a voter, and thereafter, see to it that the accomplished
Inspectors on June 14, 15, 21, and 22 and, subject to the application contains all the data therein required and
discretion of the Commission, on June 28 and 29, 1997 in that the applicant’s specimen signatures, fingerprints,
accordance with this Act. and photographs are properly affixed in all copies of the
Section 8. System of Continuing Registration of voter’s application.
Voters. The personal filing of application of registration of Section 11. Disqualification. The following shall be
voters shall be conducted daily in the office of the disqualified from registering:
Election Officer during regular office hours. No a) Any person who has been sentenced by final
registration shall, however, be conducted during the judgment to suffer imprisonment of not less than one (1)
period starting one hundred twenty (120) days before a year, such disability not having been removed by plenary
regular election and ninety (90) days before a special pardon or amnesty: Provided, however, That any person
election. disqualified to vote under this paragraph shall
Section 9. Who may Register. All citizens of the automatically reacquire the right to vote upon expiration
Philippines not otherwise disqualified by law who are at of five (5) years after service of sentence;
least eighteen (18) years of age, and who shall have b) Any person who has been adjudged by final
resided in the Philippines for at least one (1) year, and in judgment by a competent court or tribunal of having
the place wherein they propose to vote, for at least six (6) committed any crime involving disloyalty to the duly
months immediately preceding the election, may register constituted government such as rebellion, sedition,
as a voter. violation of the firearms laws or any crime against
Any person who temporarily resides in another city, national security, unless restored to his full civil and
municipality or country solely by reason of his occupation, political rights in accordance with law: Provided, That he
profession, employment in private or public service, shall automatically reacquire the right to vote upon
educational activities, work in the military or naval expiration of five (5) years after service of sentence; and
reservations within the Philippines, service in the Armed c) Insane or incompetent persons declared as such by
Forces of the Philippines, the National Police Forces, or competent authority unless subsequently declared by
confinement or detention in government institutions in


proper authority that such person is no longer insane or No member of the Board shall be related to each
incompetent. other or to any incumbent city or municipal elective
Section 12. Change of Residence to Another City or official within the fourth civil degree of consanguinity or
Municipality. Any registered voter who has transferred affinity. If in succeeding elections, any of the newly
residence to another city or municipality may apply with elected city or municipal officials is related to a member
the Election Officer of his new residence for the transfer of the board within the fourth civil degree of
of his registration records. consanguinity or affinity, such member is automatically
disqualified to preserve the integrity of the Election
The application for transfer of registration shall be Registration Board.
subject to the requirements of notice and hearing and
the approval of the Election Registration Board, in Every registered party and such organizations as may
accordance with this Act. Upon approval of the be authorized by the Commission shall be entitled to a
application for transfer, and after notice of such approval watcher in every registration board.
to the Election Officer of the former residence of the Section 16. Compensation of the Members of the
voter, said Election Officer shall transmit by registered Board. Each member of the Board shall be entitled to an
mail the voter’s registration record to the Election Officer honorarium to Two Hundred Pesos (P200.00) for each day
of the voter’s new residence. of actual service rendered in the Board, which amount
Section 13. Change of Address in the Same City or the Commission may adjust every three (3) years
Municipality. Any voter who has changed his address in thereafter. No member of the Board shall be entitled to
the same city or municipality shall immediately notify the travelling expenses.
Election Officer in writing. If the change of address Section 17. Notice and Hearing of Applications.
involves a change in precinct, the Board shall transfer his Upon receipt of applications for registration, the Election
registration record to the precinct book of voters of his Officer shall set them for hearing, notice of which shall be
new precinct and notify the voter of his new precinct All posted in the city or municipal bulletin board and in his
changes of address shall be reported to the office of the office for at least one (1) week before the hearing, and
provincial election supervisor and the Commission in furnish copies thereof to the applicant concerned, the
Manila. heads or representatives of political parties, and other
Section 14. Illiterate or Disabled Applicants. Any accredited groups or organizations which actively
illiterate person may register with the assistance of the participate in the electoral process in the city or
Election Officer or any member of an accredited citizen’s municipality. On the date of the hearing, the Election
arms. The Election Officer shall place such illiterate Officer shall receive such evidence for or against the
person under oath, ask him the questions, and record the applicant.
answers given in order to accomplish the application A registrant whose application is not seasonably
form in the presence of the majority of the members of objected to shall be notified in writing stating therein
the Board. The Election Officer or any member of an that no objection was raised against his application and
accredited citizen’s arm shall read the accomplished form that he need not appear on the date set for the hearing of
aloud to the person assisted and ask him if the his application. Physical presence of the applicant
information given is true and correct The accomplished concerned shall, however, be mandatory in all cases
form shall be subscribed by the applicant in the presence where objections against his application have been
of the Board by means of thumbmark or some other seasonably filed with the proper Election Registration
customary mark and it shall be subscribed and attested Board for him to rebut or refute evidence presented in
by the majority of the members of the Board. opposition thereto.
The attestation shall state the name of the person All applications for registration shall be heard and
assisted, the name of the Election Officer or the member processed on a quarterly basis. For this purpose, the
of the accredited citizen’s arm who assisted the applicant, Election Registration Board shall meet and convene on
the fact that the Election Officer placed the applicant the third Monday of April, July, October, and January of
under oath, that the Election Officer or the member of every calendar year, or on the next following working day
the accredited citizen’s arm who assisted the applicant if the designated days fail on a non-working holiday,
read the accomplished form to the person assisted, and except in an election year to conform with the one
that the person assisted affirmed its truth and accuracy, hundred twenty (120) days prohibitive period before
by placing his thumbmark or some other customary election day. Should one day be sufficient for the
mark on the application in the presence of the Board. processing of all accepted applications, the Board shall
The application for registration of a physically adjourn from day to day until all the applications shall
disabled person may be prepared by any relative within have been processed.
the fourth civil degree of consanguinity or affinity or by Section 18. Challenges to Right to Register. Any
the Election Officer or any member of an accredited voter, candidate or representative of a registered political
citizen’s arm using the data supplied by the applicant. party may challenge in writing any application for
The fact of illiteracy or disability shall be so indicated in registration, stating the grounds therefor. The challenge
the application. shall be under oath and be attached to the application,
Section 15. Election Registration Board. There shall together with the proof of notice of hearing to the
be in each city and municipality as many as Election challenger and the applicant.
Registration Boards as there are election officers therein. Oppositions to contest a registrant’s application for
In thickly populated cities/municipalities, the Commission inclusion in the voter’s list must, in all cases, be filed not
may appoint additional election officers for such duration later than the second Monday of the month in which the
as may be necessary. same is scheduled to be heard or processed by the
The Board shall be composed of the Election Officer Election Registration Board. Should the second Monday
as chairman and as members, the public school official of the month fall on a non-working holiday, oppositions
most senior in rank and the local civil registrar, or in this may be filed on the next following working day. The
absence, the city or municipal treasurer. hearing on the challenge shall be heard on the third
Monday of the month and the decision shall be rendered
In case of disqualification of the Election Officer, the before the end of the month.
Commission shall designate an acting Election Officer
who shall serve as Chairman of the Election Registration Section 19. Power to Administer Oath and Issue
Board. In case of disqualification or non-availability of the Summons. For purposes of determining the right of the
Local Registrar or the Municipal Treasurer, the applicants to be registered as a voter, the Election Officer
Commission shall designate any other appointive civil shall have the power to administer oath, issue subpoena
service official from the same locality as substitute. duces tecum and swear in witnesses. The fees and


expenses incidental thereto shall be paid in advance by the registered voter himself and only upon the authority
the party in whose behalf the summons is issued. of the Commission.
Section 20. Approval and Disapproval of The Commission shall adopt a design for the voter’s
Application. The Election Officer shall submit to the identification card which shall be, as much as possible,
Board all applications for registration filed, together with tamper proof. It shall provide the following: the name and
the evidence received in connection therewith. The Board address of the voter, his date of birth, sex, photograph,
shall, by majority vote, approve or disapprove the thumbmark, and the number of precinct where he is
applications. registered, the signature of the voter and the chairman of
Upon approval, the Election Officer shall assign a the Election Registration Board and the voter’s
voters identification number and issue the corresponding identification number (VIN).
identification card to the registered voter. If the Board Section 26. Voter’s Identification Number (VIN). The
disapproves the application, the applicant shall be Commission shall assign every registered voter a voter’s
furnished with a certificate of disapproval stating the identification number (V1N) consisting of three parts,
ground therefor. In cases of approval or disapproval, any each separated by a dash. For example: 7501 -00191
aggrieved party may file a petition for exclusion or -C145BCD.
inclusion, as the case may be, with the proper Municipal a) Part 1: Current Address of the Voter
or Metropolitan Trial Court as provided for in this Act.
1) the first two digits 75 stand for the province; and
Section 21. Publication of Action on Application for
Registration. Within five (5) days from approval or 2) The last two digits, 01, stand for the city,
disapproval of application, the Board shall post a notice in municipality, or a district, particularly in Manila.
the bulletin board of the city or municipal hall and in the The code assignment for provinces, cities and
office of the Election Officer, stating the name and municipalities shall follow the Urban Code devised by the
address of the applicant, the date of the application, and National Census and Statistics Office (NCSO).
the action taken thereon. The Election Officer shall
furnish a copy of such notice personally, or by registered b) Part II: Current Precinct Assignment of the Voter
mail or special delivery to the applicant and heads or 1) The first four digits, 0019, stand for the permanent
representatives of registered political parties in the city or number of the precinct where the voter is currently
municipality. assigned: and
Section 22. Preservation of Voter’s Registration 2) The letter indicates whether it is a mother or a
Records. The Election Officer shall compile the original daughter precinct.
copies of the approved applications for registration per
precinct and arrange the same alphabetically according The number assigned to the precinct in every city or
to surname. He shall preserve the book of voters and municipality shall be permanent but the voter may
ensure its integrity. The second and third copies of the transfer his precinct number. The VIN reflects the current
registration records shall be sent to the provincial and precinct assignment of the voter.
national central files within three (3) days after the c) Part III: Permanent Birth and Name Code Unique
approval of the Board. to the Voter
Section 23. Provincial File. There shall be a provincial 1) The letter, C, stands for the month, i.e., A for January,
file consisting of the duplicate copies of all registration B for February, and so forth;
records in each precinct of every city and municipality in 2) The next two digits, 14, stand for the date of birth;
the province. It shall be in the custody of the Provincial
Election Supervisor and shall be compiled and arranged 3) The next two digits, 51, stand for the year of birth;
by precinct, by municipality and alphabetically by and
surnames of voters. 4) The last three letters, BCD, stand for the name
Should the book of voters in the custody of the code, i.e., Bayani Cruz Davide.
Election Officer be lost or destroyed at a time so close to The last three letters shall stand for the first letter of
election day that there is no time to reconstitute the the first name, the middle name, and the last name in
same, the corresponding book of voters in the provincial that order.
file shall be used during the voting.
The Commission shall ensure that Part III hereof of
Section 24. National Central File. There shall be a the voter’s identification number (VIN) shall be
national central file under the custody of the Commission permanent and unique to each voter. If necessary, the
in Manila consisting of the third copies of all approved Commission may expand and modify the same.
voter registration records in each city or municipality. It
shall be compiled by precinct in each city/municipality d) The combined birth and name code is assigned
and arranged alphabetically by surname so as to make during the lifetime of every voter. Upon transfer of the
the file a replica of the book of voters in the possession of voter to another precinct, the first two parts of the VIN
the Election Officer. Thereafter a national list shall be shall change.
prepared following the alphabetical arrangements of Section 27. Deactivation of Registration. The board
surnames of voters. shall deactivate the registration and remove the
There shall be a national file consisting of the registration records of the following persons from the
computerized voters’ list (CVL), both in print and in corresponding precinct book of voters and place the
diskette, submitted by the Election Officers in each city same, properly marked and dated in indelible ink, in the
and municipality concerned, under the custody of the inactive file after entering the cause or causes of
Commission in Manila. deactivation:
The computerized voters’ list shall make use of a a) Any person who has been sentenced by final
single and uniform computer program that will have a judgment to suffer imprisonment for not less than one (1)
detailed sorting capability to list voters alphabetically by year, such disability not having been removed by plenary
the precincts where they vote, by the barangays, pardon or amnesty: Provided, however, That any person
municipalities, cities or provinces where they reside and disqualified to vote under this paragraph shall
by their voters identification number (VIN). automatically reacquire the right to vote upon expiration
of five (5) years after service of sentence as certified by
Section 25. Voter’s Identification Card. The voters the clerks of courts of the Municipal/Municipal
identification card issued to the registered voter shall Circuit/Metropolitan/Regional Trial Courts and the
serve as a document for his identification. In case of loss Sandiganbayan;
or destruction, no copy thereof may be issued except to
b) Any person who has been adjudged by final
judgment by a competent court or tribunal of having



caused/committed any crime involving disloyalty to the national central files. Copies of the certified list, along
duly constituted government such as rebellion, sedition, with a certified list of deactivated voters categorized by
violation of the anti-subversion and firearms laws, or any precinct per barangay, within the same period shall
crime against national security, unless restored to his full likewise be posted in the office of the Election Officer and
civil and political rights in accordance with law; Provided, in the bulletin board of each city/municipal hall. Upon
That he shall regain his right to vote automatically upon payment of the fees as fixed by the Commission, the
expiration of five (5) years after service of sentence; candidates and heads of registered political parties shall
c) Any person declared by competent authority to be also be furnished copies thereof.
insane or incompetent unless such disqualification has The Board shall also furnish two (2) certified copies for
been subsequently removed by a declaration of a proper said certified list of voters, along with a certified list of
authority that such person is no longer insane or deactivated voters to the Board of Election Inspectors for
incompetent; posting in the polling place and for their reference on
d) Any person who did not vote in the two (2) election day.
successive preceding regular elections as shown by their Section 31. Sealing of Precinct Book of Voters. The
voting records. For this purpose, regular elections do not Board shall notify within fifteen (15) days before the start
include the Sangguniang Kabataan (SK) elections; of the campaign period of all registered political parties
e) Any person whose registration has been ordered and members of the Board of Election Inspectors to
excluded by the Court; and inspect and verify the completeness of the voter’s
registration records for each precinct compiled in the
f) Any person who has lost his Filipino citizenship. book of voters.
For this purpose, the clerks of court for the After verification and certification by the Board of
Municipal/Municipal Circuit/Metropolitan/Regional Trial Election Inspectors and party representatives as to the
Courts and the Sandiganbayan shall furnish the Election completeness of the voters’ registration records in the
Officer of the city or municipality concerned at the end of precinct book of voters, the Board shall seal the book of
each month a certified list of persons who are voters in the presence of the former at the start of the
disqualified under paragraph (a) hereof, with their campaign period and take custody of the same until their
addresses. The Commission may request a certified list of distribution to the Board of Election Inspectors on
persons who have lost their Filipino Citizenship or election day. The Election Officer shall deliver the sealed
declared as insane or incompetent with their addresses precinct book of voters to the chairman of the Board of
from other government agencies. Election Inspectors when the latter secures its official
The Election Officer shall post in the bulletin board of ballots and other paraphernalia for election day.
his office a certified list of those persons whose Section 32. Common Rules Governing Judicial,
registration were deactivated and the reasons therefor, Proceedings in the Matter of Inclusion, Exclusion, and
and furnish copies thereof to the local heads of political Correction of Names of Voters.
parties, the national central file, provincial file, and the
voter concerned. a) Petition for inclusion, exclusion or correction of
names of voters shall be filed during office hours;
Section 28. Reactivation of Registration. Any voter
whose registration has been deactivated pursuant to the b) Notice of the place, date and time of the hearing of
preceding Section may file with the Election Officer a the petition shall be served upon the members of the
sworn application for reactivation of his registration in the Board and the challenged voter upon filing of the
form of an affidavit stating that the grounds for the petition. Service of such notice may be made by sending
deactivation no longer exist any time but not later than a copy thereof by personal delivery, by leaving it in the
one hundred twenty (120) days before a regular election possession of a person of sufficient discretion in the
and ninety (90) days before a special election. residence of the challenged voter, or by registered mail.
Should the foregoing procedures not be practicable, the
The Election Officer shall submit said application to notice shall be posted in the bulletin board of the city or
the Election Registration Board for appropriate action. municipal hall and in two (2) other conspicuous places
In case the application is approved, the Election within the city or municipality;
Officer shall retrieve the registration record from the c) A petition shall refer only to one (1) precinct and
inactive file and include the same in the corresponding implead the Board as respondents;
precinct book of voters. Local heads or representatives of
political parties shall be properly notified on approved d) No costs shall be assessed against any party in
applications. these proceedings. However, if the court should find that
the application has been filed solely to harass the adverse
Section 29. Cancellation of Registration. The Board party and cause him to incur expenses, it shall order the
shall cancel the registration records of those who have culpable party to pay the costs and incidental expenses;
died as certified by the Local Civil Registrar. The Local
Civil Registrar shall submit each month a certified list of e) Any voter, candidate or political party who may be
persons who died during the previous month to the affected by the proceedings may intervene and present
Election Officer of the place where the deceased are his evidence;
registered. In the absence of information concerning the f) The decision shall be based on the evidence
place where the deceased is registered, the list shall be presented and in no case rendered upon a stipulation of
sent to the Election Officer of the city or municipality of facts. If the question is whether or not the voter is real or
the deceased’s residence as appearing in his death fictitious, his non-appearance on the day set for hearing
certificate. In any case, the Local Civil Registrar shall shall be prima facie evidence that the challenged voter is
furnish a copy of this list to the national central file and fictitious; and
the proper provincial file. g) The petition shall be heard and decided within ten
The Election Officer shall post in the bulletin board of (10) days from the date of its filing. Cases appealed to the
his office a list of those persons who died whose Regional Trial Court shall be decided within ten (10) days
registrations were cancelled, and furnish copies thereof to from receipt of the appeal. In all cases, the court shall
the local heads of the political parties, the national central decide these petitions not later than fifteen (15) days
file, and the provincial file. before the election and the decision shall become final
Section 30. Preparation and Posting of the and executory.
Certified List of Voters. The Board shall prepare and post Section 33. Jurisdiction in Inclusion and Exclusion
certified list of voters ninety (90) days before a regular Case. The Municipal and Metropolitan Trial Courts shall
election and sixty (60) days before a special election and have original and exclusive jurisdiction over all cases of
furnish copies thereof to the provincial, regional and inclusion and exclusion of voters in their respective cities


or municipalities. Decisions of the Municipal or been included therein with a wrong or mispelled name
Metropolitan Trial Courts may be appealed by the may file with the Board an application for inclusion of his
aggrieved party to the Regional Trial Court within five (5) record, or reinstatement or correction of his name as the
days from receipt of notice thereof. Otherwise, said case may be. If it is denied or not acted upon, the voter
decision shall become final and executory. The regional may file on any date with the proper Municipal or
trial court shall decide the appeal within ten (10) days Metropolitan Trial Court a petition for an order directing
from the time it is received and the decision shall that the voter’s name be entered or corrected in the list.
immediately become final and executory. No motion for The voters shall attach to the petition a certified true copy
reconsideration shall be entertained. of his registration record or identification card or the
Section 34. Petition for Inclusion of Voters in the entry of his name in the list of voters used in the
List. Any person whose application for registration has preceding election, together with proof that his
been disapproved by the Board or whose name has been application was denied or not acted upon by the Board
stricken out from the list may file with the court a and that he has served notice thereof to the Board.
petition to include his name in the permanent list of Section 39. Annulment at Book of Voters. The
voters in his precinct at any time except one hundred five Commission shall, upon verified petition of any voter or
(105) days prior to a regular election or seventy-five (75) election officer or duly registered political party, and after
days prior to a special election. It shall be supported by a notice and hearing, annul any book of voters that is not
certificate of disapproval of his application and proof of prepared in accordance with the provisions of this Act or
service of notice of his petition upon the Board. The was prepared through fraud, bribery, forgery,
petition shall be decided within fifteen (15) days after its impersonation, intimidation, force or any similar
filing. irregularity, or which contains data that are statistically
If the decision is for the inclusion of voters in the improbable. No order, ruling or decision annulling a book
permanent list of voters, the Board shall place the of voters shall be executed within ninety (90) days before
application for registration previously disapproved in the an election.
corresponding book of voters and indicate in the Section 40. Reconstitution of Lost or Destroyed
application for registration the date of the order of Registration Records. The Commission shall reconstitute
inclusion and the court which issued the same. all registration records which have been lost or destroyed
Section 35. Petition for Exclusion of Voters from by using the corresponding copies of the provincial or
the List. Any registered voters, representative of a national central files. In case of conflict the Commission
political party or the Election Officer, may file with the shall determine which file shall be used for reconstitution
court a sworn petition for the exclusion of a voter from purposes. If this is not feasible, the Commission shall
the permanent list of voters giving the name, address and conduct a general registration of voters in the affected
the precinct of the challenged voter at any time except area: Provided, That there is a scheduled election before
one hundred (100) days prior to a regular election or the next scheduled general registration of voters in
sixty-five (65) days before a special election. The petition accordance with the Omnibus Election Code. All such
shall be accompanied by proof of notice to the Board and voters shall retain their voter’s identification number.
to the challenged voter and shall be decided within ten Reconstituted forms shall be clearly marked with the
(10) days from its filing. word "reconstituted."
If the decision is for the exclusion of the voter from It shall be the duty of the Election Officer to
the list, the Board shall, upon receipt of the final decision, immediately report to the Commission any case of loss or
remove the voter’s registration record from the destruction of registration record in his custody.
corresponding book of voters, enter the order of exclusion The reconstitution of any lost or destroyed
therein, and thereafter place the record in the inactive registration records shall not affect the criminal liability of
file. any person who is responsible for such loss or destruction.
Section 36. Verification of Registered Voters. The Section 41. Examination of Registration Records.
Election officer shall, in order to preserve the integrity of All registration records/computerized voters list in the
the permanent list of voters, file exclusion proceedings possession of the Election officer, the Provincial Election
when necessary, and verify the list of the registered voters Supervisor, and the Commission in Manila shall, during
of any precinct by regular mail or house to house canvass. regular office hours, be open to examination by the
The Commission may enlist the help of public for legitimate inquiries on election related matters,
representatives of political parties and deputize free from any charge or access fee.
non-government organizations (NGOs), civic Law enforcement agencies may, upon prior
organizations and barangay officials to assist in the authorization and subject to regulations promulgated by
verification and house to house canvass of registered the Commission, have access to said registration records
voters in every precinct. should the same be necessary to and in aid of their
Section 37. Voter Excluded Through Inadvertence or investigative functions and duties.
Registered with an Erroneous or Misspelled name. — Section 42. Right to Information. — The duly
Any registered voter who has not been included in the authorized representative of a registered political party or
precinct certified list of voters or who has been included of a bona fide candidate shall have the right to inspect
therein with a wrong or misspelled name may file with and/or copy at their expense the accountable registration
the Board an application for reinstatement or correction forms and/or the list of registered voters in the precincts
of name. If it is denied or not acted upon, he may file on constituting the constituency of the bonafide candidate
any date with the proper Municipal Circuit, Municipal or or at which the political party is fielding candidates. The
Metropolitan Trial Court a petition for an order directing inspection and copying shall be conducted during
that his name be entered or corrected in the list. He shall business hours of the Commission and shall be subject to
attach to the petition a certified copy of his registration reasonable regulations.
record or identification card or the entry of his name in Section 43. Computerization at Permanent List of
the certified list of voters used in the preceding election, Voters. — A permanent and computerized list arranged
together with the proof that his application was denied or by precinct, city or municipality, province and region shall
not acted upon by the Board and that he has served be prepared by the Commission. Thereafter, another list
notice to the Board. shall be prepared consisting of the names of the voters,
Section 38. Voters Excluded through Inadvertence arranged alphabetically according to surnames.
or Registered with an Erroneous or Mispelled Name. — The computer print-outs of the list of voters duly
Any registered voter whose registration record has not certified by the Board are official documents and shall be
been included in the precinct book of voters, or whose
name has been omitted in the list of voters or who has


used for voting and other election related purposes as (P100,000) but not more than Five hundred thousand
well as for legitimate research needs. pesos (P500,000).
The total number of voters in the permanent list shall Section 47. Funding. The amount of Two billion
be the basis for the printing of the official ballots by the pesos (2,000,000,000) is hereby included in the General
Commission. Appropriations Act for the fiscal year 1997 to defray the
Section 44. Reassignment of Election Officers. No expenses for the registration activities.
Election Officer shall hold office in a particular city or Section 48. Multi-partisan Monitoring and
municipality for more than four (4) years. Any election Evaluation Committee. A Monitoring and Evaluation
officer who, either at the time of the approval of this Act Committee is hereby created composed of seven (7)
or subsequent thereto, has served for at least four (4) members to be based on party representation of the
years in a particular city or municipality shall seven (7) major political parties that fielded presidential
automatically be reassigned by the Commission to a new candidates in the 1992 synchronized elections. The
station outside the original congressional district. Committee is an ad hoc body attached to the
Section 45. Election Offenses. — The following shall Commission but not subject to its supervision and
be considered election offenses under this Act: control.
a) to deliver, hand over, entrust or give, directly or The task of the Committee is to monitor and evaluate
indirectly, his voter’s identification card to another in the system, procedures or guidelines prepared by the
consideration of money or other benefit of promise; or Commission for the conduct of the general registration
take or accept such voter’s identification card, directly or and the continuing system of registration in accordance
indirectly, by giving or causing the giving or money or with this Act.
other benefit or making or causing the making of a The Committee shall prepare two reports outlining
promise therefore; the findings and recommendations for immediate action
b) to fail, without cause, to post or give any of the or institution of corrective measures by the Commission
notices or to make any of the reports re-acquired under and/or Congress. The first report shall be submitted to the
this Act; Commission and Congress three (3) months before the
holding of the general registration. The second report
c) to issue or cause the issuance of a voter’s shall be due at the end of the year on the initial
identification number or to cancel or cause the implementation of the system of continuing registration.
cancellation thereof in violation of the provisions of this
Act; or to refuse the issuance of registered voters their The amount not less than Fifty million pesos
voter’s identification card; (P50,000,000) but not more than One hundred million
pesos (P100,000,000) is hereby allocated from the Two
d) to accept an appointment, to assume office and to billion pesos (P2,000,000,000) allocation provided in the
actually serve as a member of the Election Registration preceding section for the operations of the Committee.
Board although ineligible thereto, to appoint such This amount shall be held in trust by the Commission
ineligible person knowing him to be ineligible; subject to the usual accounting and auditing procedures.
e) to interfere with, impede, abscond for purpose of Section 49. Rules and Regulations. — The
gain or to prevent the installation or use of computers Commission shall promulgate the necessary rules and
and devices and the processing, storage, generation, and regulations to implement the provisions of this Act not
transmission of registration data or information; later than ninety (90) days before the first day of
f) to gain, cause access to use, alter, destroy, or registration as provided for in this Act.
disclose any computer data, program, system software, Section 50. Separability Clause. — If any part of this
network, or any computer-related devices, facilities, Act is held invalid or unconstitutional, the other parts or
hardware or equipment, whether classified or provisions hereof shall remain valid and effective.
declassified;
Section 51. Repealing Clause. — All laws, decrees,
g) failure to provide certified voters and deactivated executive orders, rules and regulations inconsistent with
voters list to candidates and heads of representatives of this Act are hereby repealed or modified accordingly.
political parties upon written request as provided in
Section 30 hereof; Section 52. Effectivity. This Act shall take effect fifteen
(15) days after its publication in at least two (2)
h) failure to include the approved application form for newspapers of general circulation.
registration of a qualified voter in the book of voters of a
particular precinct or the omission of the name of a duly Approved, June 11, 1996.
registered voter in the certified list of voters of the
precinct where he is duly, registered resulting in his
failure to cast his vote during an election, plebiscite,
referendum, initiative and/or recall. The presence of the
RA No 8295 | Proclamation of a Lone
form or name in the book of voters or certified list of Candidate in a Special Election
voters in precincts other than where he is duly registered
shall not be an excuse hereof;
i) the posting of a list of voters outside or at the door June 6, 1997
of a precinct on the day of an election, plebiscite, AN ACT PROVIDING FOR THE PROCLAMATION OF A
referendum, initiative and/or recall, and which list is LONE CANDIDATE FOR ANY ELECTIVE OFFICE IN A
different in contents from the certified list of voters being SPECIAL ELECTION, AND FOR OTHER PURPOSES
used by the Board of Election Inspectors; and Be it enacted by the Senate and House of
j) Violation of the provisions of this Act. Representatives of the Philippines in Congress
Section 46. Penalties. Any person found guilty of any assembled::
Election offense under this Act shall be punished with Section 1. Declaration of policy. — It is hereby
imprisonment of not less than one (1) year but not more declared the policy of the State to provide the people
than six (6) years and shall not be subject to probation. In with adequate and constant governance and
addition, the guilty party shall be sentenced to suffer representation in public affairs. Towards this end, the
disqualification to hold public office and deprivation of State shall ensure that, as much as practicable, each and
the right of suffrage. If he is a foreigner, he shall be every elective position in the executive and legislative
deported after the prison term has been served. Any branches of government is occupied at all times at the
political party found guilty shall be sentenced to pay a least of cost to government.
fine of not less than One hundred thousand pesos


Section 2. Proclamation of a lone candidate. — Section 10. Effectivity. — This Act shall take effect
Upon the expiration of the deadline for the filing of the fifteen (15) days after its publication in two (2) national
certificates of candidacy in a special election called to fill newspapers of general circulation.
a vacancy in an elective position other than for President Approved: June 6, 1997.
and Vice President, when there is only one (1) qualified
candidate for such position, the lone candidate shall be
proclaimed elected to the position by proper proclaiming
body of the Commission on Elections without holding the RA No 8436 | Automated Election System
special election upon certification by the Commission on
Elections that he is the only candidate for the office and is Act
thereby deemed elected. As amended by RA No 9369
Section 3. Assumption of office. — In the absence of
any lawful ground to deny due course or cancel the December 22, 1997
certificate of candidacy in order to prevent such
proclamation, as provided for under Sec.s 69 and 78 of AN ACT AUTHORIZING THE COMMISSION ON
Batas Pambansa Bilang 881 also known as the Omnibus ELECTIONS TO USE AN AUTOMATED ELECTION SYSTEM
Election Code of the Philippines, the candidate referred to IN THE MAY 11, 1998 NATIONAL OR LOCAL ELECTIONS
in the preceding paragraph shall assume office not earlier AND IN SUBSEQUENT NATIONAL AND LOCAL
than the scheduled election day. Certificates of candidacy ELECTORAL EXERCISES, PROVIDING FUNDS THEREFOR
filed in violation hereof shall not be given due course. For AND FOR OTHER PURPOSES
this purpose, the Commission shall decide petitions for Be it enacted by the Senate and House of
disqualifications not later than election day; otherwise, Representatives of the Philippines in Congress
such petitions shall be deemed dismissed. assembled::
Section 4. Disqualification. — In addition to the Section 1. Declaration of policy. — It is policy of the
disqualifications mentioned in Sec.s 12 and 68 of the State to ensure free, orderly, honest, peaceful, credible
Omnibus Election Code and Sec. 40 of Republic Act No. and informed elections, plebiscites, referenda, recall and
7160, otherwise known as the Local Government Code, other similar electoral exercises by improving on the
whenever the evidence of guilt is strong, the following election process and adopting systems, which shall
persons are disqualified to run in a special election called involved the use of an automated election system that
to fill the vacancy in an elective office, to wit: will ensure the secrecy and sanctity of the ballot and all
a) Any elective official who has resigned from his election, consolidation and transmission documents on
office by accepting an appointive office or for whatever order that the process shall be transparent and credible
reason which he previously occupied but has caused to and that the results shall be fast, accurate and reflective
become vacant due to his resignation; and of the genuine will of the people.
b) Any person who, directly or indirectly, coerces, The State recognizes the mandate and authority of
bribes, threatens, harasses, intimidates or actually causes, the Commission to prescribe adoption and use of the
inflicts or produces any violence, injury, punishment, most suitable technology of demonstrated capability
torture, damage, loss or disadvantage to any person or taking into account the situation prevailing in the area
persons aspiring to become a candidate or that of the and the funds available for the purpose. (as amended by
immediate member of his family, his honor or property RA No 9369)
that is meant to eliminate all other potential candidate. Section 2. Definition of terms. — As used in this Act,
Section 5. Prohibited acts, election offenses and the following terms shall mean:
penalties. — Any act of coercion, bribery, threat, 1. Automated election system, hereinafter to as AES —
harassment, intimidation, terrorism, or actually causing, a system using appropriate technology which has been
inflicting or producing violence, injury, punishment, demonstrated in the voting, counting, consolidating,
torture, damage, loss or disadvantage to discourage any canvassing, and transmission of election result, and other
other person or persons from filing a certificate of electoral process;
candidacy in order to eliminate all other potential
candidate from running in a special election shall 2. Electronic transmission — conveying data in
constitute as an election offense. Violations of this electronic form from one location to other;
provision shall be prosecuted and penalized in 3. Official ballot — where AES is utilized, refers to the
accordance with the provision of Sec. 264 of the Omnibus paper ballot, whether printed or generated by the
Election Code. technology applied, that faithfully captures or represents
Section 6. Applicability. — The pertinent provisions of the votes cast by a voter recorded or to be recorded in
Batas Pambansa Bilang 881, as amended, otherwise electronic form;
known as the Omnibus Election Code of the Philippines, 4. Election returns — a document in electronic and
and other election laws which are not in conflict with the printed form directly produced by the counting or voting
provision herein provided, shall remain in full force and machine, showing the date of the election, the province,
effect and are hereby adopted as parts hereof. municipality and the precinct in which it is held and the
Section 7. Implementing authority. — The votes in figures for each candidate in a precinct in areas
Commission on Elections shall, within fifteen (15) days where AES is utilized;
from the effectivity of this Act, promulgate rules and 5. Statement of votes — a document containing the
regulations necessary to carry out the purpose of this Act. votes obtained by candidates in each precinct in a
Section 8. Separability clause. — If for any reason or city/municipality;
reasons, any Sec., provision of this Act, or any part thereof, 6. City/municipal/district/provincial certificate of
or the application of such Sec., provision or portion is canvass — a document in electronic and printed form
declared or held unconstitutional or invalid, other parts or containing the total votes in figures obtained by each
the remainder thereof which are not affected thereby candidate in a city/municipality/district/province as the
shall continue to be in full force and effect. case may be. The electronic certificates of canvass shall
Section 9. Repealing clause. — All laws, decrees, be the official canvass result in the aforementioned
executive orders, in whole or in part, particularly pertinent jurisdictions;
provisions of Republic Act Nos. 7160 and 7166, including 7. Paper-based election system — a type of
the rules and regulations promulgated thereunder automated election system that use paper ballots,
inconsistent with the provisions of this Act, are hereby records and counts votes, tabulates,
amended, repealed or modified accordingly.


consolidates/canvasses and transmits electronically the Section 6. Minimum System Capabilities. — The
results of the vote count;" automated election system must at least have the
8. Direct recording electronic election system — a following functional capabilities:
type or automated election system that uses electronic (a) Adequate security against unauthorized access:
ballots, records, votes by means of a ballot display (b) Accuracy in recording and reading of votes as well
provided with mechanical or electro-optical component as in the tabulation, consolidation/canvassing, electronic
that can be activated by the voter, processes data by transmission, and storage of results;
means of a computer programs, record voting data and
ballot images, and transmits voting results electronically; (c) Error recovery in case of non-catastrophic failure of
device;
9. Counting center — a public places within the
city/municipality or in such other places as may be (d) System integrity which ensures physical stability
designated by the Commission where the official ballots and functioning of the vote recording and counting
cast in various precincts of the city/municipality shall be process;
counted. Polling places or voting centers may also be (e) Provision for voter verified paper audit trail;
designated as counting centers;
(f) System auditability which provides supporting
10. Continuity plan — a list of contingency measures, documentation for verifying the correctness of reported
and the policies for activation of such, that are put in election results;
place to ensure continuous operation of the AES;
(g) An election management system for preparing
11. Disabled voters — a person with impaired capacity ballots and programs for use in the casting and counting
to use the AES; of votes and to consolidate, report and display election
12. Source code — human readable instructions that result in the shortest time possible;
define what the computer equipment will do; and (h) Accessibility to illiterates and disable voters;
13. Station- refers to a polling place, counting center, (i) Vote tabulating program for election, referendum
municipal or provincial canvassing center. or plebiscite;
(as amended by RA No 9369) (j) Accurate ballot counters;
Section 3. Board of Election Inspectors.- Where AES (k) Data retention provision;
shall be adopted, at least one member of the Board of
Election Inspectors shall be an information (l) Provide for the safekeeping, storing and archiving
technology-capable person, who is trained or certified by of physical or paper resource used in the election process;
the DOST to use the EAS. Such certification shall be (m) Utilize or generate official ballots as herein
issued by the DOST, free of charge. (as amended by RA defined;
No 9369)
(n) Provide the voter a system of verification to find
Section 4. Duties and functions of the special out whether or not the machine has registered his choice;
members of the Board of Election Inspectors. — (as and
deleted by RA No 9369)
(o) Configure access control for sensitive system data
Section 4. Information Technology Support for the and function.
Board of Canvassers. — To implement the AES, each
board of canvassers shall be assisted by an information In the procurement of this system, the Commission
technology-capable person authorized to operate the shall develop and adopt an evaluation system to ascertain
equipment adopted for the elections. The Commission that the above minimum system capabilities are met.
shall deputized information technology personnel from This evaluation system shall be developed with the
among the agencies and instrumentalities of the assistance of an advisory council. (7a) (as amended by
government, including government-owned and RA No 9369)
controlled corporations. The per diem of the deputized Section 7. Communication Channels for Electronic
personnel shall be the same as that of the members of Transmissions. — all electronic transmissions by and
the board of canvassers. (5a) (as amended by RA No among the EAS and its related components shall utilizes
9369) secure communication channels as recommended by the
Section 5. Authority to use an automated election Advisory Council, to ensure authentication and integrity
system. — To carry out the above-stated policy, the of transmission. (as created by RA No 9369)
Commission on Elections, herein referred to as the Section 8. The Advisory Council. — The Commission
Commission, is hereby authorized to use an automated shall create an advisory Council, hereafter referred to as
election system or systems in the same election in the Council, which shall be convened not later than
different provinces, whether paper-based or a direct eighteen (18) months prior to the next schedule electoral
recording electronic election system as it may deem exercise, and deactivated six months after completion of
appropriate and practical for the process of voting, canvassing: Provided, for purposes of the 2007 elections,
counting of votes and canvassing/consolidation and the Advisory Council shall be immediately convened
transmittal of results of electoral exercises: Provided, that within ten (10) days after the effectivity of this Act.
for the regular national and local election, which shall be The Council shall be composed of the following
held immediately after effectivity of this Act, the AES shall members, who must be registered Filipino voters, of
be used in at least two highly urbanized cities and two known independence, competence and probity;
provinces each in Luzon, Visayas and Mindanao, to be
chosen by the Commission: Provided, further, That local (a) The Chairman of the Commission on information
government units whose officials have been the subject and Communications Technology (CICT) who shall act as
of administrative charges within sixteen (16) month prior the chairman of the council;
to the May 14, 2007 election shall not be chosen: Provided, (b) One member from the Department of Science
finally, That no area shall be chosen without the consent and Technology;
of the Sanggunian of the local government unit
concerned. The term local government unit as used in (c) One member from the Department of Education;
this provision shall refer to a highly urbanized city or (d) One member representing the academe, to be
province. In succeeding regular national or local elections, selected by the chair of the Advisory Council from among
the AES shall be implemented nationwide. (6a) (as the list of nominees submitted by the country's academic
amended by RA No 9369) institutions;
(e) Three members representing ICT professional
organizations to be selected by the chair of the Advisory


Council from among the list of nominees submitted by election to the oversight committee, evaluating the use of
Philippines-based ICT professional organization. the AES.
Nominees shall be individuals, at least one of whom shall Nothing in the role of the Council or any outside
be experience in managing or implementing large-scale intervention or influence shall be construed as an
IT projects. abdication or diminution of the Commission's authority
(f) Two members representing nongovernmental and responsibility for the effective development,
electoral reform organizations, to be selected by the chair management and implementation of the AES and this
of the Advisory Council from among the list of nominees Act.
submitted by the country's nongovernmental electoral The Advisory Council shall be entitled to a just and
reform organizations. reasonable amount of per diem allowances and/or
A person who is affiliated with any political party or honoraria to cover the expenses of the services rendered
candidate for any national position, or is related to a chargeable against the budget of the Commission. (as
candidate for any national position by affinity or created by RA No 9369)
consanguinity within the fourth civil degree, shall not be Section 10. The Technical Evaluation Committee. —
eligible for appointment or designation to the Advisory The Commission, in collaboration with the chairman of
Council. Should any such situation arise at any time the Advisory Council, shall establish an independent
during the incumbency of a member, the designation or technical evaluation committee, herein known as the
appointment of that member, shall ipso facto be Committee, composed of a representative each from the
terminated. Commission, the Commission on Information and
Any member of the advisory council is prohibited Communications Technology and the Department of
from engaging, directly or indirectly, with any entity that Science and Technology who shall act as chairman of the
advocates, markets, imports, produces or in any manner Committee.
handles software, hardware or any equipment that may The Committee shall be immediately convened
be used for election purposes for personal gain. within ten (10) days after the effectivity of this Act. (as
Any violation of the two immediate preceding created by RA No 9369)
paragraphs shall disqualify said member from the Section 11. Functions of the Technical Evaluation
Advisory Council and shall be punishable as provided in Committee. — The Committee shall certify, through an
this Act and shall be penalized in accordance with the established international certification entity to be chosen
Anti-Graft and Corrupt Practices Act and other related by the Commission from the recommendations of the
laws. Advisory Council, not later than three months before the
The council may avail itself of the expertise and date of the electoral exercises, categorically stating that
services of resource person who are known the AES, including its hardware and software
independence, competence and probity, are nonpartisan, components, is operating properly, securely, and
and do not possess any of the disqualifications applicable accurately, in accordance with the provisions of this Act
to a member of the Advisory Council as provided herein. based, among others, on the following documented
The resource persons shall also be subject to the same results:
prohibitions and penalties as the members of the 1. The successful conduct of a field testing process
Advisory Council. followed by a mock election event in one or more
The commission on information and cities/municipalities;
communications technology (CICT), shall include in its 2. The successful completion of audit on the accuracy,
annual appropriation the funds necessary to enable the functionally and security controls of the AES software;
council to effectively perform its functions. (as created by
RA No 9369) 3. The successful completion of a source code review;
Section 9. Function of the Advisory Council. — the 4. A certification that the source code is kept in
Council shall have the following functions: escrow with the Bangko Sentral ng Pilipinas;
1. Recommend the most appropriate, secure, 5. A certification that the source code reviewed is one
applicable and cost-effective technology to be applied in and the same as that used by the equipment; and
the AES, in whole or in part, at that specific form in time. 6. The development, provisioning, and
2. Participate as non-voting members of the Bids and operationalization of a continuity plan to cover risks to the
Awards Committee in the conduct of the bidding process AES at all points in the process such that a failure of
for the AES. Members of the Advisory Council elections, whether at voting, counting or consolidation,
representing the ICT Professionals organizations are may be avoided.
hereby excluded from participating in any manner in the For purposes of the 2007 elections, the certification
Bids and Awards Committee. shall be done not later than eight weeks prior to the date
3. Participate as non-voting members of the steering of the elections.
committee tasked with the implementation of the AES, If the Commission decides to proceed with the use of
Members of the Advisory Council representing the ICT the AES without the Committee's certification, it must
professional organization are hereby excluded from submit its reason in writing, to the Oversight Committee,
participating in any manner in the steering committee. no less than thirty (30) days prior to the electoral exercise
4. Provide advice and assistance in the review of the where the AES will be used.
systems planning, inception, development, testing, The Committee may avail itself of the expertise and
operationalization, and evaluation stages. service of resource persons who are of known
5. Provided advice and/or assistance in the independence, competence and probity, are no partisan,
identification, assessment and resolution of systems and who do not possess any of the disqualification
problems or inadequacies as may surface or resurface in applicable to a member of the Advisory Council as
the course of the bidding, acquisition, testing, provided herein. The resource persons shall also be
operationalization, re-use, storage or disposition of the subject to the same prohibitions and penalties as the
AES equipment and/or resources as the case may be. members of the Advisory Council.
6. Provided advice and/or assistance in the risk The Committee shall closely coordinate with the
management of the AES especially when a contingency steering committee of the Commission tasked with the
or disaster situation arises. implementation of the AES in the identification and
agreement of the project deliverables and timelines, and
7. Prepare and submit a written report, which shall be in the formulation of the acceptance criteria for each
submitted within six months from the date of the deliverable. (as created by RA No 9369)


Section 12. Procurement of equipment and shall be arranged alphabetically by surname and
materials. — To achieve the purpose of this Act, the uniformly indicated using the same type size. The maiden
Commission in authorized to procure, in accordance with or married name shall be listed in the official ballot, as
existing laws, by purchase, lease, rent or other forms of preferred by the female candidate. Under each
acquisition, supplies, equipment, materials, software, proposition to be vote upon, the choices should be
facilities, and other service, from local or foreign sources uniformly indicated using the same font and size.
free from taxes and import duties, subject to accounting A fixed space where the chairman of the board of
and auditing rules and regulation. With respect to the election inspector shall affix her/her signature to
May 10, 2010 election and succeeding electoral exercises, authenticate the official ballot shall be provided.
the system procured must have demonstrated capability
and been successfully used in a prior electoral exercise For this purpose, the Commission shall set the
here or board. Participation in the 2007 pilot exercise shall deadline for the filing of certificate of candidacy/petition
not be conclusive of the system's fitness. of registration/manifestation to participate in the election.
Any person who files his certificate of candidacy within
In determining the amount of any bid from a this period shall only be considered as a candidate at the
technology, software or equipment supplier, the cost to start of the campaign period for which he filed his
the government of its deployment and implementation certificate of candidacy: Provided, That, unlawful acts or
shall be added to the bid price as integral thereto. The omissions applicable to a candidate shall effect only upon
value of any alternative use to which such technology, that start of the aforesaid campaign period: Provided,
software or equipment can be put for public use shall not finally, That any person holding a public appointive office
be deducted from the original face value of the said bid. or position, including active members of the armed
(8a) (as amended by RA No 9369) forces, and officers, and employees in
Section 13. Continuity Plan. — The AES shall be so government-owned or-controlled corporations, shall be
designed to include a continuity plan in case of a systems considered ipso facto resigned from his/her office and
breakdown or any such eventuality which shall result in must vacate the same at the start of the day of the filing
the delay, obstruction or nonperformance of the electoral of his/her certification of candidacy.
process. Activation of such continuity and contingency Political parties may hold political conventions to
measures shall be undertaken in the presence of nominate their official candidate within thirty (30) days
representatives of political parties and citizen's arm of the before the start of the period for filing certificate of
Commission who shall be notified by the election officer candidacy.
of such activation.
With respect to a paper-based election system, the
All political parties and party-lists shall be furnished official ballots shall be printed by the National Printing
copies of said continuity plan at their official addresses as Office and/or the Bangko Sentral ng Pilipinas at the price
submitted to the Commission. The list shall be published comparable with that of private printers under proper
in at least two newspaper of national of circulation and security measures which the Commission shall adopt.
shall be posted at the website of the Commission at least The Commission may contact the services of private
fifteen (15) days prior to the electoral activity concerned. printers upon certification by the National Printing
(9a) (as amended by RA No 9369) Office/Bangko Sentral ng Pilipinas that it cannot meet
Section 14. Examination and Testing of Equipment the printing requirements. Accredited political parties
or Device of the AES and Opening of the Source Code and deputized citizen's arms of the Commission shall
for Review. — The Commission shall allow the political assign watchers in the printing, storage and distribution
parties and candidates or their representatives, citizens' of official ballots.
arm or their representatives to examine and test. To prevent the use of fake ballots, the Commission
The equipment or device to be used in the voting and through the Committee shall ensure that the necessary
counting on the day of the electoral exercise, before safeguards, such as, but not limited to, bar codes,
voting start. Test ballots and test forms shall be provided holograms, color shifting ink, microprinting, are provided
by the Commission. on the ballot.
Immediately after the examination and testing of the The official ballots shall be printed and distributed to
equipment or device, parties and candidates or their each city/municipality at the rate of one ballot for every
representatives, citizen's arms or their representatives, registered voter with a provision of additional three
may submit a written comment to the election officer ballots per precinct. (11a) (as amended by RA No 9369)
who shall immediately transmit it to the Commission for Section 16. Substitution of candidates. — In case of
appropriate action. valid substitutions after the official ballots have been
The election officer shall keep minutes of the testing, printed, the votes cast for the substituted candidates shall
a copy of which shall be submitted to the Commission be considered votes for the substitutes. (15a)
together with the minute of voting. Section 17. Ballot box. — Where applicable, there
Once an AES technology is selected for shall be in each precinct on election day a ballot box with
implementation, the Commission shall promptly make such safety features that the Commission may prescribe
the source code of that technology available and open to and of such size as to accommodate the official ballots.
any interested political party or groups which may (13a) (as amended by RA No 9369)
conduct their own review thereof. (10a) (as amended by Section 18. Procedure in voting. — The Commission
RA No 9369) shall prescribe the manner and procedure of voting,
Section 15. Official ballot. — The Commission shall which can be easily understood and followed by the
prescribe the format of the electronic display and/or the voters, taking into consideration, among other things, the
size and form of the official ballot, which shall contain the secrecy of the voting. (14a) (as amended by RA No 9369)
titles of the position to be filled and/or the proposition to Section 19. Closing of polls. — After the close of
be voted upon in an initiative, referendum or plebiscite. voting, the board shall enter in the minutes the number
Where practicable, electronic displays must be of registered voters who actually voted, the number and
constructed to present the names of all candidates for serial number of unused and spoiled ballots, the serial
the same position in the same page or screen, otherwise, number of the self-locking metal seal to be used in
the electronic displays must be constructed to present sealing the ballot box. The board shall then place the
the entire ballot to the voter, in a series of sequential minutes inside the ballot box and thereafter close, lock
pages, and to ensure that the voter sees all of the ballot and seal the same with padlocks, self-locking metal seals
options on all pages before completing his or her vote or any other safety devices that the Commission may
and to allow the voter to review and change all ballot authorize. The chairman of the Board of Election
choices prior to completing and casting his or her ballot. Inspectors shall publicly announce that the votes shall be
Under each position to be filled, the names of candidates



counted at a designated counting center where the 4) The fourth copy, to the citizen's arm authorized by
board shall transport the ballot box containing the ballots the Commission to conduct an unofficial count
and other election documents and paraphernalia. 5) The fifth copy, to the dominant majority party as
For the purpose of the May 11, 1998 elections, the determined by the Commission in accordance with law;
chairman of the Board of Election Inspectors shall 6) The six copy, to the dominant minority party as
publicly announce that the votes for president, determined by the Commission in accordance with law;
vice-president, senators and parties, organizations or and
coalitions participating in the party-list system shall be
counted at a designated counting center. During the 7) The seventh copy shall be deposited inside the
transport of the ballot box containing the national ballots compartment of the ballot box for valid ballots.
and other documents, the fourth member of the board 8) The eight copy to the Provincial Board of
shall be escorted by representatives from the Armed canvassers;
Forces of the Philippines or from the Philippine National
Police, citizens' arm, and if available, representatives of 9) The ninth to the eighteenth copies, shall be given
political parties and candidates. (15a) (as amended by RA to the ten (10) accredited major national parties,
No 9369) excluding the dominant majority and minority parties, in
accordance with a voluntary agreement among them. If
Section 20. Notice of Designation of Counting no such agreement is reached, the Commission shall
Centers. — The election officer shall post prominently in decide which parties shall receive the copies on the basis
his/her office, in the bulletin boards at the city/municipal of the criteria provided in Section 26 of Republic Act No.
hall and in three other conspicuous places in the 7166;
city/municipality, the notice on the designated counting
center(s) for at least three weeks prior to election day. The 10) The nineteenth and twentieth copies, to the two
notice shall specify the precincts covered by each accredited major local parties in accordance with a
counting center and the number of registered voters in voluntary agreement among them. If no such agreement
each of said precincts. The election officer shall also is reached, the commission shall decide which parties
furnish a copy of the notice to the headquarters or official shall receive the copies on the basis of criteria analogous
address of the political parties or independent candidates to that provided in Section 26 of Republic Act No. 7166;
within the same period. The election officer shall post in 11) The twenty-first to the twenty-fourth copies, to
the Commission website concerned the said notice and national broadcast or print media entities as may be
publish the notice in the local newspaper. Where the equitably determined by the Commission in view of
polling place or voting center is also the designated propagating the copies to the widest extent possible;
counting center, such information shall be contained in
the notice. 12) The twenty-fifth and twenty-six copies, to local
broadcast or print media entities as may be equitably
The Commission may not designate as counting determined by the Commission in view of propagating
center any building or facility located within the premises the copies to the widest extent possible; and
of a camp, reservation compound, headquarters,
detachment, or field office of the military, police, prison or 13) The twenty-seventh to the thirtieth copies, to the
detention bureau, or any law enforcement or major citizen's arms, including the accredited citizen's
investigation agency. (15a) (as amended by RA No 9369) arm, and other non-partisan groups or organization
enlisted by the Commission pursuant to Section 52(k) of
Section 21. Counting procedure. — The Commission Batas Pambansa Blg. 881. Such citizens' arm, groups and
shall prescribe the manner and procedure of counting organization may use the four certified copies of election
the votes under the automated system: Provided, that returns for the conduct of citizens' quick counts at the
apart from the electronically stored result, thirty (30) local or national levels;
copies of the election return are printed. (16a) (as
amended by RA No 9369) B. In the election of local officials and members of the
House of Representatives:
Section 22. Election returns. — Each copy of the of
the printed election returns shall bear appropriate control 1) The First copy shall be delivered to the city or
marks to determine the time and place of printing. Each municipal board of canvassers;
copy shall be signed and thumbmarked by all the 2) The second copy, to the Commission;
members of the board of election inspectors and the 3) The third copy, to the provincial board of
watchers present. If any member of the board of election canvassers;
inspectors present refuses to sign, the chairman of the
board shall note the same copy in each copy of the 4) The fourth copy, to the citizens' arm authorized by
printed election returns. The member of the board of the Commission to conduct an unofficial count;
election inspectors concerned refusing to sign shall be 5) The fifth copy, to the dominant majority party as
compelled to explain his or her refusal to do so. Failure to determined by the Commission in accordance with law;
explain an unjustifiable refusal to sign each copy of the
printed election return by any member of the board of 6) The sixth copy, to the dominant minority party as
election inspectors shall be punishable as provided in this determined by the Commission in accordance with law;
Act. The chairman of the boards shall then publicly read and
and announce the total numbers of registered voters, the 7) The seventh copy shall be deposited inside the
total number of voters who actually voted and the total copy shall deposited inside the compartment of the
numbers of votes obtained by each candidate based on ballot box for valid ballots.
the election returns.
8) The eight copy to be posted conspicuously on a
Thereafter, the copies of the election returns shall be wall within the premises of the polling place or counting
sealed and placed in the proper envelopes for distribution center;
as follows:
9) The ninth to the eighteenth copies, shall be given
A. In the election of president, vice-president, to the ten (10) accredited major national parties,
senators and party-list system; excluding the dominant majority and minority parties, in
1) The first copy shall be delivered to the city or accordance with a voluntary agreement among them. If
municipal board of canvassers; no such agreement is reached, the Commission shall
decide which parties shall receive the copies on the basis
2) The second copy, to the congress, directed to the of the criteria provided in Section 26 of Republic Act No.
President of the Senate; 7166;
3) The third copy, to the commission; 10) The nineteenth and twentieth copies shall be
given to the two accredited major local parties in



accordance with a voluntary agreement among them. If executive judge of the regional trial court, or any other
no such agreement is reached, the Commission shall available appointive provincial official in the case of the
decide which parties shall receive the copies on the basis provincial board of canvassers; the officials in the city
of criteria analogous to that provided in Section 26 of corresponding to those enumerated in the case of the
republic Act No. 7166; city board of canvassers; and the municipal administrator,
11) The twenty-first to the twenty-fifth copies, to the municipal assessor, the clerk of court nominated by
national broadcast or print media entities as may be the judge of the municipal trial court, in the case of the
equitably determined by the Commission in view of municipal board of canvassers. (20a)
propagating the copies to the widest extent possible; Section 25. Canvassing by Provincial, City, District
12) The twenty-sixth and twenty-seventh copies, to and Municipal Boards of Canvassers. — The City or
local broadcast or print media entities as may be Municipal board of canvassers shall canvass the votes for
equitably determined by the Commission in view of the president, vice-president, senators, and parties,
propagating the copies to the widest extent possible; and organization or coalitions participating under the
party-list system by consolidating the electronically
13) The twenty-eighth to the thirtieth copies to the transmitted results contained in the data storage devices
major citizens' arms, including the accredited citizens' used in the printing of the election returns. Upon
arm, and other non-partisan groups or organization completion of the canvass, it shall print the certificate of
enlisted by the Commission pursuant to section 52(k) of canvass of votes for president, vice-president, senators
Batas Pambansa Blg. 881. Such citizens' arms, groups and and members of the House of Representatives and
organization may use the five certified copies of election elective provincial officials and thereafter, proclaim the
returns for the conduct of citizens' quick counts at the elected city or municipal officials, as the case may be.
local or national levels.
The city board of canvassers of cities comprising one
Immediately after the eight copy is printed, the poll or more legislative districts shall canvass the votes for
clerk shall announce the posting of said copy on a wall president, vice-president, senators, members of the
within the premises of the polling place or counting House Representatives and elective city officials by
center, which must be sufficiently lighted and accessible consolidating the certificates of canvass electronically
to the public. Any person may view or capture an image transmitted or the results contained in the data storage
of the election return by means of any data capturing devices used in the printing of the election returns. Upon
device such as, but not limited to cameras at any time of completion of the canvass, the board shall procedure the
the day for forty-eight (48) hours following its posting. canvass of votes for president, vice-president, and
After such period, the chairman of the board of election senators thereafter, proclaim the elected members of the
inspectors shall detach the election return from the wall House of Representatives and city officials.
and keep the same in his custody to be produced as may
be requested by any voter for image or data capturing or In the Metro Manila area, each municipality
for any lawful purpose as may be ordered by competent comprising a legislative district shall have a district board
authority. of canvassers which shall canvass the votes for president,
vice-president, senators, members of the House of
Within one hour after the printing of the election Representatives and elective municipal officials by
returns, the chairman of the board of election inspectors consolidating the electronically transmitted results or the
or any official authorized by the Commission shall, in the results contained in the data storage devices used in the
presence of watchers and representatives of the printing of the election returns. Upon completion of the
accredited citizens' arm, political parties/candidates, if canvass, it shall produce the certificate of canvass of votes
any, electronically transmit the precinct results to the for president, vice-president, and senators and thereafter,
respective levels of board of canvassers, to the dominant proclaim the elected members of the House
majority and minority party, to the accredited citizen's Representatives and municipal officials.
arm, and to the Kapisanan ng mga Broadcaster ng
Pilipinas (KBP). Each component municipality in a legislative district
in the Metro Manila area shall have a municipal board of
The election results at the city/municipality canvassers which shall canvass the votes for president,
canvassing centers shall be transmitted in the same vice-president, senators, members of the house of
manner by the election officer or any official authorized Representatives and elective municipal officials by
by the commission to the district or provincial canvassing consolidating the results electronically transmitted from
centers. the counting centers or the results contained in the data
The election returns transmitted electronically and storage devices used in the printing of the election
digitally signed shall be considered as official election returns. Upon completion of the canvass, it shall prepare
results and shall be used as the basis for the canvassing of the certificate of canvass of votes for president,
votes and the proclamation of a candidate. vice-president, senators, members of the House of
Representatives and thereafter, proclaim the elected
After the electronic results have been transmitted municipal officials.
additional copies not to exceed thirty (30) may be printed
and given to requesting parties at their own expense. The district board of canvassers of each legislative
(18a) (as amended by RA No 9369) district comprising two municipalities in the Metro Manila
area shall canvass the votes for president, vice-president,
Section 23. Custody and accountability of ballots. — senators and members of the House of Representatives
The election officer and the treasurer of the by consolidating the certificates of canvass electronically
city/municipality as deputy of the Commission shall have transmitted from the city/municipal consolidating
joint custody and accountability of the official ballots, centers or the results contained in the data storage
accountable forms and other election documents as well devices submitted by the municipal board of canvassers
as ballot boxes containing the official ballots cast. The of the component municipalities. Upon completion of the
ballot boxes shall not be opened for three (3) months canvass. It shall produce a certificate of the canvass votes
unless the Commission orders otherwise. (19a) for president, vice-president, senators and thereafter,
Section 24. Substitution of Chairman and Members proclaim the elected members of the House of
of the Board of Canvassers. — In case of non-availability, Representatives in the legislative district.
absence, disqualification due to relationship, or incapacity The district/provincial board of canvassers shall
for any cause of the chairman, the Commission shall canvass the votes for president, vice-president, senators,
appoint as substitute, a ranking lawyer of the members of the House of Representatives and elective
Commission. With respect to the other members of the provincial officials by consolidating the results
board, the Commission shall appoint as substitute the electronically transmitted from the city/municipal
following in the order named: the provincial auditor, the consolidating centers or the results contained in the data
register of deeds, the clerk of court nominated by the storage devices submitted by the board of canvassers of



the municipalities and component cities. Upon equitably determined by the Commission in view of
completion of the canvass, it shall produce the propagating the copies to the widest extent possible;
certificates of canvass votes for president, vice-president (11) The twenty-six and twenty-seven copies, to local
and senators and thereafter, proclaim the elected broadcast or print media entities as may be equitably
members of the House of Representatives and the determined by the Commission in view of propagating
provincial official. the copies to the widest extent possible; and
The municipal, city, district and provincial certificates (12) The twenty-eighth to the thirtieth copies, to the
of canvass of votes shall each be supported by a major citizens' arms, including the accredited citizens'
statement of votes. arm, and other non-partisan groups or organizations
Within one hour after the canvassing, the Chairman enlisted by the commission pursuant to Section 52(k) of
of the district or provincial Board of Canvassers or the city Batas Pambansa Blg. 881. Such citizens' arms, groups and
board of canvassers of those cities which comprise one or organization may use the three certified copies of
more legislative districts shall electronically transmit the election returns for the conduct of citizens' quick counts
certificate of canvass to the commission sitting as the at the local or national levels;
national board of canvassers for senators and party-list The board of canvassers shall furnish all other
representatives and to the Congress as the National registered parties copies of the certificate of canvass at
Board of Canvassers for the president and vice president, the expense of the requesting party.
directed to the President of the Senate.
(b) The certificate of canvass of votes for president,
The Commission shall adopt adequate and effective vice-president and senators, parties, organization or
measures to preserve the integrity of the certificates of coalitions participating under the party-list system shall
canvass transmitted electronically and the results in the be produced by the city boards of canvassers of cities
storage devices at the various levels of the boards of comprising one or more legislative districts, by provincial
canvassers. boards of canvassers and by district boards of canvassers
The certificates of canvass transmitted electronically in the Metro Manila area, and other highly urbanized
and digitally signed shall be considered as official areas and distributed as follows:
election results and shall be used as the basis for the (1) The first copy shall be sent to congress, directed to
proclamation of a winning candidate. (21a) (as amended the president of the Senate for use in the canvass of
by RA No 9369) election results for president and vice-president;
Section 26. Number of copies of Certificates of (2) The second copy shall be sent to the Commission
Canvass of Votes and their distribution. — (a) The for use in the canvass of the election results for senators;
certificate of canvass of votes for president,
vice-president, senators, members of the House of (3) The third copy shall be kept the chairman of the
Representatives, parties, organization or coalitions board; and
participating under the party-list system and elective (4) The fourth copy shall be given to the citizens' arm
provincial officials shall be produced by the city or designated by the Commission to conduct an unofficial
municipal board of canvassers and distributed as follows: count. It shall be the duty of the citizens' arm to furnish
(1) The first copy shall be delivered to the provincial independent candidates copies of the certificate of
board of canvassers for use in the canvass of election canvass at the expense of the requesting party.
results for president, vice-president, senators, members of (5) The fifth copy to Congress, directed to the
the House of Representatives, parties, organization or President of the Senate;
coalitions participating under the party-list system and
elective provincial officials; (6) The six copy to be posted on a wall within the
premises of the canvassing center;
(2) The second copy shall be sent to the Commission;
(7) The seventh and eight copies to the dominant
(3) The third copy shall be kept by the chairman of the majority and minority parties;
board; and
(8) The ninth and tenth copies to two accredited
(4) The fourth copy shall be given to the citizen arm major national parties representing the majority and
designated by the Commission to conduct an unofficial minority, excluding the dominant majority and minority
count. It shall be the duty of the citizens' arm to furnish parties, to be determined by the Commission on the basis
independent candidates' copies of the certificate of of the criteria provided in Section 26 of Republic Act No.
canvass at the expense of the requesting party. 7166;
(5) The fifth copy to Congress, directed to the (9) The eleventh to thirteenth copies to broadcast
President of Senate; media entities as may be equitably determined by the
(6) The sixth copy to be posted on a wall within the Commission in view of propagating the copies to the
premises of the canvassing center; widest extent possible; and
(7) The seventh and eighth copies shall be given to (10) The fourteenth copy to another citizens' arm or in
the dominant majority and minority parties; the absence thereof, to a non-partisan group or
organization enlisted by the Commission pursuant to
(8) The ninth to eighteenth copies shall be given to Section 52(k) of Batas Pambansa Blg. 881. Such citizens'
the ten (10) accredited major national parties, excluding arm or non-partisan group or organization may use the
the dominant majority and minority parties, in copy of election return for the conduct of citizens' quick
accordance with a voluntary agreement among them. If counts at the local or national levels.
no such agreement is reached, the Commission shall
decide which parties shall receive the copies on the basis The board of canvassers shall furnish all other
of the criteria provided in Section 26 of Republic Act no. registered parties copies of the certificate of canvass at
7166; the expense of the requesting party.
(9) The nineteenth and twentieth copies shall be (c) The certificates of canvass printed by the
given to the two accredited major local parties in provincial, district, city or municipal boards of canvassers
accordance with a voluntary agreement among them. If shall be signed and thumb marked by the chairman and
no such agreement is reached, the Commission shall members of the board and the principal watchers, if
decide which parties shall receive the copies on the basis available. Thereafter, it shall be sealed and placed inside
of criteria analogous to that provided in Section 26 of an envelope which shall likewise be properly sealed.
Republic Act No. 7166; In all instances, where the board of Canvassers has
(10) The twenty-first to the twenty-fifth copies to the duty to furnish registered political parties with copies
national broadcast or print media entities as may be


of the certificate of canvass, the pertinent election returns Such program shall ensure the acceptance and
shall be attached thereto, where appropriate. readiness of the following stakeholders to understand
Immediately after the six copy and its supporting and appreciate the benefits of the AES:
statement of votes are printed, the chairman of the board 1. General public/voters;
of canvassers shall announce the posting of said prints on 2. Commission's staff;
a wall within the premises of the canvassing center,
which must be sufficiently lighted and accessible to the 3. Department of Education, Department of Finance
public. Any person may view or capture an image of the (municipal, city and provincial treasurers) and all other
Certificate of Canvass or the supporting statement of government agencies who will play a role in the electoral
votes by means of any data capturing device such as, but exercise;
not limited to, cameras at any time of the day for 4. Local government officials (provincial, municipal,
forty-eight (48) hours following the posting. After such barangay levels);
period, the chairman of the board of canvassers shall
detach the election return from the wall and keep the 5. Incumbent elected officials in the legislative and
same in his custody to be produced as may be requested executive departments;
by any voter for image or data capturing or for any lawful 6. Political parties and candidates;
purpose as may be ordered by competent authority. (22a)
(as amended by RA No 9369) 7. Members of the military and police.
Section 27. National Board of Canvassers for The general public or voters training will focus on
Senators and Party-List Representatives. — The building the capability to use the automated system to
chairman and members of the Commission on Election cast their vote, as well as general appreciation of the AES.
sitting en banc, shall compose the national board of All other stakeholders mentioned above will receive
canvassers for senators and party-list representatives. It additional information in order to build a deeper
shall canvass the results by consolidating the certificates understanding of the voting, counting, canvassing
of canvass electronically transmitted. Thereafter, the procedures, so that they may act as advocates of he AES.
national board shall proclaim the winning candidates for The Commission together with and in support of
senators and party-list representatives. (23a) (as accredited citizens' arms shall carry out a continuing and
amended by RA No 9369) systematic campaign through newspaper of general
Section 28. Congress as the National Board of circulation, radio and other media forms, as well as
Canvassers for President and Vice-President. — The through seminars, symposia, fora and other
Senate and the House of Representatives in joint public nontraditional means to educate the public and fully
session shall compose the national board of canvassers inform the electorate about the AES and inculcate values
for president and vice-president. The certificate of on honest, peaceful and orderly election. (25a) (as
canvass for president and vice-president duly certified by amended by RA No 9369)
the board of canvassers of each province or city, shall be Section 32. Supervision and control. — The System
electronically transmitted to the Congress, directed to the shall be under the exclusive supervision and control of
president of the Senate. Upon receipt of the certificates of the Commission. For this purpose, there is hereby created
canvass, the President of the Senate shall, not later than an information technology department in the
thirty (30) days after the day of the election, open all the Commission to carry out the full administration and
certificates in the presence of the Senate and the House implementation of the System.
of representatives in joint public session and the The Commission shall take immediate steps as may
Congress upon determination of the authenticity and the be necessary for the acquisition, installation,
due execution thereof in the manner provided by law, administration, storage, and maintenance of equipment
canvass all the results for president and vice-president and devices, and to promulgate the necessary rules and
and thereafter, proclaim the winning candidates. (24a) regulations for the effective implementation of this Act.
(as amended by RA No 9369) (26a)
Section 29. Random Manual Audit. — Where the Section 33. Joint Congressional Oversight
AES is used, there shall be a random manual audit in one Committee. — An Oversight Committee is hereby
precinct per congressional district randomly chosen by created composed of seven members each from the
the Commission in each province and city. Any difference Senate and the House of Representatives, four of whom
between the automated and manual count will result in shall come from the majority and three from the
the determination of root cause and initiate a manual minority, to monitor and evaluate the implementation of
count for those precincts affected by the computer or this Act. A written report to the Senate and the House of
procedural error. (as created by RA No 9369) Representatives shall be submitted by the Advisory
Section 30. Authentication of Electronically Council within six months from the date of election. The
Transmitted Election Results. — The manner of oversight committee shall conduct a mandatory review of
determining the authenticity and due execution of the this Act every twelve (12) months from the date of the last
certificates shall conform with the provisions of Republic regular national or local elections.
Act No. 7166 as may be supplement or modified by the The oversight committee shall conduct a
provision of this Act, where applicable, by appropriate comprehensive assessment and evaluation of the
authentication and certification procedures for electronic performance of the different AES technologies
signatures as provided in Republic Act No. 8792 as well as implemented and shall make appropriate
the rules promulgated by the Supreme Court pursuant recommendations to Congress, in session assembled,
thereto. (as created by RA No 9369) specifically including the following:
Section 31. Stakeholder education and training. — 1. An assessment and comparison of each of the AES
The Commission shall, not later than six months before technologies utilized, including their strengths, weakness,
the actual automated election exercise, undertake a applicability or inapplicability in specific areas and
widespread stakeholder education and training program, situations;
through newspaper of general circulation, radio,
television and other media forms, as well as through 2. An evaluation of their accuracy through a
seminars, symposia, fora and other nontraditional means, comparison of a random sample of the AES election
to educate the public and fully inform the electorate results with a manual tabulation, and the conduct of
about the AES and inculcate values on honest, peaceful, similar tests;
orderly and informed elections. 3. As to the scope of AES implementation in the
subsequent elections, provide for recommendations as to
whether any of the following should be adopted:


a. Further test application of the AES or a particular 'Omnibus Election Code of the Philippines', and other
AES technology used in the 2007 elections, whether in election laws not inconsistent with this Act shall apply.
the same or others areas; (30a) (as amended by RA No 9369)
b. An increase or enlargement of areas for Section 37. Rules and Regulations. — The
implementation of the AES or an AES technology and not Commission shall promulgate rules and regulation for the
a full implementation; or implementation and enforcement of this Act.
c. A full implementation of the AES. "Notwithstanding the foregoing canvassing
4. As to the kind of AES technology, provide for procedure, the Commission is authorized to prescribe
proposals as to whether: other manner or procedure for the canvassing and
consolidation of votes as technology evolves, subject to
a) A particular AES technology should no longer be the provisions of Section 7 hereof on the minimum
utilized for being obsolete, inapplicable, inaccurate or capabilities of the AES and other pertinent laws.
with a defect which cannot be remedied;
(31a) (as amended by RA No 9369)
b) An enhancement or improvement is needed to an
AES technology which was used in the 2007 election to Section 38. Appropriations. — The amount necessary
make it more functional, appropriate and accurate; to carry out the provisions of this Act shall be charged
against the current year's appropriations of the
c) A particular AES technology is already appropriate Commission. Thereafter, such sums as may be necessary
and should be utilized fully for subsequent election; or for the continuous implementation of this Act shall be
d) The testing or adoption of new technologies which included in the annual General Appropriations Act.
may have emerged after the 2007 elections is needed. In case of deficiency in the funding requirements
(27a) (as amended by RA No 9369) herein provided, such amount as may be necessary shall
Section 34. Designation of other dates for certain be augmented from the current contingent fund in the
pre-election acts. — If it shall no longer be reasonably General Appropriations Act. (32a)
possible to observe the periods and dates prescribed by Section 39. Separability clause. — If, for any reason,
law for certain pre-election acts, the Commission shall fix any section or provision of this Act or any part thereof, or
other periods and dates in order to ensure the application of such section, provision or portion is
accomplishment of the activities so voters shall not be declared invalid or unconstitutional, the remainder
deprived of their suffrage. (28a) thereof shall not be affected by such declaration. (33a)
Section 35. Prohibited Acts and Penalties. - The Section 40. Repealing clause. — All laws, presidential
following shall be penalized as provided in this Act, decrees, executive orders, rules and regulations or parts
whether or not said acts affect the electoral process or thereof inconsistent with the provisions of this Act are
results: hereby repealed or modified accordingly. (34a)
(a) Utilizing without authorization, tampering with, Section 41. Effectivity. — This Act shall take effect
damaging, destroying or stealing: fifteen (15) days after its publication in a newspaper of
(1) Official ballots, election returns, and certificates of general circulation. (35a)
canvass of votes used in the system; and Approved, December 22, 1997.
(2) Electronic devices or their components,
peripherals or supplies used in the AES such as counting
machine, memory pack/diskette, memory pack receiver
and computer set;
RA No 9006 | Fair Election Act
(b) Interfering with, impeding, absconding for
purpose of gain, preventing the installation or use of
computer counting devices and the processing, storage, [IRR] RA 9006 Fair Elections Act in connection with the
generation and transmission of election results, data or May 2016 elections
information;

(c) Gaining or causing access to using, altering,
destroying or disclosing any computer data, program, February 12, 2001
system software, network, or any computer-related AN ACT TO ENHANCE THE HOLDING OF FREE,
devices, facilities, hardware or equipment, whether ORDERLY, HONEST, PEACEFUL AND CREDIBLE
classified or declassified; ELECTIONS THROUGH FAIR ELECTION PRACTICES
(d) Refusal of the citizens' arm to present for perusal Section 1. Short Title. - This Act shall be known as the
its copy of election return to the board of canvassers; "Fair Election Act."
(e) Presentation by the citizens' arm of tampered or Section 2. Declaration of Principles. — The Senate
spurious election returns; shall, during the election period, supervise or regulate the
(f) Refusal or failure to provide the dominant majority enjoyment or utilization of all franchises or permits for
and dominant minority parties or the citizens'' arm their the operation of media of communication or information
copy of election returns; and to guarantee or ensure equal opportunity for public
service, including access to media time and space, and
(g) The failure to post the voters' list within the the equitable right to reply, for public information
specified time, duration and in the designated location campaigns and for a among candidates and assure free,
shall constitute an election offense on the part the orderly, honest, peaceful and credible elections.
election officer concerned.
The State shall ensure that bona fide candidates for
Any person convicted for violation of this Act, except any public office shall be free from any form of
those convicted of the crime of electoral sabotage, shall harassment and discrimination.
be penalized with imprisonment of eight years and one
day to twelve (12) years without possibility of parole, and Section 3. Lawful Election Propaganda. — Election
perpetual disqualification to hold public office and propaganda, whether on television, cable television, radio,
deprivation of the right of suffrage. Moreover, the newspapers or any other medium is hereby allowed for all
offender shall be perpetually disqualified to hold any registered political parties, national, regional, sectoral
non-elective public office. (29a) (as amended by RA No parties or organizations participating under the party list
9369) elections and for all bona fide candidates seeking
national and local elective positions subject to the
Section 36. Applicability. — The provision of Batas limitation on authorized expenses of candidates and
Pambansa Blg. 881, as amended, otherwise known as the political parties, observance of truth in advertising and to



the supervision and regulation by the Commission on (e) For each question for which the margin of error is
Elections (COMELEC). greater than that reported under paragraph (d), the
For the purpose of this Act, lawful election margin of error for that question; and
propaganda shall include: (f) A mailing address and telephone number,
3.1. Pamphlets, leaflets, cards, decals, stickers or other indicating it as an address or telephone number at which
written or printed materials the size of which does not the sponsor can be contacted to obtain a written report
exceed eight and one half inches in width and fourteen regarding the survey in accordance with Subsection 5.3.
inches in length; 5.3. The survey together with raw data gathered to
3.2. Handwritten or printed letters urging voters to support its conclusions shall be available for inspection,
vote for or against any particular political party or copying and verification by the COMELEC or by a
candidate for public office; registered political party or a bona fide candidate or by
any COMELEC-accredited citizen's arm. A reasonable fee
3.3. Cloth, paper or cardboard posters, whether sufficient to cover the costs of inspection, copying and
framed or posted, with an area not exceeding two (2) feet verification may be charged.
by three (3) feet, except that, at the site and on the
occasion of a public meeting or rally, or in announcing 5.4. Surveys affecting national candidates shall not be
the holding of said meeting or rally, streamers not published fifteen (15) days before an election and surveys
exceeding three (3) feet by eight (8) feet in size, shall be affecting local candidates shall not be published seven (7)
allowed: Provided, That said streamers may be displayed days before an election.
five (5) days before the date of the meeting or rally and 5.5. Exit polls may only be taken subject to the
shall be removed within twenty-four (24) hours after said following requirements:
meeting or rally; (a) Pollsters shall not conduct their surveys within fifty
3.4. Paid advertisements in print or broadcast media: (50) meters from the polling place, whether said survey is
Provided, That the advertisements shall follow the taken in a home, dwelling place and other places;
requirements set forth in Section 4 of this Act; and (b) Pollsters shall wear distinctive clothing;
3.5. All other forms of election propaganda not (c) Pollsters shall inform the voters that they may
prohibited by the Omnibus Election Code or this Act. refuse to answer; and
Section 4. Requirements for Published or Printed (d) The result of the exit polls may be announced after
and Broadcast Election Propaganda. — 4.1. Any the closing of the polls on election day, and must clearly
newspaper, newsletter, newsweekly, gazette or magazine identify the total number of respondents, and the places
advertising, posters, pamphlets, comic books, circulars, where they were taken. Said announcement shall state
handbills, bumper stickers, streamers, sample list of that the same is unofficial and does not represent a
candidates or any published or printed political matter trend.
and any broadcast of election propaganda by television or
radio for or against a candidate or group of candidates to Section 6. Equal Access to Media Time and Space.
any public office shall bear and be identified by the — All registered parties and bona fide candidates shall
reasonably legible or audible words "political have equal access to media time and space. The following
advertisement paid for," followed by the true and correct guidelines may be amplified on by the COMELEC.
name and address of the candidate or party for whose 6.1. Print advertisements shall not exceed one-fourth
benefit the election propaganda was printed or aired. (1/4) page, in broadsheet and one-half (1/2) page in
4.2. If the broadcast is given free of charge by the tabloids thrice a week per newspaper, magazine or other
radio or television station, it shall be identified by the publications, during the campaign period.
words "airtime for this broadcast was provided free of 6.2. (a) Each bona fide candidate or registered
charge by" followed by the true and correct name and political party for a nationally elective office shall be
address of the broadcast entity. entitled to not more than one hundred twenty (120)
4.3. Print, broadcast or outdoor advertisements minutes of television advertisement and one hundred
donated to the candidate or political party shall not be eighty (180) minutes of radio advertisement whether by
printed, published, broadcast, or exhibited without the purchase or donation.
written acceptance by the said candidate or political (b) Each bona fide candidate or registered political
party. Such written acceptance shall be attached to the party for a locally elective office shall be entitled to not
advertising contract and shall be submitted to the more than sixty (60) minutes of television advertisement
COMELEC as provided in Subsection 6.3. hereof. and ninety (90) minutes of radio advertisement whether
Section 5. Election Surveys. — 5.1. Election surveys by purchase or
refer to the measurement of opinions and perceptions of For this purpose, the COMELEC shall require any
the voters as regards a candidate's popularity, broadcast station or entity to submit to the COMELEC a
qualifications, platforms or a matter of public discussion copy of its broadcast logs and certificates of performance
in relation to the election, including voters' preference for for the review and verification of the frequency, date,
candidates or publicly discussed issues during the time and duration of advertisements broadcast for any
campaign period (hereafter referred to as "Survey"). candidate or political party.
5.2. During the election period, any person, natural as 6.3. All mass media entities shall furnish the
well as juridical, candidate or organization who publishes COMELEC with a copy of all contracts for advertising,
a survey must likewise publish the following information: promoting or opposing any political party or the
(a) The name of the person, candidate, party or candidacy of any person for public office within five (5)
organization who commissioned or paid for the survey; days after its signing. In every case, it shall be signed by
the donor, the candidate concerned or by the duly
(b) The name of the person, polling firm or survey authorized representative of the political party.
organization who conducted the survey;
6.4. No franchise or permit to operate a radio or
(c) The period during which the survey was television stations shall be granted or issued, suspended
conducted, the methodology used, including the number or cancelled during the election period.
of individual respondents and the areas from which they
were selected, and the specific questions asked; In all instances, the COMELEC shall supervise the use
and employment of press, radio and television facilities
(d) The margin o error of the survey; insofar or the placement of political advertisements is
concerned to ensure that candidates are given equal
opportunities under equal circumstances to make known
their qualifications and their stand on public issues



within the limits set forth in the Omnibus Election Code advertisers and sponsors. The COMELEC shall promulgate
and Republic Act No. 7166 on election spending. rules and regulations for the holding of such debates.
The COMELEC shall ensure that radio or television or Section 8. COMELEC Space and Time. — The
cable television broadcasting entities shall not allow the COMELEC shall procure shall in at least one (1) newspaper
scheduling of any program or permit any sponsor to of general circulation and air time in at least one (1) major
manifestly favor or oppose any candidate or political party broadcasting station or entity in every province or city:
by unduly or repeatedly referring to or including said Provided, however, That in the absence of said
candidate and/or political party in such program newspaper, publication shall be done in any other
respecting, however, in all instances the right of said magazine or periodical in said province or city, which shall
broadcast entities to air accounts of significant news or be known as "COMELEC Space": Provided, further, That in
news worthy events and views on matters of public the absence of said broadcasting station or entity,
interest. broadcasting shall be done in any radio or television
6.5. All members of media, television, radio or print, station in said province or city, which shall be known as
shall scrupulously report and interpret the news, taking "COMELEC Time". Said time shall be allocated to the
care not to suppress essential facts nor to distort the truth COMELEC free of charge, while said space shall be
by omission or improper emphasis. They shall recognize allocated to the COMELEC upon payment of just
the duty to air the other side and the duty to correct compensation. The COMELEC time and space shall be
substantive errors promptly. utilized exclusively by the COMELEC for public
information dissemination on election-related concerns.
6.6. Any mass media columnist, commentator,
announcer, reporter, on-air correspondent or personality Section 9. Posting of Campaign Materials. — The
who is a candidate for any elective public office or is a COMELEC may authorize political parties and party-list
campaign volunteer for or employed or retained in any groups to erect common poster areas for their candidates
capacity by any candidate or political party shall be in not more than ten (1) public places such as plazas,
deemed resigned, if so required by their employer, or markets, barangay centers and the like, wherein
shall take a leave of absence from his/her work as such candidates can post, display or exhibit election
during the campaign period: Provided, That any media propaganda: Provided, That the size of the poster areas
practitioner who is an official of a political party or a shall not exceed twelve (12) by sixteen (16) feet or its
member of the campaign staff of a candidate or political equivalent.
party shall not use his/her time or space to favor any Independent candidates with no political parties may
candidate or political party. likewise be authorized to erect common poster areas in
6.7. No movie, cinematograph or documentary not more than ten (10) public places, the size of which
portraying the life or biography of a candidate shall be shall not exceed four (4) by six (6) feet or its equivalent.
publicly exhibited in a theater, television station or any Candidates may post any lawful propaganda material
public forum during the campaign period. in private places with the consent of the owner thereof,
6.8. No movie, cinematograph or documentary and in public places or property which shall be allocated
portrayed by an actor or media personality who is himself equitably and impartially among the candidates.
a candidate shall be publicly exhibited in a theater, Section 10. Right to Reply. — All registered parties
television station or any public forum during the and bona fide candidates shall be have the right to reply
campaign period. to charges published against them. The reply shall be
Section 7. Affirmative Action by the COMELEC. — 7.1. given publicity by the newspaper, television and/or radio
Pursuant to Sections 90 and 92 of the Omnibus Election station which first printed or aired the charges with the
Code (Batas Pambansa Blg. 881), the COMELEC shall same prominence or in the same page or section or in
procure the print space upon payment of just the same time slot as the first statement.
compensation from at least three (3) national newspapers Section 11. Rates for Political Propaganda. — During
of general circulation wherein candidates for national the election period, media outlets shall charge registered
office can announce their candidacies. Such space shall political parties and bona fide candidates a discounted
be allocated free of charge equally and impartially among rate of thirty percent (30%) for television, twenty percent
all the candidates for national office on three (3) different (20%) for radio and ten (10%) for print over the average
calendar days: the first day within the first week of the rates charged during the first three quarters of the
campaign period; the second day within the fifth week of calendar year preceding the elections.
the campaign period; and the third day within the tenth Section 12. Substitution of Candidates. — In case of
week of the campaign period. valid substitutions after the official ballots have been
7.2. The COMELEC shall also procure free airtime from printed, the votes cast for the substituted candidates shall
at least three (3) national television networks and three(3) be considered as stray votes but shall not invalidate the
national radio networks, which shall also be allocated free whole ballot. For this purpose, the official ballots shall
of charge equally and impartially among all candidates provide spaces where the voters may write the name of
for national office. Such free time shall be allocated on the substitute candidates if they are voting for the latter:
three (3) different calendar days; the first day within the Provided, however, That if the substitute candidate of the
first week of the campaign period; the second day within same family name, this provision shall not apply.
the fifth week of the campaign period; and the third day Section 13. Authority of the COMELEC to
within the tenth weeks of the campaign period. Promulgate Rules; Election Offenses. — The COMELEC
7.3. The COMELEC may require national television and shall promulgate and furnish all political parties and
radio networks to sponsor at least three (3) national candidates and the mass media entities the rules and
debates among presidential candidates and at least one regulations for the implementation of this Act, consistent
(1) national debate among vice presidential candidates. with the criteria established in Article IX-C, Section 4 of
The debates among presidential candidates shall be the Constitution and Section 86 of the Omnibus Election
scheduled on three (3) different calendar days; the first Code (Batas Pambansa Blg. 881).
debate shall be scheduled within the first and second Rules and regulations promulgated by the COMELEC
week of the campaign period; the second debate within under and by authority of this Section shall take effect on
the fifth and sixth week of the campaign period; and the the seventh day after their publication in at least two (2)
third debate shall be scheduled within the tenth and daily newspapers of general circulation. Prior to effectivity
eleventh week of the campaign period. of said rules and regulations, no political advertisement or
The sponsoring television or radio network may sell propaganda for or against any candidate or political party
airtime for commercials and advertisements to interested shall be published or broadcast through mass media.


Violation of this Act and the rules and regulations of under the Commission, and to direct, coordinate and
the COMELEC issued to implement this Act shall be an oversee the participation of the DFA in the
election offense punishable under the first and second implementation of the Overseas Voting Act.
paragraphs of Section 264 of the Omnibus Election Code (e) Field Registration refers to the conduct of
(Batas Pambansa Blg. 881). registration of overseas voters at predetermined
Section 14. Repealing Clause. — Section 67 and 85 of locations, either in the Philippines, as may be determined
the Omnibus Election Code (Batas Pambansa Blg. 881) by the Commission, or outside the posts, upon the
and Sections 10 and 11 of Republic Act No. 6646 are favorable recommendation of the DFA-OVS, both being
hereby repealed. As a consequence, the first proviso in of limited duration and based on the guidelines
the third paragraph of Section 11 of Republic Act No. 8436 prescribed by the Commission for that exclusive purpose;
is rendered ineffective. All laws, presidential decrees, the government shall not collect fees for the same.
executive orders, rules and regulations, or any part (f) Mobile Registration refers to the conduct of
thereof inconsistent with the provisions of this Act are registration of overseas voters at various locations outside
hereby repealed or modified or amended accordingly. the posts, other than at field registrations, undertaken as
Section 15. Separability Clause. — If any provision or part of the posts' mobile consular and outreach activities
part hereof is held invalid or unconstitutional, the to Filipinos within their jurisdictions.
remainder of this Act not otherwise affected shall remain (g) Municipal/City/District Registry of Overseas Voters
in full force and effect. (ROV) refers to the consolidated list prepared, approved
Section 16. Effectivity. — This Act shall take effect and maintained by the Commission for every
immediately upon its approval. municipality/city/district of overseas voters whose
Approved: February 12, 2001 applications for registration as such, including those
registered voters under Republic Act No. 8189, 'Voter's
Registration Act of 1996′, who applied for certification as
overseas voters, have been approved by the Election
RA No 9189 | The Overseas Absentee Registration Board and/or resident Election Registration
Board.
Voting Act of 2013 (h) National Registry of Overseas Voters (NROV) refers
As amended by RA No 10590
to the consolidated list prepared, approved and
maintained by the Commission of overseas voters whose
applications for registration as overseas voters, including
[IRR] RA 9189 The Rules and Regulations Implementing those registered voters under Republic Act No. 8189 who
the Overseas Voting Act of 2003 have applied to be certified as overseas voters, have been
approved by the resident Election Registration Board,
[IRR] RA 10590 The Rules and Regulations Implementing indicating the post where the overseas voter is registered.
the Overseas Voting Act of 2003 as amended (i) Office for Overseas Voting (OFOV) refers to the
Office of the Commission tasked to oversee and supervise
the effective implementation of the Overseas Voting Act.
February 13, 2003 (j) Overseas Voter refers to a citizen of the Philippines
As amended by RA No 10590, May 27, 2013 who is qualified to register and vote under this Act, not
otherwise disqualified by law, who is abroad on the day of
AN ACT PROVIDING FOR A SYSTEM OF OVERSEAS elections.
ABSENTEE VOTING BY QUALIFIED CITIZENS OF THE
PHILIPPINES ABROAD, APPROPRIATING FUNDS (k) Overseas Voting refers to the process by which
THEREFOR, AND FOR OTHER PURPOSES qualified citizens of the Philippines abroad exercise their
right to vote.
Representatives of the Philippines in Congress (l) Posts refer to the Philippine embassies, consulates,
assembled: foreign service establishments and other Philippine
government agencies maintaining offices abroad and
Section 1. Short Title. — This Act shall be known as having jurisdiction over the places where the overseas
"The Overseas Absentee Voting Act of 2013." (as amended voters reside.
by RA No 10590)
(m) Resident Election Registration Board (RERB)
Section 2. Declaration of Policy. — It is the prime refers to the in-house Election Registration Board in every
duty of the State to provide a system of honest and post and in the OFOV, which processes, approves or
orderly overseas voting that upholds the secrecy and disapproves all applications for registration and/or
sanctity of the ballot. Towards this end, the State ensures certification as overseas voters, including the
equal opportunity to all qualified citizens of the deactivation, reactivation and cancellation of registration
Philippines abroad in the exercise of this fundamental records.
right. (as amended by RA No 10590)
(n) Seafarers refer to ship officers and ratings
Section 3. Definition of Terms. — For purposes of this manning ships, including offshore workers, service
Act: providers and fishermen, as denned in the revised rules
(a) Certified List of Overseas Voters (CLOV) refers to on the issuance of seafarer's identification and record
the list of registered overseas voters whose applications to book of the Maritime Industry Authority.
vote overseas have been approved by the Commission, (o) Special Ballot Reception and Custody Group
said list to be prepared by the Office for Overseas Voting (SBRCG) refers to the group constituted by the
of the Commission, on a country-by-country and Commission to receive and take custody of all
post-by-post basis. The list shall be approved by the accountable and other election forms, supplies and
Commission in an en banc resolution. paraphernalia from the OFOV for transmittal to the
(b) Commission refers to the Commission on Special Board of Election Inspectors and Special Board of
Elections. Canvassers.
(c) Day of Election refers to the actual date of (p) Special Board of Canvassers (SBOC) refers to the
elections in the Philippines. body deputized by the Commission to canvass the
overseas voting election returns submitted to it by the
(d) Department of Foreign Affairs Overseas Voting
Special Board of Election Inspectors.
Secretariat (DFA-OVS) refers to the secretariat based at
the Department of Foreign Affairs (DFA) home office
tasked to assist the Office for Overseas Voting (OFOV)



(q) Special Board of Election Inspectors (SBEI) refers The RERB in the OFOV shall be based in the main
to the body deputized by the Commission to conduct the office of the Commission and shall be composed of a
voting and counting of votes. senior official of the Commission as the Chairperson and
(r) Voting Period refers to a continuous thirty (30)-day one (1) member each from the DFA and the DOLE, whose
period, the last day of which is the day of election, rank shall not be lower than a division chief or its
inclusive of established holidays in the Philippines and of equivalent.
such other holidays in the host countries. No member of the RERB shall be related to each
(as amended by RA No 10590) other or to an incumbent President, Vice-President,
Senator or Member of the House of Representatives
Section 4. Coverage. — All citizens of the Philippines representing the party-list system of representation,
abroad, who are not otherwise disqualified by law, at least within the fourth civil degree of consanguinity or affinity.
eighteen (18) years of age on the day of elections, may
vote for President, Vice-President, Senators and Party-List Each member of the RERB shall be entitled to an
Representatives, as well as in all national referenda and honorarium at the rates approved by the Department of
plebiscites. (as amended by RA No 10590) Budget and Management (DBM). (as created by RA No
10590)
Section 5. Disqualifications. — The following shall be
disqualified from registering and voting under this Act: Section 8. Duties and Functions of the RERB. — The
RERB shall have the following duties and functions:
(a) Those who have lost their Filipino citizenship in
accordance with Philippine laws; (a) Post in the bulletin boards of the embassy or
consulates or at the OFOV, as the case may be, and in
(b) Those who have expressly renounced their their respective websites, the names of the applicants
Philippine citizenship and who have pledged allegiance and the dates when their applications shall be heard, as
to a foreign country, except those who have reacquired or well as the place where the RERB will hold its hearing;
retained their Philippine citizenship under Republic Act
No. 9225, otherwise known as the 'Citizenship Retention (b) Notify, through the OFOV, all political parties and
and Reacquisition Act of 2003′; other parties concerned of the pending applications
through a weekly updated publication in the website of
(c) Those who have committed and are convicted in a the Commission;
final judgment by a Philippine court or tribunal of an
offense punishable by imprisonment of not less than one (c) Act on all applications received;
(1) year, such disability not having been removed by (d) Notify all applicants, whose applications have
plenary pardon or amnesty: Provided, however, That any been disapproved, stating the reasons for such
person disqualified to vote under this subsection shall disapproval;
automatically acquire the right to vote upon the (e) Prepare a list of all approved applications during
expiration of five (5) years after service of sentence; and each hearing and post the same at the bulletin boards of
(d) Any citizen of the Philippines abroad previously the embassy or consulates or at the OFOV, as the case
declared insane or incompetent by competent authority may be, and in their respective websites;
in the Philippines or abroad, as verified by the Philippine (f) Deactivate the registration records of overseas
embassies, consulates or foreign service establishments voters; and
concerned, unless such competent authority
subsequently certifies that such person is no longer (g) Perform such other duties as may be consistent
insane or incompetent. with its functions as provided under this Act.
(as amended by RA No 10590) (as created by RA No 10590)
Section 6. Personal Overseas Registration and/or Section 9. Petition for Exclusion, Motion for
Certification. — Registration and/or certification as an Reconsideration, Petition for Inclusion. -
overseas voter shall be done in person at any post abroad 9.1. Petition for Exclusion. — If the application has
or at designated registration centers outside the post or been approved, any interested party may file a petition
in the Philippines approved by the Commission. for exclusion not later than one hundred eighty (180) days
Field and mobile registration centers shall be set up before the start of the overseas voting period with the
by the posts concerned to ensure accessibility by the proper Municipal/Metropolitan Trial Court in the City of
overseas voters. Manila or where the overseas voter resides in the
Philippines, at the option of the petitioner.
All applicants shall submit themselves for live capture
of their biometrics. The petition shall be decided on the basis of the
documents submitted within fifteen (15) days from its
The Commission shall issue an overseas voter filing, but not later than one hundred twenty (120) days
identification card to those whose applications to vote before the start of the overseas voting period. Should the
have been approved. (as amended by RA No 10590) Court fail to render a decision within the prescribed
Section 7. Resident Election Registration Board period, the ruling of the RERB shall be considered
(RERB); Composition, Appointment, Disqualification affirmed.
and Compensation. — The RERB shall be composed of 9.2. Motion for Reconsideration. — If the application
the following: has been disapproved, the applicant or the authorized
(a) A career official of the DFA, as Chairperson; representative shall have the right to file a motion for
(b) The most senior officer from the Department of reconsideration before the RERB within a period of five
Labor and Employment (DOLE) or any government (5) days from receipt of the notice of disapproval. The
agency of the Philippines maintaining offices abroad, as motion shall be decided within five (5) days after its filing
member: Provided, That in case of disqualification or on the basis of documents submitted but not later than
non-availability of the most senior officer from the DOLE one hundred twenty (120) days before the start of the
or any government agency of the Philippines maintaining overseas voting period. The resolution of the RERB shall
offices abroad, the Commission shall designate a career be immediately executory, unless reversed or set aside by
official from the embassy or consulate concerned; and the Court.
(c) A registered overseas voter of known probity, as 9.3. Petition for Inclusion. — Within ten (10) days from
member. receipt of notice denying the motion for reconsideration,
the applicant may file a petition for inclusion with the
The Commission shall appoint the members of the proper Municipal/Metropolitan Trial Court in the City of
RERB upon the recommendation of the DFA-OVS. Manila or where the overseas voter resides in the
Philippines, at the option of the petitioner.


The petition shall be decided on the basis of the shall present the original or certified true copy of the
documents submitted within fifteen (15) days from filing, order of approval of their application to retain or reacquire
but not later than one hundred twenty (120) days before their Filipino citizenship issued by the post or their
the start of the overseas voting period. Should the Court identification certificate issued by the Bureau of
fail to render a decision within the, prescribed period, the Immigration.
RERB ruling shall be considered affirmed. The Commission may also require, additional data to
Qualified Philippine citizens abroad who have facilitate registration and recording. No information other
previously registered as voters pursuant to Republic Act than those necessary to establish the identity and
No. 8189, otherwise known as the 'Voter's Registration Act qualification of the applicant shall be required.
of 1996′, shall apply for certification as overseas voters and All applications for registration and/or certification as
for inclusion in the NROV. In case of approval, the Election an overseas voter shall be considered as applications to
Officer concerned shall annotate the fact of vote overseas. An overseas voter is presumed to be
registration/certification as overseas voter before the abroad until she/he applies for transfer of her/his
voter's name as appearing in the certified voters' list and registration records or requests that her/his name be
in the voter's registration records. cancelled from the NROV. (8a) (as amended by RA No
(as created by RA No 10590) 10590)
Section 10. Transfer of Registration Record. — In the Section 13. National Registry of Overseas Voters
event of change of voting venue, an application for (NROV). — The Commission shall maintain a National
transfer of registration record must be filed by the Registry of Overseas Voters or NROV containing the
overseas voter with the OFOV, through its Chairperson, at names of registered overseas voters and the posts where
least one hundred eighty (180) days prior to the start of they are registered.
the overseas voting period: Provided, That those who Likewise, the Commission shall maintain a registry of
would eventually vote in the Philippines should register voters (ROV) per municipality, city or district containing
within the time frame provided for local registration in the names of registered overseas voters domiciled
the municipality, city or district where they intend to vote: therein. The Commission shall provide each and every
Provided, further, That those who have registered in the municipality, city or district with a copy of their respective
municipality, city or district where they resided prior to ROVS for their reference. (8a) (as amended by RA No
their departure abroad need not register anew: Provided, 10590)
finally, That transferees shall notify the OFOV, through its
Chairperson, of their transfer back to the Philippines at Section 14. Deactivation of Registration. — The
least one hundred eighty (180) days prior to the next RERB shall deactivate and remove the registration
national elections for purposes of cancelling their names records of the following persons from the corresponding
from the CLOV and of removing their overseas voter's book of voters and place the same, properly marked and
registration from the book of voters. dated, in the inactive file after entering any of the
following causes of deactivation:
(as created by RA No 10590)
(a) Any person who has been sentenced by final
Section 11. System of Continuing Registration. — The judgment by a Philippine court or tribunal to suffer
Commission shall ensure that the benefits of the system imprisonment for not less than one (1) year, such disability
of continuing registration are extended to qualified not having been removed by plenary pardon or amnesty:
overseas voters. Registration shall commence not later Provided, however, That any person disqualified to vote
than six (6) months after the conduct of the last national under this paragraph shall automatically reacquire the
elections. Towards this end, the Commission shall be right to vote upon the expiration of five (5) years after
authorized to utilize and optimize the use of existing service of sentence, as certified by the Clerks of Courts of
facilities, personnel and mechanisms of the various the Municipal, Municipal Circuit, Metropolitan, Regional
government agencies for purposes of data gathering and Trial Courts or the Sandiganbayan;
validation, information dissemination and facilitation of
the registration process. (b) Any person declared by competent authority to be
insane or incompetent, unless such disqualification has
Pre-departure Orientation Seminars (PDOS), services been subsequently removed by a declaration of a proper
and mechanisms offered and administered by the DFA, authority that such person is no longer insane or
the DOLE, the Philippine Overseas Employment incompetent;
Administration (POEA), the Overseas Workers' Welfare
Administration (OWWA), the Commission on Filipinos (c) Any person who did not vote in two (2) consecutive
Overseas and by other appropriate agencies of the national elections as shown by voting records; and
government and private agencies providing the same (d) Any person whose registration has been ordered
services shall include the salient features of this Act and excluded by the courts.
shall be utilized for purposes of supporting the overseas
registration and voting processes. The fact of deactivation shall be annotated in the
NROV and the corresponding ROV. (as created by RA No
All employment contracts processed and approved 10590)
by the POEA shall state the right of migrant workers to
exercise their constitutional right of suffrage within the Section 15. Notice of Registration and Election. —
limits provided for by this Act. (7a) (as amended by RA No The Commission shall, through the posts cause the
10590) publication in a newspaper of general circulation of the
place, date and time of the holding of a regular or special
Section 12. Requirements for Registration. — Every national election and the requirements for the
Filipino registrant shall be required to furnish the participation of qualified citizens of the Philippines
following documents: abroad, at least six (6) months before the date set for the
(a) A valid Philippine passport. In the absence of a filing of applications for registration.
valid passport, a certification of the DFA that it has The Commission shall determine the countries where
reviewed the appropriate documents submitted by the publication shall be made, and the frequency thereof,
applicant and has found them sufficient to warrant the taking into consideration the number of overseas
issuance of a passport, or that the applicant is a holder of Filipinos present in such countries. Likewise, the
a valid passport but is unable to produce the same for a Commission and the DFA shall post the same in their
valid reason; respective websites. (10a) (as amended by RA No 10590)
(b) Accomplished registration form prescribed by the Section 11. Procedure for Application to Vote in
Commission; and Absentia. –
(c) Applicants who availed themselves of the 'Citizen
Retention and Reacquisition Act' (Republic Act No. 9225)



Section 12. Verification and Approval of Application the day of elections, by special pouch to all posts the
to Vote. — (as repealed by RA No 10590) exact number of ballots for overseas voters corresponding
Section 16. Reactivation of Registration. — Any to the number of approved applications, along with such
overseas voter whose registration has been deactivated accountable forms necessary to ensure the secrecy and
pursuant to the preceding section may file with the RERB integrity of the election.
at any time, but not later than one hundred twenty (120) 21.4. The authorized representatives of accredited
days before the start of the overseas voting period, a major political parties shall have the right to be present in
sworn application for reactivation of registration stating all phases of printing, transmittal, and casting of mailed
that the grounds for the deactivation no longer exist. (as ballots abroad. Unclaimed ballots properly marked as
created by RA No 10590) such, shall be cancelled and shipped to the Commission
Section 17. Cancellation of Registration. — The RERB by the least costly method.
shall cancel the registration records of those who have (14a) (as amended by RA No 10590)
died, as certified by either the posts or by the local civil Section 22. Regulation on Campaigning Abroad. —
registrar, and those who have been proven to have lost Personal campaigning, the use of campaign materials, as
their Filipino citizenship. (as created by RA No 10590) well as the limits on campaign spending shall be
Section 18. Voters Excluded from the NROV Through governed by the laws and regulations applicable in the
Inadvertence. — Any registered overseas voter whose Philippines: Provided, That all forms of campaigning
name has been inadvertently omitted from the NROV abroad within the thirty (30)-day overseas voting period
may, personally or through an authorized representative, shall be prohibited. (15a) (as amended by RA No 10590)
file with the RERB through the OFOV or the post Section 23. Voting. — Voting may be done either
exercising jurisdiction over the voter's residence, an personally, by mail or by any other means as may be
application under oath for reinstatement not later than determined by the Commission. For this purpose, the
one hundred twenty (120) days before the start of the Commission shall issue the necessary guidelines on the
voting period. manner and procedures of voting.
The RERB shall resolve the application within one (1) The OFOV, in consultation with the DFA-OVS, shall
month from receipt thereof, otherwise the application determine the countries where voting shall be done by
shall be deemed approved. (as created by RA No 10590) any specific mode, taking into consideration the
Section 19. Application for Correction of Entries and minimum criteria enumerated under this Act which shall
Change of Name. — Any registered overseas voter who include the number of registered voters, accessibility of
intends to change her/his name by reason of marriage, the posts, efficiency of the host country's applied system
death of husband, or final court judgment; or to correct a and such other circumstances that may affect the
misspelled name or any erroneous entry in the NROV, conduct of voting.
CLOV and voter's identification card may, personally or The Commission shall announce the specific mode of
through an authorized representative, file an application voting per country/post at least one hundred twenty (120)
under oath for change of name or correction of entries days before the start of the voting period. (as created by
with the RERB through the OFOV or the post exercising RA No 10590)
jurisdiction over the voter's residence not later than
ninety (90) days before the start of the voting period. Section 24. Casting and Submission of Ballots. –
The RERB shall resolve the application within one (1) 24.1. Upon receipt by the SBEI of the ballots for
month from receipt thereof, otherwise the application overseas voters, voting instructions, election forms and
shall be deemed approved. (as created by RA No 10590) other paraphernalia, they shall make these available on
the premises to the qualified overseas voters in their
Section 20. Preparation and Posting of Certified List respective jurisdictions during the thirty (30) days before
of Overseas Voters. — The Commission shall prepare the the day of elections when overseas voters may cast their
Certified List of Overseas Voters or CLOV not later than vote. Immediately upon receiving it, the overseas voter
ninety (90) days before the start of the overseas voting must fill-out her/his ballot personally, in secret, without
period, and furnish within the same period electronic and leaving the premises of the posts concerned.
hard copies thereof to the appropriate posts, which shall
post the same in their bulletin boards and/or websites 24.2. The overseas voter shall personally accomplish
within ten (10) days from receipt thereof. her/his ballot at the post that has jurisdiction over the
country where she/he temporarily resides or at any
Subject to reasonable regulation and the payment of polling place designated and accredited by the
fees in such amounts as may be fixed by the Commission, Commission.
the candidates, political parties, accredited citizens' arms,
and all other interested persons shall be furnished copies 24.3. The overseas voter shall cast her/his ballot, upon
thereof: Provided, That nongovernmental organizations presentation of the voter identification card issued by the
and other civil society organizations accredited by and Commission or such other documents deemed by the
working with the Commission as partners on overseas SBEI at the post as sufficient to establish the voter's
voters' education and participation shall be exempt from identity.
the payment of fees. (13a) (as amended by RA No 10590) 24.4. All accomplished ballots received shall be placed
Section 21. Printing and Transmittal of Ballots, unopened inside sealed containers and kept in a secure
Voting Instructions, Election Forms and Paraphernalia. – place designated by the Commission.
21.1. The Commission shall cause the printing of 24.5. The posts concerned shall keep a complete
ballots for overseas voters, and all other accountable record of the ballots for overseas voters, specifically
election forms in such number as may be necessary, but indicating the number of ballots they actually received,
in no case shall these exceed the total number of and in cases where voting by mail is allowed under
approved applications. Security markings shall be used in Section 25 hereof, the names and addresses of the voters
the printing of ballots for overseas voters. to whom these ballots were sent, including proof of
receipt thereof. In addition, the posts shall submit a
21.2. The Commission shall present to the authorized formal report to the Commission and the Joint
representatives of the DFA and of the accredited major Congressional Oversight Committee created under this
political parties the ballots for overseas voters, voting Act within thirty (30) days from the day of elections. Such
instructions, election forms and other election report shall contain data on the number of ballots cast
paraphernalia for scrutiny and inspection prior to their and received by the offices, the number of invalid and
transmittal to the posts. unclaimed ballots and other pertinent data.
21.3. The Commission shall transmit, as far as 24.6. Ballots not claimed by the overseas voters at the
practicable, but not later than forty-five (45) days before posts, in case of personal voting, and ballots returned to



the posts concerned, in the case of voting by mail, shall Commission not later than thirty (30) days from the day
be cancelled and shipped to the Commission by the least of elections. (17a) (as amended by RA No 10590)
costly method within six (6) months from the day of Section 26. Voting Privilege of Members of the SBEI,
elections. SBRCG and SBOC. — Government employees posted
24.7. Only ballots cast, and mailed ballots received by abroad who will perform election duties as members of
the posts concerned in accordance with Section 25 hereof the SBEI, SBCRG and SBOC shall be allowed to vote in
before the close of voting on the day of elections shall be their respective posts: Provided, That they are registered
counted in accordance with Section 27 hereof. All either in the Philippines or as overseas voters. (as created
envelopes containing the ballots received by the posts by RA No 10590)
after the prescribed period shall not be opened, and shall Section 27. On-Site Counting and Canvassing. –
be cancelled and shipped to the Commission by the least
costly method within six (6) months from the day of 27.1. The counting and canvassing of votes shall be
elections. conducted on site in the country where the votes were
actually cast. The opening of the specially-marked
24.8. A special ballot Reception and Custody Group envelopes containing the ballots and the counting and
composed of three (3) members shall be constituted by canvassing of votes shall be conducted within the
the Commission from among the staff of the posts premises of the embassies, consulates and other foreign
concerned, including their attached agencies, and service establishments or in such other places as may be
citizens of the Philippines abroad, who will be deputized designated by the Commission pursuant to the
to receive ballots and take custody of the same Implementing Rules and Regulations. The Commission
preparatory to their transmittal to the SBEI. shall ensure that the start of counting in all polling places
24.9. A Special Ballot Reception and Custody Group abroad shall be synchronized with the start of counting in
composed of three (3) members shall be constituted by the Philippines.
the Commission from among the staff of the embassies, 27.2. For these purposes, the Commission shall
consulates and other foreign service establishments constitute as many SBEIs as may be necessary to conduct
concerned, including their attached agencies, and and supervise the counting of votes as provided in
citizens of the Philippines abroad, who will be deputized Section 27.2 hereof. The SBEIs to be constituted herein
to receive ballots and take custody of the same shall be composed of a Chairman and two (2) members,
preparatory to their transmittal to the Special Boards of one (1) of whom shall be designated as poll clerk. The
Election Inspectors. ambassador or consul-general, or any career public
24.10. During this phase of the election process, the officer posted abroad designated by the Commission, as
authorized representatives of the political parties, the case may be, shall act as the Chairman; in the
candidates, and accredited citizens’ arms of the absence of other government officers, the two (2) other
Commission shall be notified in writing thereof and shall members shall be citizens of the Philippines who are
have the right to witness the proceedings. qualified to vote under this Act and deputized by the
24.11. The Commission shall study the use of Commission not later than sixty (60) days before the day
electronic mail, Internet, or other secured networks in the of elections. All resolutions of the SBEIs on issues brought
casting of votes, and submit a report thereon to the Joint before it during the conduct of its proceedings shall be
Congressional Oversight Committee. valid only when they carry the approval of the Chairman.
(16a) (as amended by RA No 10590) Immediately upon the completion of the counting,
the SBEIs shall transmit via facsimile and/or electronic
Section 25. Voting by Mail. – mail the results to the Commission in Manila and the
25.1. For the May, 2004 elections, the Commission accredited major political parties.
shall authorize voting by mail in not more than three (3) 27.3. Only ballots cast on, or received by the
countries, subject to the approval of the Congressional embassies, consulates and other foreign service
Oversight Committee. Voting by mail may be allowed in establishments before the close of voting on the day of
countries that satisfy the following conditions: elections shall be included in the counting of votes. Those
a. Where the mailing system is fairly well-developed received afterwards shall not be counted.
and secure to prevent the occasion of fraud; 27.4. The SBOC composed of the highest ranking
b. Where there exists a technically established officer of the post as Chairperson, a senior career officer
identification system that would preclude multiple or from any of the government agencies maintaining a post
proxy voting; and, abroad and, in the absence of another government
officer, a citizen of the Philippines qualified to vote under
c. Where the system of reception and custody of this Act and deputized by the Commission, as vice
mailed ballots in the embassies, consulates and other chairperson and member-secretary, respectively, shall be
foreign service establishments concerned are adequate constituted to canvass the election returns submitted to
and well-secured. it by the SBEIs. Immediately upon the completion of the
Thereafter, voting by mail in any country shall be canvass, the chairperson of the SBOC shall transmit via
allowed only upon review and approval of the Joint facsimile, electronic mail, or any other means of
Congressional Oversight Committee. transmission equally safe and reliable the Certificates of
Canvass and the Statements of Votes to the Commission,
25.2. The overseas voter shall send her/his and shall cause to preserve the same immediately after
accomplished ballot to the corresponding post that has the conclusion of the canvass, and make it available upon
jurisdiction over the country where she/he temporarily instructions of the Commission. The SBOC shall also
resides. She/He shall be entitled to cast her/his ballot at furnish the accredited major political parties and
any time upon her/his receipt thereof: Provided, That the accredited citizens' arms with copies thereof via facsimile,
same is received before the close of voting on the day of electronic mail and any other means of transmission
elections. The overseas absentee voter shall be instructed equally safe, secure and reliable.
that her/his ballot shall not be counted if not transmitted
in the special envelope furnished her/him. The Certificates of Canvass and the accompanying
Statements of Votes as transmitted via facsimile,
25.3. Only mailed ballots received by the post before electronic mail and any other means of transmission
the close of voting on the day of elections shall be equally safe, secure and reliable shall be the primary basis
counted in accordance with Section 27 hereof. All for the national canvass.
envelopes containing the ballots received by the posts
after the prescribed period shall not be opened, and shall 27.5. The canvass of votes shall not cause the delay of
be cancelled and disposed of appropriately, with a the proclamation of a winning candidate if the outcome
corresponding report thereon submitted to the of the election will not be affected by the results thereof.
Notwithstanding the foregoing, the Commission is



empowered to order the proclamation of winning Philippine Postal Corporation (PPC), the POEA, the
candidates despite the fact that the scheduled election OWWA and the Commission on Filipinos Overseas.
has not taken place in a particular country or countries, if Such information campaign shall educate the Filipino
the holding of elections therein has been rendered public, within and outside the Philippines, on the
impossible by events, factors and circumstances peculiar Philippine Electoral System, the rights of overseas voters,
to such country or countries, and which events, factors overseas voting processes and other related concerns.
and circumstances are beyond the control or influence of Information materials shall be developed by the
the Commission. Commission for distribution, through the said
27.6. In the preparation of the final tally of votes on government agencies and private organizations. No
the results of the national elections, the Commission shall government agency shall prepare, print, distribute or post
ensure that the votes canvassed by each and every any information material without the prior approval of the
country shall be reflected as a separate item from the Commission. (20a) (as amended by RA No 10590)
tally of national votes. For purposes of this Act, the returns Section 33. Access to Official Records and
of every election for President and Vice-President Documents. — Subject to the pertinent provisions of this
prepared by the SBOCs shall be deemed a certificate of Act, any person shall have the right to access and/or copy
canvass of a city or a province. at his expense all registration records, voters lists and
27.7. Where feasible, the counting and canvassing of other official records and documents, subject to
votes shall be automated. Towards this end, the reasonable regulations as may be imposed by the
Commission is hereby authorized to borrow, rent, lease or Commission. (21a)
acquire automated voting machines for purposes of Section 34. Assistance from Government Agencies.
canvassing and counting of votes pursuant to the — All government officers, particularly from the DFA, the
provisions of this Act, and in accordance with the DOLE, the DOTC, the PPC, the POEA, the OWWA, the
Implementing Rules and Regulations promulgated by Commission on Filipinos Overseas and other government
the Commission. offices concerned with the welfare of the Filipinos
(18a) (as amended by RA No 10590) overseas shall, to the extent compatible with their
Section 28. Authority to Explore Other Modes or primary responsibilities, assist the Commission in carrying
Systems Using Automated Election System. — out the provisions of this Act. All such agencies or officers
Notwithstanding current procedures and systems herein thereof shall take reasonable measures to expedite all
provided, for the proper implementation of this Act and election activities, which the Commission shall require of
in view of the peculiarities attendant to the overseas them. When necessary, the Commission may send
voting process, the Commission may explore other more supervisory teams headed by career officers to assist the
efficient, reliable and secure modes or systems, ensuring posts.
the secrecy and sanctity of the entire process, whether Likewise, consular and diplomatic services rendered
paper-based, electronic-based or internet-based in connection with the overseas voting processes shall be
technology or such other latest technology available, for made available at no cost to the overseas voters. (22a) (as
onsite and remote registration and elections and submit amended by RA No 10590)
reports and/or recommendations to the Joint Section 35. Security Measures to Safeguard the
Congressional Oversight Committee. (as created by RA Secrecy and Sanctity of Ballots. — At all stages of the
No 10590) electoral process, the Commission shall ensure that the
Section 29. Procurement of Facilities, Equipment, secrecy and integrity of the ballots are preserved. The
Materials, Supplies or Services. — To achieve the purpose OFOV of the Commission shall be responsible for
of this Act, the Commission may, likewise, procure from ensuring the secrecy and sanctity of the overseas voting
local or foreign sources, through purchase, lease, rent or process. In the interest of transparency, all necessary and
other forms of acquisition, hardware or software, facilities, practicable measures shall be adopted to allow
equipment, materials, supplies or services in accordance representation of the candidates, accredited major
with existing laws, free from taxes and import duties, political parties, accredited citizens' arms and
subject to government procurement rules and nongovernment organizations to assist, and intervene in
regulations. (as created by RA No 10590) appropriate cases, in all stages of the electoral exercise
Section 30. Establishment of an Office for Overseas and to prevent any and all forms of fraud and coercion.
Voting (OFOV) Under the Commission. — The "No officer or member of the foreign service corps,
Commission is hereby authorized to establish an OFOV including those belonging to attached agencies shall be
tasked specifically to oversee and supervise the effective transferred, promoted, extended, recalled or otherwise
implementation of the Overseas Voting Act: Provided, moved from his current post or position one (1) year
That its secretariat shall come from the existing before and three (3) months after the day of elections,
secretariat personnel of the Commission on Elections. (as except upon the approval of the Commission. (23a) (as
created by RA No 10590) amended by RA No 10590)
Section 31. Creation of the Department of Foreign Section 36. Prohibited Acts. — In addition to the
Affairs Overseas Voting Secretariat (DFA-OVS). — A prohibited acts provided by law, it shall be unlawful:
secretariat based in the DFA home office is hereby 36.1. For any officer or employee of the Philippine
created to assist the OFOV, and to direct, coordinate and government to influence or attempt to influence any
oversee the participation of the DFA in the person covered by this Act to vote, or not to vote, for a
implementation of the Overseas Voting Act: Provided, particular candidate. Nothing in this Act shall be deemed
That its secretariat shall come from the existing to prohibit free discussion regarding politics or
secretariat personnel of the DFA. (as created by RA No candidates for public office;
10590)
36.2. For any person to deprive another of any right
Section 19. Authority of the Commission to secured in this Act, or to give false information as to one's
Promulgate Rules. — (as repealed by RA No 10590) name, address, or period of residence for the purposes of
Section 32. Information Campaign. — The establishing the eligibility or ineligibility to register or vote
Commission, in coordination with agencies concerned, under this Act; or to conspire with another person for the
shall undertake an information campaign to educate the purpose of encouraging the giving of false information in
public on the manner of overseas voting for qualified order to establish the eligibility or ineligibility of any
overseas voters. It may require the support and assistance individual to register or vote under this Act; or, to pay, or
of the DFA, through the posts, the DOLE, the Department offer to pay, or to accept payment either for application
of Transportation and Communications (DOTC), the for registration, or for voting;


36.3. For any person to steal, conceal, alter, destroy, conflict with the provisions of this Act shall remain in full
mutilate, manipulate, or in any way tamper with the mail force and shall have suppletory application to this Act.
containing the ballots for overseas voters, the ballot, the (26a)
election returns, or any record, document or paper Section 39. Enforcement and Administration by the
required for purposes of this Act; Commission. — The Commission shall, for the purpose of
36.4. For any deputized agent to refuse without ensuring honest, orderly, peaceful and free elections
justifiable ground, to serve or continue serving, or to abroad, have exclusive charge of the enforcement,
comply with one's sworn duties after acceptance of the administration and implementation of this Act. (27a)
deputization; Section 40. Mandatory Review. — Congress shall
36.5. For any public officer or employee or accredited complete a mandatory review of this Act within two (2)
or deputized organization or association to cause the years following the May, 2004 elections for the purpose of
preparation, printing, distribution or posting of amending it to expand or restrict its coverage, scope and
information or material, without the prior approval of the application, as well as improve its procedures and
Commission; institute measures and safeguards, taking into account
36.6. For any public officer or employee to cause the the experience of the previous election, technological
transfer, promotion, extension, recall of any member of advances and structural political changes. (28a)
the foreign service corps, including members of the Section 41. Appropriations. — The amount necessary
attached agencies, or otherwise cause the movement of to carry out the provisions of this Act shall be included in
any such member from the current post or position one the budgets of the Commission on Elections and the DFA
(1) year before and three (3) months after the day of in the annual General Appropriations Act. (29a) (as
elections, without securing the prior approval of the amended by RA No 10590)
Commission; Section 42. Separability Clause. — If any part or
36.7. For any person who, after being deputized by the provision of this Act shall be declared unconstitutional or
Commission to undertake activities in connection with invalid, other provisions hereof which are not affected
the implementation of this Act, shall campaign for or thereby shall continue to be in full force and effect. (30a)
assist, in whatever manner, candidates in the elections; Section 43. Repealing Clause. — All laws, presidential
36.8. For any person to engage in partisan political decrees, executive orders, rules and regulations, other
activity abroad during the thirty (30)-day overseas voting issuances, and parts thereof, which are inconsistent with
period; the provisions of this Act, are hereby repealed or modified
36.9. For any person who is not a citizen of the accordingly. (31a)
Philippines to participate, by word or deed, directly or Section 44. Effectivity. — This Act shall take effect
indirectly through qualified organizations/associations, in fifteen (15) days following its publication in three (3)
any manner and at any stage of the Philippine political newspapers of general circulation. (32a)
process abroad, including participation in the campaign
and elections.
The provision of existing laws to the contrary
notwithstanding, and with due regard to the Principle of
RA No 9225 | Citizenship Retention and
Double Criminality, the prohibited acts described in this Re-acquisition Act of 2003
section are electoral offenses and shall be punishable in
the Philippines.
The penalties imposed under Section 264 of the [IRR] RA 9225 2008 Revised Rules Governing Philippine
Omnibus Election Code, as amended, shall be imposed Citizenship
on any person found guilty of committing any of the
prohibited acts as defined in this section: Provided, That
the penalty of prision mayor in its minimum period shall August 29, 2003
be imposed upon any person found guilty under Section
36.3 hereof without the benefit of the operation of the AN ACT MAKING THE CITIZENSHIP OF PHILIPPINE
Indeterminate Sentence Law. If the offender is a public CITIZENS WHO ACQUIRE FOREIGN CITIZENSHIP
officer or a candidate, the penalty shall be prision mayor PERMANENT. AMENDING FOR THE PURPOSE
in its maximum period. In addition, the offender shall be COMMONWEALTH ACT. NO. 63, AS AMENDED AND FOR
sentenced to suffer perpetual disqualification to hold OTHER PURPOSES
public office and deprivation of the right to vote. Be it enacted by the Senate and House of
(24a) (as amended by RA No 10590) Representatives of the Philippines in Congress
assembled:
Section 37. Joint Congressional Oversight
Committee. — A Joint Congressional Oversight Section 1. Short Title — this act shall be known as the
Committee is hereby created, composed of the "Citizenship Retention and Re-acquisition Act of 2003."
Chairperson of the Senate Committee on Constitutional Section 2. Declaration of Policy — It is hereby
Amendments, Revision of Codes and Laws, and seven (7) declared the policy of the State that all Philippine citizens
other Senators designated by the Senate President, and of another country shall be deemed not to have lost their
the Chairperson of the House Committee on Suffrage Philippine citizenship under the conditions of this Act.
and Electoral Reforms, and seven (7) other Members of
the House of Representatives designated by the Speaker Section 3. Retention of Philippine Citizenship — Any
of the House of Representatives: Provided, That, of the provision of law to the contrary notwithstanding,
seven (7) members to be designated by each House of natural-born citizenship by reason of their naturalization
Congress, four (4) should come from the majority to as citizens of a foreign country are hereby deemed to
include the chair of the Committee on Foreign Affairs and have reacquired Philippine citizenship upon taking the
the remaining three (3) from the minority. following oath of allegiance to the Republic:
The Joint Congressional Oversight Committee shall "I _____________________, solemnly swear (or affirm)
have the power to monitor and evaluate the that I will support and defend the Constitution of the
implementation of this Act. (25a) (as amended by RA No Republic of the Philippines and obey the laws and legal
10590) orders promulgated by the duly constituted authorities of
the Philippines; and I hereby declare that I recognize and
Section 38. Applicability of Other Election Laws. — accept the supreme authority of the Philippines and will
The pertinent provisions of the Omnibus Election Code, maintain true faith and allegiance thereto; and that I
as amended, and other election laws, which are not in


imposed this obligation upon myself voluntarily without ACCESSIBLE POLLING PLACES EXCLUSIVELY FOR
mental reservation or purpose of evasion." PERSONS WITH DISABILITIES AND SENIOR CITIZENS
Natural born citizens of the Philippines who, after the Be it enacted by the Senate and House of
effectivity of this Act, become citizens of a foreign country Representatives of the Philippines in Congress
shall retain their Philippine citizenship upon taking the assembled:
aforesaid oath. Section 1. Section Declaration of Policy. — The State
Section 4. Derivative Citizenship — The unmarried shall ensure that persons with disabilities and senior
child, whether legitimate, illegitimate or adopted, below citizens are able to exercise their right to political
eighteen (18) years of age, of those who re-acquire participation without discrimination or restrictions.
Philippine citizenship upon effectivity of this Act shall be Towards this end, the State shall design systems and
deemed citizenship of the Philippines. procedures that will enable persons with disabilities and
Section 5. Civil and Political Rights and Liabilities — senior citizens to register and vote by themselves.
Those who retain or re-acquire Philippine citizenship Section 2. Section Definition of Terms. — As used in
under this Act shall enjoy full civil and political rights and this Act, the term:
be subject to all attendant liabilities and responsibilities (a) Commission refers to the Commission on
under existing laws of the Philippines and the following Elections.
conditions:
(b) Persons with Disabilities refer to qualified voters
(1) Those intending to exercise their right of suffrage who have long-term physical, mental, intellectual or
must Meet the requirements under Section 1, Article V of sensory impairments which in interaction with various
the Constitution, Republic Act No. 9189, otherwise known barriers may hinder their full and effective participation in
as "The Overseas Absentee Voting Act of 2003" and other the electoral processes on an equal basis with others.
existing laws;
(c) Senior Citizens refer to qualified voters who are
(2) Those seeking elective public in the Philippines sixty (60) years or older.
shall meet the qualification for holding such public office
as required by the Constitution and existing laws and, at (d) Electoral Processes refer to election-related
the time of the filing of the certificate of candidacy, make activities and proceedings including registration,
a personal and sworn renunciation of any and all foreign candidacy, campaign, voter education and casting of
citizenship before any public officer authorized to vote.
administer an oath; (e) Assistance refers to any support or aid that may be
(3) Those appointed to any public office shall extended to persons with disabilities and senior citizens
subscribe and swear to an oath of allegiance to the for them to meaningfully and effectively participate in the
Republic of the Philippines and its duly constituted electoral processes.
authorities prior to their assumption of office: Provided, (f) Discrimination on the basis of disability means any
That they renounce their oath of allegiance to the country distinction, exclusion or restriction on the basis of
where they took that oath; disability which has the effect of impairing or nullifying
(4) Those intending to practice their profession in the the recognition, enjoyment, or exercise, on an equal basis
Philippines shall apply with the proper authority for a with others, of all human rights and fundamental
license or permit to engage in such practice; and freedoms, including denial of reasonable
accommodation.
(5) That right to vote or be elected or appointed to any
public office in the Philippines cannot be exercised by, or (g) Universal design means the design of products,
extended to, those who: environments, programs and services, to be usable by all
people, to the greatest extent possible, without the need
(a) are candidates for or are occupying any public for adaptation or specialized design but shall not exclude
office in the country of which they are naturalized assistive devices for particular groups of persons with
citizens; and/or disabilities where this is needed.
(b) are in active service as commissioned or (h) Satellite registration refers to registration
non-commissioned officers in the armed forces of the conducted by an Election Officer in established satellite
country which they are naturalized citizens. offices located in a public place within his or her area of
Section 6. Separability Clause — If any section or jurisdiction. It accepts application for registration, transfer
provision of this Act is held unconstitutional or invalid, any or transfer with reactivation, reactivation of registration
other section or provision not affected thereby shall records, change or correction of entries and validation of
remain valid and effective. registration from all registrants or voters residing within
Section 7. Repealing Clause — All laws, decrees, the Election Officer’s territorial jurisdiction.
orders, rules and regulations inconsistent with the (i) Special registration refers to registration
provisions of this Act are hereby repealed or modified conducted in established satellite offices by a special
accordingly. registration team designated by the Commission. It
Section 8. Effectivity Clause — This Act shall take exclusively caters to first time person with disability and
effect after fifteen (15) days following its publication in the senior citizen registrants residing outside the area of
Official Gazette or two (2) newspaper of general jurisdiction of the regular Election Officer conducting the
circulation. satellite registration.
(j) Accessible polling place refers to the venue where

the Board of Election Inspectors (BEIs) conducts
election-related proceedings and where the voters cast
RA No 10366 | Accessible Polling for their votes. The accessible polling place shall he located at
PWDs and Senior Citizens the ground floor, preferably near the entrance of the
building, and is free of any physical barriers and provided
with necessary services, including assistive devices.
Section 3. Section Right to Participation in Electoral
[IRR] RA 10366 Accessible Voting of PWDs and Senior Processes. — The State shall guarantee the political rights
Citizens of persons with disabilities and senior citizens, in line with
the concept of universal design, by:
AN ACT AUTHORIZING THE COMMISSION ON (a) Ensuring that voting procedures, facilities and
ELECTIONS TO ESTABLISH PRECINCTS ASSIGNED TO materials are appropriate, accessible, and easy to
understand and use;


(b) Protecting the right of persons with disabilities Section 10. Section Ballot Design. — In designing the
and senior citizens to vote by secret ballot in elections ballot, the Commission shall ensure reasonable
without intimidation, facilitating the use of assistive and accommodation to persons with disabilities and senior
new technologies where appropriate; and citizens to enable them to accomplish the ballots by
(c) Guaranteeing the free expression, in the exercise themselves.
of the right of suffrage, of persons with disabilities and Section 11. Section Assistance in the
senior citizens, allowing assistance in voting by a person Accomplishment of the Ballot. — A person with disability
of their own choice. or senior citizen who is illiterate or physically unable to
Section 4. Section Duty of the Commission to prepare the ballot by himself or herself may be assisted in
Render Assistance to Persons with Disabilities and the preparation of his or her ballot by a relative by
Senior Citizens. — It shall be the duty of the Commission consanguinity or affinity within the fourth civil degree, or
to render appropriate assistance to persons with if he or she has none, by any person of his or her
disabilities and senior citizens in coordination with confidence who belongs to the same household, or by
government agencies and civil society organizations. any member of the BEls. For this purpose, the person
who usually assists the person with disability or senior
Section 5. Section Record of Persons with citizen, such as a personal assistant, a caregiver or a nurse
Disabilities and Senior Citizens. — The Commission shall shall be considered a member of his or her household:
keep an updated record of persons with disabilities and Provided, That no voter shall be allowed to have an
senior citizens who are registered as voters, which assistor on the basis of illiteracy or physical disability
indicates the types of disability and the assistance they unless it is so indicated in his or her registration record.
need, to assist it in determining policy directions for more Nevertheless, if the physical inability to prepare the ballot
inclusive and accessible electoral processes. The record is manifest, obvious, or visible, said voter shall be allowed
shall be made accessible to concerned government to be assisted in accomplishing the ballot by a qualified
offices, accredited citizens’ arms, civil society monitoring assistor, even if not stated or indicated in the registration
groups and other organizations which promote the rights record: Provided, further, That the assistor must be of
of the persons with disabilities and senior citizens, subject voting age.
to specific guidelines the Commission may promulgate
to protect the privacy of the individuals concerned. The assistor shall hind himself or herself in a formal
document under oath to fill out the ballot strictly in
Section 6. Section Registration and Updating of accordance with the instructions of the voter and not to
Records. — In designing the forms, the Commission must reveal the contents of the ballot prepared by him or her,
ensure that persons with disabilities and senior citizens and shall prepare the ballot for the voter inside the voting
applying for registration, reactivation, transfer, or booth. Except for the members of the BEIs, no assistor
correction of entry indicate the type(s) of disability, as well can assist for more than three (3) times. Any violation of
as the form(s) of assistance needed. this provision shall constitute an election offense
Persons with disabilities and senior citizens who have punishable under Section 262 of the Omnibus Election
previously registered but have not indicated the type of Code.
disability, or who may have developed or manifested such Section 12. Section Sensitivity Training Program. —
disability after having been registered, shall be allowed, The Commission, in coordination with the National
during the periods to file applications for registration, to Council on Disability Affairs (NCDA), the Commission on
update their registration records, and to indicate the type Human Rights (CHR), and person with disability and
of disability as well as the form of assistance they need senior citizen organizations, shall organize, design, and
during election day. The Commission may design implement sensitivity trainings to persons performing
registration forms specifically for persons with disabilities electoral duties, including the Commission field officers,
and senior citizens, or issue supplemental forms for the members of the BEIs, and accredited citizens’ arms to
said purpose, and provide for procedures to be followed familiarize them with the needs of the persons with
by those who need to update their registration records. disabilities and senior citizens.
Section 7. Section Assistance in the Section 13. Section Information Materials. — The
Accomplishment of Application Form. — A person with Commission shall ensure that information materials
disability or senior citizen who cannot by himself or relating to the electoral processes are appropriate and
herself accomplish an application for registration, by accessible to persons with disabilities and senior citizens.
reason of illiteracy or physical disability, shall be assisted
by the Election Officer in the preparation of his or her Section 14. Section Appropriations. — The initial
application form, or by any member of an accredited funding of this Act shall be charged against, the current
citizens’ arm, or by a relative by consanguinity or affinity year’s appropriations or from any available savings of the
within the fourth civil degree, or if he or she has none Commission. Thereafter, such amount as may be
present, by any person of his or her confidence who necessary for the continued implementation of this Act
belongs to the same household. shall he included in the annual General Appropriations
Act.
Section 8. Section Satellite and Special
Registration. — The Commission, in coordination with Section 15. Section Implementing Rules and
national government agencies and local government Regulations. — Within sixty (60) days from the effectivity
units, person with disability and senior citizen of this Act, the Commission shall promulgate the
organizations, and other cause-oriented groups, shall implementing rules and regulations.
conduct satellite and/or special registration for persons Section 16. Section Separability Clause. — Should
with disabilities and senior citizens in accessible places. any provision of this Act he declared invalid or
Section 9. Section Creation of Precincts for Persons unconstitutional, the validity or constitutionality of the
with Disabilities and Senior Citizens. — The Commission other provisions shall not be affected thereby.
is hereby authorized to establish precincts of a Section 17. Section Repealing Clause. — All laws,
non-territorial nature, exclusively for persons with presidential decrees, executive orders, resolutions, rules
disabilities and senior citizens who in their registration and regulations or parts thereof which are inconsistent
records manifest their intent to avail of their right to a with the provisions of this Act are hereby repealed,
separate precinct under this section. Pursuant hereto, the amended or modified accordingly.
Commission shall establish at least one (1) such precinct, Section 18. Section Effectivity Clause. — This Act
assigned to accessible polling places, for every voting shall take effect on July 1, 2013, after its publication in two
center. Such precincts shall be provided with assistive (2) newspapers of general circulation.
devices as well as the services of experts in assisting
persons with disabilities.


Section 10. Mandatory Biometrics Registration. —
RA No 10367 | Mandatory Biometrics The Commission shall implement a mandatory
Voter Registration Act biometrics registration system for new voters.
Section 11. Prohibited Acts. — The following shall be
election offenses punishable under Sections 263 and 264
of Batas Pambansa Bilang 881, as amended, otherwise
[IRR] RA 10367 An Act Providing for Mandatory known as the "Omnibus Election Code":
Biometrics Voter Registration
(a) Any person who shall prohibit, impede, obstruct or
prevent a registered voter or a new voter from submitting
his or her biometrics for capture through the use of force,
February 15, 2013 intimidation or monetary consideration; and
AN ACT PROVIDING FOR MANDATORY BIOMETRICS (b) Any public official or person who, under the guise
VOTER REGISTRATION of implementing this Act, shall unjustifiably and without
Be it enacted by the Senate and House of due process, cause the deactivation or reactivation of any
Representatives of the Philippines in Congress registered voter.
assembled: Section 12. Rules and Regulations. — The
Section 1. Declaration of Policy. — It is the policy of Commission shall, within sixty (60) days after the
the State to establish a clean, complete, permanent and effectivity of this Act, promulgate the implementing rules
updated list of voters through the adoption of biometric and regulations.
technology. Section 13. Separability Clause. — If any part of this
Section 2. Definition of Terms. — As used in this Act: Act is held invalid or unconstitutional, the other parts or
(a) Commission refers to the Commission on provisions hereof shall remain valid and effective.
Elections (COMELEC). Section 14. Repealing Clause. — All laws, decrees,
(b) Biometrics refers to the quantitative analysis that executive orders, rules and regulations inconsistent with
provides a positive identification of an individual such as this Act are hereby repealed or modified accordingly.
voice, photograph, fingerprint, signature, iris and/or such Section 15. Effectivity Clause. — This Act shall take
other identifiable features. effect fifteen (15) days after its publication in at least two
(c) Data Capture Machine (DCM) is the device which (2) newspapers of general circulation.
captures the biometrics of an individual. March 14, 2013
(d) Validation is the process of taking the biometrics
of registered voters whose biometrics have not yet been
captured. RA No 10380 | Local Absentee Voting for
(e) Deactivation refers to the removal of the
registration record of the registered voter from the
Media Act
corresponding precinct book of voters for failure to
comply with the validation process as required by this
Act. [IRR] RA 10380 Local Absentee Voting for Media
(f) Reactivation refers to the reinstatement of a
deactivated voter.
AN ACT PROVIDING FOR LOCAL ABSENTEE VOTING
Section 3. Who Shall Submit for Validation. — FOR MEDIA
Registered voters whose biometrics have not been
captured shall submit themselves for validation. Be it enacted by the Senate and House of
Representatives of the Philippines in Congress
Section 4. Who Shall Conduct the Validation. — The assembled:
City or Municipal Election Officer shall conduct the
validation. Section 1. Declaration of Policy. — The State shall
ensure the free exercise of the right of suffrage by all
Section 5. Commencement of Validation. — The citizens of the Philippines not otherwise disqualified by
Commission shall conduct validation beginning July 1, law.
2013, consistent with the continuing registration under
Republic Act No. 8189. Section 2. Local Absentee Voting for Members of
Media. — The Commission on Elections shall extend the
Section 6. Publication and Notice Requirement. — right to vote under the local absentee voting system
The Commission shall cause the publication of the provided under existing laws and executive orders to
commencement of the validation in two (2) newspapers members of media, media practitioners, including the
of general circulation. The City or Municipal Election technical and support staff, who are duly registered
Officer shall serve individual written notices by registered voters and who, on election day, may not be able to vote
mail with return card to the voters concerned at their due to the performance of their functions in covering and
latest address in the voter’s registration record and post reporting on the elections: Provided, That they shall be
the list of the voters concerned in the city or municipal allowed to vote only for the positions of President, Vice
bulletin board and in the local COMELEC office. President, Senators and Party-List Representative.
Section 7. Deactivation. — Voters who fail to submit Section 3. Implementing Rules and Regulations. —
for validation on or before the last day of filing of The Commission on Elections shall, within thirty (30) days
application for registration for purposes of the May 2016 from the effectivity of this Act, promulgate the
elections shall be deactivated pursuant to this Act. implementing rules and regulations which shall include a
Section 8. Reactivation. — Those deactivated under system of accreditation and verification of the members
the preceding section may apply for reactivation after the of media, media practitioners, the technical and support
May 2016 elections following the procedure provided in staff, who are qualified to avail of local absentee voting.
Section 28 of Republic Act No. 8189. Section 4. Appropriations. — The initial funding of
Section 9. Database Security. — The database this Act shall be charged against the current year’s
generated by biometric registration shall be secured by appropriations or from any available savings of the
the Commission and shall not be used, under any Commission on Elections. Thereafter, such amount as
circumstance, for any purpose other than for electoral may be necessary for the continued implementation of
exercises.


this Act shall be included in the annual General may instead appoint the following persons in this order of
Appropriations Act. preference:
Section 5. Separability Clause. — If any part or (a) Private school teachers;
provision of this Act shall be declared unconstitutional or (b) National government employees:
invalid, other provisions hereof which are not affected
thereby shall continue to be in full force and effect. (1) DepED nonteaching personnel;
Section 6. Repealing Clause. — All laws, presidential (2) Other national government officials and
decrees, executive orders, resolutions, rules and employees holding regular or permanent positions,
regulations, other issuances, and parts thereof, which are excluding uniformed personnel of the Department of
inconsistent with the provisions of this Act, are hereby National Defense and all its attached agencies;
repealed or modified accordingly. (c) Members of the Commission-accredited citizen
Section 7. Effectivity. — This Act shall take effect arms or other civil society organizations and
fifteen (15) days following its publication in at least two (2) nongovernmental organizations duly accredited by the
newspapers of general circulation. Commission; and
(d) Any registered voter of the city or municipality of
known integrity and competence who is not connected
RA No 10756 | Election Service Reform with any candidate or political party.
In cases where the peace and order situation so
Act requires as determined by the Commission and where
there are no qualified voters willing to serve, uniformed
personnel of the Philippine National Police shall be
[IRR] RA 10756 Election Service Reform Act deputized to render election service as a last resort.
SECTION 4. Honoraria and Allowances. — Persons
rendering election service shall be entitled to honoraria,
April 8, 2016 travel allowance, and such other benefits as may be
AN ACT RENDERING ELECTION SERVICE granted by the Commission.
NON-COMPULSORY FOR PUBLIC SCHOOL TEACHERS, For the first implementation of this Act, the following
AUTHORIZING THE APPOINTMENT OF OTHER shall be entitled to the corresponding honoraria:
QUALIFIED CITIZENS, PROVIDING FOR COMPENSATION
AND OTHER BENEFITS Chairperson of Electoral Boards P6,000.00
Representatives of the Philippines in Congress Members of Electoral Boards P5.000.00
assembled:
SECTION 1. Short Title. — This Act shall be known as DESO P4,000.00
the “Election Service Reform Act”.
SECTION 2. Definition of Terms. — As used in this Support Staff P2.000.00
Act:
(a) Beneficiaries shall refer to the qualified All of the foregoing shall be entitled to an additional
compulsory heirs of the deceased person rendering travel allowance of One thousand pesos (P1,000.00) each.
election service under this Act; Such honoraria and allowances shall be paid within
(b) Commission shall refer to the Commission on fifteen (15) days from the date of election.
Elections; Such amounts shall be reviewed by the Commission
(c) Compensation shall refer to per diem, honoraria, or in consultation with the DepEd every three (3) years from
allowances granted to the Chairperson and members of the effectivity of this Act, but in no case, shall the revised
the Board of Election Inspectors (BEI), Special Board of amounts be lower than herein provided.
Election Inspectors (SBEI), Board of Election Tellers (BET), SECTION 5. Service Credit. — A minimum of five (5)
Special Board of Election Tellers (SBET), hereinafter days service credit shall accrue to all government officials
collectively referred to as “Electoral Boards”, or and employees serving as members of the Electoral
Department of Education Supervisor Official (DESO), and Boards and DESO, and their respective support staff.
their respective support staff under this Act;
SECTION 6. Other Benefits. — Persons rendering
(d) Department or DepED shall refer to the election service shall be entitled to death and/or medical
Department of Education; assistance for election-related risks to be drawn from the
(e) Election-related risk shall refer to any death or trust fund provided in this Act.
injury /sustained by reason of or on the occasion of the (a) Death Benefits — The amount of Five hundred
performance of election service or duties; thousand pesos (P500,000.00) shall be awarded to the
(f) Persons rendering election service shall refer to beneficiaries in accordance with the implementing rules
persons appointed by the Commission to render and regulations of this Act. Such amount shall be
election-related service as Chairperson or member of the reviewed by the Commission every three (3) years
Electoral Boards and DESO, and their respective support thereafter, but in no case shall the revised amount be
staff; and lower than herein provided.
(g) Other benefits shall refer to death and/or (b) Medical Assistance — Persons rendering election
hospitalization benefits granted to persons rendering service shall be entitled to medical assistance in such
election service or to their beneficiaries under this Act, amount as may be determined by the Commission,
including the provision for legal assistance and legal sufficient to answer for medical and hospitalization
indemnification. expenses, until recovery.
SECTION 3. Rendering of Election Service. — The SECTION 7. Legal Assistance. — Persons rendering
Electoral Boards to be constituted by the Commission election service are hereby authorized to engage the
shall be composed of a Chairperson and two (2) services of government or private lawyers immediately
members, all of whom shall be public school teachers upon receipt of notice that a civil or criminal action, suit
who are willing and available to render election service. or administrative proceeding is filed against them in
connection with their election service. The lawyer’s fee
Should there be a lack of public school teachers shall be part of the indemnification package under this
willing, available or qualified to serve, the Commission



Act, subject to the provisions of the immediately SECTION 16. Separability Clause. — Should any
succeeding section. provision of this Act or part hereof be declared
SECTION 8. Indemnification. — The Commission unconstitutional, the other provisions or parts not
shall establish an equitable legal indemnification affected thereby shall remain valid and effective.
package for persons rendering election service which SECTION 17. Effectivity Clause. — This Act shall take
shall be in the form of legal assistance and other forms of effect immediately after its publication in two (2)
legal protection and indemnification for all legal costs newspapers of general circulation.
and expenses reasonably incurred by such persons in any
administrative, civil, or criminal action, suit or proceeding
to which they have been made a party by reason of the
performance of their functions or duties, unless they are COMELEC Rules of Procedure
finally adjudged in such action or proceeding to be guilty As amended by COMELEC Resolution Nos 9523, 9599
of an election offense.
The legal assistance and indemnification shall not
cover any action or suit initiated by a person rendering COMELEC Rules of Procedures in the Investigation and
election service in his or her personal capacity or on Prosecution of Election Offense Cases
behalf of the Commission, unless such action,
proceeding, or claim was authorized by the Commission.
SECTION 9. Procedure. — The claimants shall file February 15, 1993
their respective claims for legal assistance and As amended by:
indemnification with their respective agencies and shall
secure the approval of their respective heads of agencies COMELEC Resolution No. 9523, September 25, 2012
on the terms and conditions of the engagement of COMELEC Resolution No. 9599, December 21, 2012
counsel. Private individuals rendering election service
shall file their claims with the Commission. Pursuant to Section 6 of Article IX-A and Section 3 of
Article IX-C of the Constitution of the Republic of the
If the claimant is found not guilty of an election Philippines and the powers vested in it by existing laws,
offense, he or she shall liquidate his or her cash advances the Commission on Elections hereby promulgates the
or be allowed reimbursement for reasonable expenses, as following rules governing pleadings, practice and
the case may be. However, if the claimant is found to be procedure before it or any of its offices:
guilty of an election offense, he or she shall be denied
reimbursement or if cash advances have been made, he
or she shall return the cash advance made through salary PART I INTRODUCTORY PROVISIONS
deduction or reimbursement, as may be applicable.
Rule 1 — Title and Construction
The funds to be used for the grant of legal assistance
and indemnification shall be drawn from the agency’s Section 1. Title of the Rules. — These rules shall be
annual appropriation and from the trust fund provided known and cited as the Comelec Rules of Procedure.
under this Act. Section 2. Applicability. — These rules, except Part VI,
SECTION 10. Election Offense. — Any person who shall apply to all actions and proceedings brought before
makes or causes the delay in the payment of the the Commission. Part VI shall apply to election contests
honoraria and allowances due persons rendering election and quo warranto cases cognizable by courts of general
service beyond the prescribed period of fifteen (15) days jurisdiction.
from the date of election shall be liable for an election Section 3. Construction. — These rules shall be
offense. liberally construed in order to promote the effective and
SECTION 11. Establishment and Administration of a efficient implementation of the objectives of ensuring
Trust Fund. — The Commission shall establish a special the holding of free, orderly, honest, peaceful and credible
trust fund for medical assistance, death benefits, legal elections and to achieve just, expeditious and inexpensive
assistance and indemnification as provided under this determination and disposition of every action and
Act. The trust fund shall not be used for purposes other proceeding brought before the Commission.
than what are provided for by this Act. Section 4. Suspension of the Rules. — In the interest
SECTION 12. Appropriation Clause. — The initial of justice and in order to obtain speedy disposition of all
funding of this Act shall be charged against the current matters pending before the Commission, these rules or
year’s appropriations of the Commission. Thereafter, such any portion thereof may be suspended by the
amount as may be necessary for the continued Commission.
implementation of this Act shall be included in the Section 5. Meaning of Words. — Whenever used in
annual General Appropriations Act. these Rules, the following words or terms shall mean:
SECTION 13. Implementing Rules and Regulations. (a) Commission — the Commission on Elections
— Within ninety (90) days from the effectivity of this Act,
the Commission with the assistance of the DepED, Office (b) Division — a Division of the Commission on
of the Solicitor General, Department of Justice, National Elections
Teacher Organizations, Election Monitoring Organizations (c) Chairman — the Chairman of the Commission on
and such other civil society organizations as may be Elections
determined by the Commission shall formulate the
implementing rules and regulations of this Act. (d) Commissioner — a Commissioner of the
Commission on Elections
SECTION 14. Transitory Clause. — Within thirty (30)
days after the effectivity of this Act, the Commission shall (e) Member — the Chairman or a Commissioner
determine if it still has material time to implement (f) Ordinary Actions — shall refer to Election Protests,
Section 3 hereof on the non-compulsory election service Quo warranto, and Appeals from decisions of courts in
of public school teachers in the 2016 national and local election protest cases
elections, otherwise the same shall be implemented in
(g) Special Actions — shall refer to Petitions to deny
subsequent elections.
course to certificate of candidacy, to declare a candidate
SECTION 15. Repealing Clause. — All laws, decrees, as a nuisance candidate, to disqualify a candidate or to
orders, and issuances, or portions thereof, which are postpone or suspend an election
inconsistent with the provisions of this Act, are hereby
(h) Special Cases — shall refer to Pre-proclamation
repealed, amended or modified accordingly.
cases


(i) Special Reliefs — shall refer to Certiorari, (g) To sign interlocutory resolution, orders or rulings
Prohibition, Mandamus and Contempt and temporary restraining orders of the Commission in
(j) Provisional Remedies — shall refer to injunction cases not yet assigned to the Divisions;
and/or restraining order (h) To take such other measures as he may deem
(k) Special Proceedings — shall refer to annulment of proper upon consultation with the other members of the
permanent list of voters, registration of political parties Commission; and
and accreditation of citizens' arms of the Commission. (i) To exercise such other powers as are vested upon
him by law or by specific provisions of these Rules.
PART II POWERS OF THE COMMISSION AND Section 6. Powers and Duties of the Presiding
TRANSACTION OF BUSINESS Commissioner. — The powers and duties of the Presiding
Commissioner of a Division when discharging its
functions in cases pending before the Division shall be as
Rule 2 — Powers of the Commission follows:
Section 1. Express Powers. — In the performance of (a) To issue calls for the sessions of the Division;
its administrative, quasi-judicial and judicial functions, the
Commission shall exercise all such powers and functions (b) To preside over the sessions of the Division;
as are expressly vested upon it by the Constitution and by (c) To preserve order and decorum during the
law. sessions of the Division;
Section 2. Implied Powers. — The Commission shall (d) To sign interlocutory resolutions, orders or rulings
likewise exercise such powers as are implied in or are and temporary restraining orders in cases already
necessary to the effective exercise of its express powers. assigned to the Division;
Section 3. Inherent Powers. — When performing its (e) To decide all questions of order, subject to appeal
constitutional or statutory functions, the Commission to the full Division; and
shall have inherent power to:
(d) To take such other measures as he may deem
(a) Preserve and enforce order in its immediate proper upon consultation with the other members of the
presence; Division.
(b) Enforce order in proceedings before it or before
any of its offices or officials empowered to conduct Rule 3 — How the Commission Transacts Business
investigation under its authority. Section 1. How Business is Transacted. — In the
(c) Compel obedience to its judgments, orders and exercise of its Constitutional or statutory powers,
processes; functions, and duties, the Commission may sit en banc or
in to Divisions.
(d) Control its ministerial officers and all other
persons in any manner connected with a case before it, Section 2. The Commission En Banc. — The
and in every manner appertaining thereto; Commission shall sit en banc in cases hereinafter
specifically provided, or in pre-proclamation cases upon a
(e) Compel the attendance of persons to testify in a
vote of a majority of the members of the Commission, or
case pending before it;
in all other cases where a division is not authorized to act,
(f) Administer or cause to be administered oaths in a or where, upon a unanimous vote of all the Members of a
case pending before it, and in all other cases where it Division, an interlocutory matter or issue relative to an
may be necessary in the exercise of its powers; action or proceeding before it is decided to be referred to
(g) Amend and control its processes and orders so as the Commission en banc.
to make them conformable to law and justice; Section 3. The Commission Sitting in Divisions. —
(h) Authorize a copy of a lost or destroyed pleading or The Commission shall sit in two (2) Divisions to hear and
other paper to be filed and used instead of the original, decide protests or petitions in ordinary actions, special
and to restore, and supply deficiencies in its records and actions, special cases, provisional remedies, contempt,
proceedings. and special proceedings except in accreditation of
citizen's arms of the Commission.
Section 4. Means to Effect Jurisdiction. — All
auxiliary writs, processes and other means necessary to Section 4. Composition of a Division. — Each
carry into effect its powers or jurisdiction may be Division shall be composed of three Commissioners, one
employed by the Commission; and if the procedure to be of whom shall be the Presiding Commissioner. The
followed in the exercise of such power or jurisdiction is Commission en banc shall determine who shall compose
not specifically provided for by law or these rules, any a Division.
suitable process or proceeding may be adopted. Section 5. Quorum; Votes Required. — (a) When
Section 5. Powers and Duties of the Chairman. — sitting en banc, four (4) Members of the Commission shall
The powers and duties of the Chairman of the constitute a quorum for the purpose of transacting
Commission when discharging his functions in actions or business. The concurrence of a majority of the Members
proceedings before the Commission are as follows: of the Commission shall be necessary for the
pronouncement of a decision, resolution, order or ruling.
(a) To issue calls for the sessions of the Commission;
(b) When sitting in Division, two (2) Members of a
(b) To preside over the sessions of the Commission; Division shall constitute a quorum to transact business.
and to act as Presiding Commissioner of a Division when The concurrence of at least two (2) Members of a Division
expressly authorized in these Rules; shall be necessary to reach a decision, resolution, order or
(c) To designate any of the Commissioners to preside ruling. If this required number is not obtained, the case
over sessions of the Commissions en banc in the event of shall be automatically elevated to the Commission en
his absence, disqualification or inhibition; banc for decision or resolution.
(d) To preserve order and decorum during the (c) Any motion to reconsider a decision, resolution,
session; order or ruling of a Division shall be resolved by the
Commission en banc except motions on interlocutory
(e) To decide all questions of order, subject to appeal orders of the division which shall be resolved by the
to the Commission en banc; division which issued the order.
(f) To enforce orders, resolutions, and decisions of the Section 6. Change in Composition; Substitution. —
Commission and the Divisions; The composition of a Division may be changed by the
Chairman of the Commission whenever necessary,



Provided that no change shall be made more than once Section 2. Who may be Parties. — Only natural or
every three (3) months; Provided Moreover, that notice juridical persons or entities duly authorized by law, such
thereof in writing shall be furnished the parties in cases as a voter, a candidate, or registered political parties,
pending before the Division concerned. organization or coalition of political parties, including
Whenever there is a vacancy in a Division because a parties or organizations under the party-list system, and
member inhibits himself, is absent, or is disqualified from any such person permitted by these Rules to bring an
sitting in a case, or when a division has only two (2) action or proceeding may be parties in any action or
regular members, the Chairman may appoint a substitute proceeding before the Commission.
Commissioner, or the Chairman himself may sit as Section 3. Parties in Interest. — All actions filed with
substitute or third member, and in that event he shall the Commissioner must be prosecuted and defended in
preside. the name of the real party in interest.
Section 7. Sessions. — The Commission or the Section 4. Designation of Parties. — A person
Divisions shall hold sessions on such days and time as it qualified to be a party under Sec. 2 of this Rule seeking
may specify at the session hall of the Commission, or at relief shall be referred to as Petitioner or Protestant. Any
such other places in the Philippines as it may designate. person who claims interest adverse to the petitioner or
Section 8. Assignment of Cases. — The assignment protestant or against whom a claim or interest is directed
of cases of the two (2) Divisions herein constituted shall by the petitioner or protestant, shall be referred to as the
be done strictly through raffle to be conducted regularly Respondent or Protestee.
by the Chairman of the Commission in the presence of at Section 5. Class Suit. — When the subject matter of
least a majority of the Commissioner; Provided, That the the controversy is one of common or general interest to
assignment of cases shall be made as evenly as possible. many persons, and the parties are so numerous that it is
Section 9. Consolidation of Cases. — When an action impracticable to bring them all before the Commission,
or proceeding involves a question of law and fact which is one or more may sue or defend for the benefit of all. But
similar to or common with that of another action or in such case, the Commission shall make sure that the
proceeding, the same may be consolidated with the parties actually before it are sufficiently numerous and
action or proceeding bearing the lower docket number. representative so that all interests concerned are fully
protected. Any party in interest shall have a right to
intervene to protect his individual interest.
Rule 4 — Disqualification and Inhibition
Section 6. Compulsory Joinder of Indispensable
Section 1. Disqualification or Inhibition of Members. Parties. — Parties in interest without whom no final
— (a) No Member shall sit in any case in which he or his determination of an action can be had shall be joined
spouse or child is related to any party within the sixth civil either as petitioner or protestant or respondent or
degree of consanguinity or affinity, or to the counsel of protestee.
any of the parties within the fourth civil degree of
consanguinity or affinity, or in which he has publicly
Rule 6 — Commencement of Action or Proceedings
expressed prejudgment as may be shown by convincing
proof, or in which the subject thereof is a decision Section 1. Commencement of Action or Proceedings
promulgated by him while previously serving as presiding by Parties. — Any natural or juridical person authorized
judge of an inferior court, without the written consent of by these rules to initiate any action or proceeding shall
all the parties, signed by them and entered in the records file with the Commission a protest or petition alleging
of the case; Provided, that no Member shall be the therein his personal circumstances as well as those of the
"ponente" of an en banc decision/resolution on a motion protestee or respondent, the jurisdictional facts, and a
to reconsider a decision/resolution written by him in a concise statement of the ultimate facts constituting his
Division. cause or causes of action and specifying the relief sought.
(b) If it be claimed that a Member is disqualified from He may add a general prayer for such further or other
sitting as above provided, the party raising the issue may, relief as may be deemed just or equitable.
in writing, file his objection with the Commission, stating Section 2. Commencement of Action by the
the grounds therefor. The member concerned shall either Commission. — In cases where the Commission is
continue to participate in the hearing or withdraw authorized to initiate motu proprio an action or
therefrom, in accordance with his determination of the proceeding, the Commission shall issue an order for
question of his disqualification. His decision thereon shall hearing reciting therein the purpose for which the
forthwith be made in writing and filed with the hearing is being called for and a concise statement of
Commission for proper notation and with the records of facts giving rise thereto. Copies of such order shall be
the case. No appeal or stay shall be allowed from, or by served upon persons or registered political parties,
reason of, his decision in favor of his own competency organizations or coalition of political parties known to
until after final judgment in the case. have an interest in the matter or who may be affected
(c) A Member may, in the exercise of his sound thereby, and published in a newspaper of general
discretion, inhibit himself from sitting in a case for just or circulation in the Philippines at least ten (10) days before
valid reasons other than those mentioned above. the scheduled date of hearing.
Section 2. Disqualification Resulting in Lack of Rule 7 — Pleadings

Quorum. — If the disqualification or inhibition of a
Member should result in a lack of quorum in the Section 1. Filing of Pleadings. — Every pleading,
Commission sitting en banc, the Presiding Justice of the motion and other papers must be filed in ten (10) legible
Court of Appeals, upon request of the Commission, shall copies. However, when there is more than one
designate a Justice of said Court to sit in said case for the respondent or protestee, the petitioner or protestant
purpose of hearing and rendering a decision thereon. must file additional number of copies of the petition or
protest as there are additional respondents or protestees.
PART III INITIATION OF ACTIONS OR Section 2. How Filed. — The documents referred to in
the immediately preceding section must be filed directly
PROCEEDINGS BEFORE THE COMMISSION with the proper Clerk of Court of the Commission
personally, or, unless otherwise provided in these Rules,
Rule 5. — Parties to Actions or Proceedings by registered mail. In the latter case, the date of mailing is
Section 1. Applicability. — the Rules under Part III the date of filing and the requirement as to the number
shall apply to all actions and proceedings hereinafter of copies must be complied with.
provided for. Section 3. Form of Pleadings, etc. — (a) All pleadings
allowed by these Rules shall be printed, mimeographed


or typewritten on legal size bond paper and shall be in pleading is permitted and the action has not been placed
English or Filipino. upon the trial calendar, he may so amend it at any time
(b) Protests or petitions in ordinary actions, special within five days after it is served.
actions, special cases, special reliefs, provisional remedies, Section 2. Amendments Only by Leave. — After the
and special proceedings, as well as counter-protests, case is set for hearing, substantial amendments may be
counter-petitions, interventions, motions for made only upon leave of the Commission or the Division,
reconsideration, and appeals from rulings of board of as the case may be. Such leave may be refused if it
canvassers shall be verified. All answers shall be verified. appears to the Commission or the Division that the
(c) A pleading shall be verified only by an affidavit motion was made with intent to delay the action or that
stating that the person verifying the same has read the the cause of action or defense is substantially altered.
pleading and that the allegations therein are true of his Orders of the Commission or the Division upon the
own knowledge. Verifications based on "information or matters provided in this section shall be made upon
belief" or upon "knowledge", "information" or "belief" shall motion duly filed, and after the adverse the party has
be deemed insufficient. been notified and afforded an opportunity to be heard.
(d) Each pleading shall contain a captain setting forth Section 3. Matters Subject of Supplemental

the name of the Commission, the title of the case, the Pleadings. — Upon motion of a party the Commission or
docket number and the designation of the pleading. a Division, as the case may be, may, upon notice and
When an action or proceeding has been assigned to a upon such terms as are just, permit him to serve a
Division, the caption shall set forth the name of the supplemental pleading setting forth transactions,
Division. occurrences or events which have happened since the
date of the pleading sought to be supplemented. If the
Section 4. Docket and Assignment of Numbers. — Commission or the Division deems it advisable that the
Upon the Filing of a protest or petition, the Clerk of Court adverse party should plead thereto, it shall so order,
of the Commission concerned shall docket the same and specifying the time therefor.
assign to it a docket number. The numbering must be
consecutive according to the date it is filed, must bear Rule 10 — Periods for Pleading
the year, and prefixed as follows:
Section 1. Title to Answer. — Unless otherwise
(a) EPC — for Ordinary Actions provided in these Rules, (a) In ordinary actions, special
(b) EAC — for Appealed Cases reliefs, and special proceedings, the answer must be filed
(c) SPA — for Special Actions within five (5) days from service of summons and a copy
of the petition; and
(d) SPC — for Special Cases
(b) In special actions and special cases, the answer
(e) SPR — for Special Reliefs must be filed within three (3) days from service of
(f) SPP — for Special Proceedings summon and a copy of the petition.
(g) EO — for Election Offenses Section 2. Answer to Amended Protest or Petition.
— If the protest or petition is amended, the time fixed for
Section 5. Non-acceptance of Pleading. — No the filing and service of the answer shall, unless
pleading shall be accepted by the Commission unless it otherwise ordered, run from receipt of the notice of the
conforms to the formal requirement provided herein. order admitting the amended protest or petition or from
service of such amended protest or petition. An answer
Rule 8 — Intervention filed before the amendment shall stand as an answer to
Section 1. When Proper and Who may be Permitted the amended protest or petition, unless a new one is filed
to Intervene. — Any person allowed to initiate an action within five (5) days from notice or service as herein
or proceeding may, before or during the trial of an action provided.
or proceeding, be permitted by the Commission, in its Section 3. Answer to Counter-Protest or
discretion, to intervene in such action or proceeding, if he Counterclaim. — A counter-protest, or a counterclaim
has legal interest in the matter in litigation, or in the when appropriate, must be filed within five (5) days from
success of either of the parties, or an interest against the date of service thereof upon the protestant or
both, or when he is so situated as to be adversely affected petitioner.
by such action or proceeding. Section 4. Period of Intervene and Time to Answer
Section 2. Motion for Intervention. — A person Intervention. — Whenever intervention is allowed the
desiring to intervene shall file a motion for leave of the same must be filed within five (5) days from receipt of the
Commission or the Division with notice upon all the order permitting the intervention, unless a different
parties to the action. period is fixed by the Commission or Division.
Section 3. Discretion of Commission. — In allowing Section 5. Reply. — Unless otherwise provided in
or disallowing a motion for intervention, the Commission these Rules, a reply may be filed within five (5) days from
or the Division, in the exercise of its discretion, shall receipt of the answer.
consider whether or not the intervention will unduly Section 6. Extension of Time to Plead. — Unless
delay or prejudice and adjudication of the rights of the otherwise provided in these Rules, the time to plead may
original parties and whether or not the intervenor's rights be extended by the Commission upon motion and on
may be fully protected in a separate action or proceeding. such terms as it may deem just.
Section 4. Protest/Petition or Answer in
Intervention. — The intervention shall be made by Rule 11 — Motions
protest or petition filed and served in due form, and may
be answered as if it were an original protest or petition; Section 1. Motions Defined. — Every applications for
but where intervenor unites with the protestee or an order not included in a decision of the Commission or
respondent in resisting the claims of protestant or a Division may be called a motion.
petitioner, the intervention may be made in the form of Section 2. Motions Must be in Writing. — All motions
an answer to the protest or petition. shall be in writing, except motions for continuance made
in the presence of the adverse party, or those made in the
Rule 9 — Amended and Supplemental Pleadings course of a hearing or trial.
Section 1. When Amendments Allowed as a Matter Section 3. Contents of Motions. — A motion shall
of Right. — A party may amend his pleadings once as a state the order sought to be obtained and the grounds
matter of course at any time before a responsive pleading upon which it is based.
is served, or, if the pleading is one to which no responsive



Section 4. Notice. — Notice of a motion shall be (d) motion for reconsideration of an en banc ruling,
served by the movant to all parties concerned, at least resolution, order or decision except in election offense
three (3) days before the hearing thereof, together with a cases;
copy of the motion. For good cause shown, the motion (e) motion for re-opening or re-hearing of a case;
may be heard on shorter notice, especially on matters
which the Commission or the Division may dispose of on (f) reply in special actions and in special cases; and
its own motion. (g) supplemental pleadings in special actions and in
The notice shall be directed to the parties concerned special cases.
and shall state the time and place of the hearing of the
motion. PART IV DISPOSITION OF ACTIONS OR
Section 5. Proof of Service. — No motion shall be PROCEEDINGS
acted upon by the Commission without proof of service
of notice thereof, except when the Commission or a
Division is satisfied that the rights of the adverse party or Rule 14 — Summons
parties are not affected. Section 1. Clerk to Issue Summons. — Unless
Section 6. No oral Arguments for Motions. — No oral otherwise provided herein, the Clerk of Court of the
argument shall be heard in support of motions unless, for Commission or the division concerned shall issue the
special reasons, the Commission or a Division directs corresponding summons to the protestee or respondent
otherwise. within three (3) days following the filing of a protest or
petition in ordinary actions except appeals from decisions
Section 7. Motion Day. — The first hours of the of courts in election protest cases, in special actions,
session of the Commission en banc or of the division shall special cases, special reliefs, and in special proceedings.
be devoted to hearings of motions.
Section 2. Contents. — Summons shall be directed to
Section 8. Omnibus Motion. — A motion assailing a the protestee or respondent, signed by the Clerk of Court
pleading or a proceeding shall include all objections then of the Commission or the division concerned under the
available, and all objections not so included shall be seal of the Commission, and shall contain (a) the name of
deemed waived. the Commission or its Division and the names of the
parties; (b) a direction that the protestee or respondent
Rule 12 — Service and Filing of Pleadings and Other shall answer within the time fixed by these Rules.
Papers A copy of the protest or petition shall be attached to
Section 1. Filing with the Commission. — The Filing the original and to each copy of the summons.
of pleadings, appearances, motions, notices, and other Section 3. Issuance of Other Summons. — If a
papers with the Commission as required by these rules summons is returned without being served on any of the
shall be made by filing them personally or through a duly protestees or respondents, or if it has been lost, the Clerk
authorized representative with the appropriate Clerk of of Court concerned, on demand of the protestant or
Court of the Commission, or by registered mail except in a petitioner, may issue another summons as the case may
special action to declare a candidate as a nuisance require, in the same form as the original.
candidate. If filed personally or by a duly authorized
representative, the Clerk of Court shall stamp on the Section 4. By Whom Summons May be Served. —
pleading the date and hour of filing. It filed by registered The summons may be served by personal service or by
mail, the date of the mailing of motions, pleadings, or mail. Personal service may be made by a bailiff of the
other papers or payments or deposits, as shown by the Commission or the division or upon request of the
post office stamp on the envelope or the registry receipt, Commission or a Division, by the sheriff of any court in
shall be considered as the date of their filing, payment or the place where the parties to be served reside; or for
deposit with the Commission. The envelope shall be special reasons, by any person especially authorized by
attached to the records of the case. the Commission or a Division.
Section 2. Papers to be Filed and Served. — Orders Section 5. Return. — When the service has been
required to be served, pleadings subsequent to a petition completed by personal service, the server shall give
or protest, written motions other than those which may notice thereof, by registered mail, to the protestant or
be heard ex-parte, and written notices, appearances, petitioner or his counsel and shall return the summons to
demand or offer of judgment or similar papers shall be the Clerk of Court concerned who issued it, accompanied
filed with the Commission and served upon the parties with the proof of service.
affected thereby. If any of the parties has appeared by an Section 6. Proof of Service. — Proof of service of
attorney or attorneys, service shall be made upon his summons shall be made in the manner provided for in
attorney or upon any of his attorneys, unless service upon the Rules of Court in the Philippines.
the party himself is ordered by the Commission or
Division. Where one attorney appears for several parties, Rule 15 — Pre-Trial
he shall be entitled to only one copy of any paper served
upon him by the opposite side. Section 1. Purpose of Pre-Trial. — At the discretion of
the Commission or the Division, the parties and their
Section 3. Mode, Completion and Proof of Service. — attorneys may be required to appear before it for a
Service of pleadings, motions, notices, orders or pre-trial conference to consider:
judgment and other papers, the completeness thereof,
and proof of such service shall be made in the manner (a) The simplification of issues;
prescribed by the Rules of Court of the Philippines. (b) The possibility of obtaining admission of facts and
of documents to avoid unnecessary proof;
Rule 13 — Prohibited Pleadings (c) The limitation of the number of witnesses; and
Section 1. What Pleadings are not Allowed. — The (d) Such other matters as may be aid in the prompt
following pleadings are not allowed: disposition of the action or proceeding.
(a) motion to dismiss; This rule shall not apply to election protest cases filed
(b) motion for a bill of particulars; before the Commission on Elections. In such cases, the
parties shall submit, to form part of the record of the case,
(c) motion for extension of time to file memorandum
a position paper which summarizes their legal positions.
or brief;


clarificatory questions, observing for that purpose Section
Rule 16 — Subpoena 6 of Rule 34 of these Rules.
Section 1. Subpoena Ad Testificandum or Subpoena Section 4. Period to Terminate Hearing When
Duces Tecum. — Subpoena ad testificandum or Delegated. — The hearing and reception of evidence,
subpoena duces tecum may be issued by the when delegated by the Commission or a Division to any
Commission or the Division motu propio, or upon request of its officials, shall be completed within three (3) days.
of the parties in any case. The official concerned shall submit his findings, report
Section 2. By Whom Issued. — The subpoena shall and recommendation to the Commission or the Division
be heard by the Chairman of the Commission in cases within three (3) days from such completion.
heard en banc, or by the Presiding Commissioner of the Section 5. Agreement on Facts. — The parties to any
Division concerned. action may agree in writing on the facts involved in the
Section 3. Form and Contents. — A subpoena shall case.
be signed by the Clerk of Court concerned. It shall state
the name of the Commission or the Division issuing it Rule 18 — Decisions
and the title of the action; it shall be directed to the Section 1. Procedure in Making Decisions. — The
person whose attendance is required, and in the case of a conclusions of the Commission in any case submitted to
subpoena duces tecum, it shall also contain a reasonable it for decision en banc or in Division shall be reached in
description of the books, documents or things demanded consultation before the case is assigned by raffle to a
which may appear prima facie relevant. Member for the writing of the opinion of the Commission
Section 4. Authority of Officials of the Commission or the Division and a certification to this effect signed by
to Issue Subpoena. — Officials of the Commission the Chairman or the Presiding Commissioner, as the case
authorized under these Rules to hear cases and receive may be, shall be incorporated in the decision. Any
evidence or conduct preliminary investigation shall have Member who took no part, or dissented, or abstained
the authority to issue subpoena in connection with such from a decision or resolution must state the reason
cases. therefor.
Every decision shall express therein clearly and
Rule 17 — Hearings distinctly the facts and the law on which it is based.
Section 1. Notice of Hearing. — After the issues have Section 2. Minute Resolution. — No minute
been joined, the case shall be set for hearing and the resolution resolving a case shall be rendered if evidence
parties, thru counsel, shall be served, personally or by has been adduced and received.
registered mail, giving sufficient time for the notice
thereof to be received by the parties not less than three Section 3. When Extended Opinion Reserved. —
(3) days before the date set. Whenever necessary, When in a given resolution or decision the writing of an
telegraphic notices shall be sent simultaneously with the extended opinion is reserved, the extended opinion shall
formal notice of hearing. be released within fifteen (15) days after the promulgation
of the resolution.
Section 2. Order of Hearing. — Unless the
Commission or the Division, as the case may be, for Section 4. Period to Appeal or File Motion for
special reasons, directs otherwise, the order of hearing Reconsideration When Extended Opinion is Reserved.
shall be as follows: — If an extended opinion is reserved in a decision or
resolution, the period to file a petition for certiorari with
(a) The petitioner or protestant shall present evidence the Supreme Court or to file a motion for reconsideration
on his part; shall begin to run only from the date the aggrieved party
(b) The protestant-in-intervention, if any, shall present received a copy of the extended opinion.
evidence on his part; Section 5. Promulgation. — The promulgation of a
(c) The respondent or protestee shall then offer decision or resolution of the Commission or a Division
evidence in support of his defense or counter-protest, if shall be made on a date previously fixed, of which notice
any; shall be served in advance upon the parties or their
attorneys personally or by registered mail or by telegram.
(d) The parties may then respectively offer rebutting
evidence only, unless the Commission or the Division, as Section 6. Procedure if Opinion is Equally Divided. —
the case may be, for good reasons, in the furtherance of When the Commission en banc is equally divided in
justice, permits them to offer evidence upon their original opinion, or the necessary majority cannot be had, the
case; case shall be reheard, and if on rehearing no decision is
reached, the action or proceeding shall be dismissed if
(e) When the evidence is concluded, unless the originally commenced in the Commission; in appealed
parties agree to submit the case without arguments, the cases, the judgment or order appealed from shall stand
parties or their counsel may be allowed to argue, subject affirmed; and in all incidental matters, the petition or
to such limitation of time as the Commission or the motion shall be denied.
Division may prescribe;
Section 7. Period to Decide by the Commission En
(f) In lieu of oral arguments, the parties may be Banc. — Any case or matter submitted to or heard by the
allowed to submit their respective memoranda within a Commission en banc shall be decided within thirty (30)
period of three (3) days. days from the date it is seemed submitted for decision or
Section 3. Oral Testimony Dispensed with Where resolution, except a motion for reconsideration of a
Proceedings are Summary. — When the proceedings are decision or resolution of a Division in Special Actions and
authorized to be summary, in lieu of oral testimonies, the Special Cases which shall be decided within fifteen (15)
parties may, after due notice, be required to submit their days from the date the case or matter is deemed
position paper together with affidavits, counter-affidavits submitted for decision, unless otherwise provided by law.
and other documentary evidence; and when there is a Section 8. Period to Decide by a Division. — Any
need for clarification of certain matters, at the discretion case or matter heard by a Division shall be decided within
of the Commission or the Division, the parties may be ten (10) days from the date it is deemed submitted for
allowed to cross-examine the affiants. decision or resolution, except in Special Actions and
This provision shall likewise apply to cases where the Special Cases which shall be decided or resolved within
hearing and reception of evidence are delegated by the five (5) days from the date they are deemed submitted
Commission or the Division to any of its officials; and for decision or resolution, unless otherwise provided by
when there is a need for clarification of certain matters, law
the hearing officer may schedule a hearing to propound


Section 9. When Deemed Submitted for Decision. — implementation of the decision, resolution, order or
(a) A case or matter is deemed submitted for decision or ruling.
resolution upon the filing of the last pleading, brief or Section 3. Form and Contents of Motion for
memorandum as required in these Rules or by the Reconsideration. — The motion shall be verified and shall
Commission en banc or by a Division. point out specifically the findings or conclusions of the
(b) However, if the hearing and reception of evidence decision, resolution, order or ruling which are not
are delegated to any of its officials, the case or matter supported by the evidence or which are contrary to law,
shall be deemed submitted for decision as of the date of making express reference to the testimonial or
the receipt of the findings, report and recommendation documentary evidence or the provisions of law alleged to
of the official so delegated. be contrary to such findings or conclusions.
Section 10. Duty to Certify to the President. — In Section 4. Effect of Motion for Reconsideration on
election protests and quo warranto cases, if the decision Period to Appeal. — A motion to reconsider a decision,
shall be that none of the parties has been legally elected, resolution, order or ruling when not pro-forma, suspends
the Commission shall certify such decision to the the running of the period to elevate the matter to the
President of the Philippines. Supreme Court.
Section 11. Duty to Notify Other Agencies of the Section 5. How Motion for Reconsideration
Government. — (a) As soon as a decision in an election Disposed Of. — Upon the filing of a motion to reconsider
protest within the original jurisdiction of the Commission a decision, resolution, order or ruling of a Division, the
or in a quo warranto case becomes final and executory, Clerk of Court concerned shall, within twenty-four (24)
notices thereof shall be sent to the President, the hours from the filing thereof, notify the Presiding
Secretary of Local Government, the Chairman of the Commissioner. The latter shall within two (2) days
Commission on Audit, and the Secretary of the thereafter certify the case to the Commission en banc.
Sangguniang Pampook in the case of regional officials, Section 6. Duty of Clerk of Court of Commission to
the Secretary of the Sangguniang Panlalawigan in the Calendar Motion for Resolution. — The Clerk of Court
case of provincial officials, and the Secretary of the concerned shall calendar the motion for reconsideration
Sangguniang Panlungsod in the case of city officials. for the resolution of the Commission en banc within ten
(b) As soon as a decision or resolution in an appealed (10) days from the certification thereof.
election case becomes final and executory, notices
thereof shall be sent to the President, the Secretary of PART V PARTICULAR ACTIONS OR
Local Government, the Chairman of the Commission on
Audit, and the Secretary of the Sangguniang Bayan in the PROCEEDINGS
case of municipal officials and the Secretary of the
Sangguniang Barangay in the case of barangay officials. A. ORDINARY ACTIONS
Section 12. Dissemination of Decision in a Petition
to Deny Due Course to or Cancel a Certificate of Rule 20 — Election Protests
Candidacy or to Declare a Candidate as a Nuisance
Candidate. — The Commission shall, within twenty-four Section 1. Filing of Election Protest. — A verified
(24) hours from the promulgation of a decision in petition contesting the election of any regional, provincial
petitions to deny due course to or cancel a certificate of or city official shall be filed by any candidate who duly
candidacy, declare a candidate a nuisance candidate or filed a certificate of candidacy and has been voted for the
disqualify a candidate, disseminate its decision, or the same office, within ten (10) days after the proclamation of
decision of the Supreme Court if the Commission's the results of the election.
decision is brought by the aggrieved party to said Court, Each contest shall refer exclusively to one office, but
to the election registrars concerned, boards of election contests for offices of the Sangguniang Pampook,
inspectors, and the general public in the political Sangguniang Panlalawigan or Sangguniang Panlungsod
subdivision concerned through the fastest means may be consolidated in a single case.
available.
Section 2. Contents of Answer. — The answer must
Section 13. Finality of Decisions or Resolutions. — (a) specify the nature of the defense and may set forth
In ordinary actions, special proceedings, provisional special and affirmative defenses.
remedies and special reliefs a decision or resolution of the
Commission en banc shall become final and executory Section 3. Counter-Protest or Counterclaim. — The
after thirty (30) days from its promulgation. protestee may incorporate in his answer a
counter-protest or a counterclaim.
(b) In Special Actions and Special Cases a decision or
resolutions of the Commission en banc shall become final Section 4. General Denial. — If no answer is filed to
and executory after five (5) days from its promulgation the protest or counter-protest, a general denial shall be
unless restrained by the Supreme Court. deemed to have been entered.
(c) Unless a motion for reconsideration is seasonably Section 5. Protestant's Reply. — The protestant may
filed, a decision or resolution of a Division shall become file a reply.
final and executory after the lapse of five (5) days in Section 6. Revision of Ballots. — When the
Special actions and Special cases and after fifteen (15) allegations in a protest or counter-protest so warrant, or
days in all other actions or proceedings, following its whenever in the opinion of the Commission or Division
promulgation. the interest of justice so demands, it shall immediately
order the ballot boxes containing ballots and their keys,
Rule 19 — Motions for Reconsideration list of voters with voting records, book of voters, and other
documents used in the election to be brought before the
Section 1. Grounds of Motion for Reconsideration. — Commission, and shall order the revision of the ballots.
A motion for reconsideration may be filed on the grounds
that the evidence is insufficient to justify the decision, Section 7. Composition and Compensation of
order or ruling; or that the said decision, order or ruling is Revision Committee. — For the above purpose, the
contrary to law. Commission may constitute a committee on the revision
of ballots which shall be composed of the following with
Section 2. Period for Filing Motions for the corresponding compensation per ballot box
Reconsideration. — A motion to reconsider a decision, contested:
resolution, order, or ruling of a Division shall be filed
within five (5) days from the promulgation thereof. Such 1. A Chairman, who shall be a lawyer of the
motion, if not proforma, suspends the execution or Commission — P150.00


2. One Revisor/Alternate for the Protestant — P100.00 interposing the appeal shall be called the "Appellant" and
3. One Revisor/Alternate for the Protestee — P100.00 the adverse party the "Appellee", but the title of the case
shall remain as it was in the court of origin.
Other Support Staff:
Section 2. Attorneys. — The attorneys of the parties in
4. Clerk — P50.00 the courts shall be considered as their respective
5. Typist — P50.00 attorneys in the Commission, unless otherwise
manifested.
6. Ballot Box Custodian — P50.00
Section 3. Notice of Appeal. — Within five (5) days
Section 8. Revision Expenses. — The compensation after promulgation of the decision of the court, the
of the members and staff shall be deducted from the aggrieved party may file with said court a notice of
cash deposit of the protestant or the protestee as the appeal, and serve a copy thereof upon the attorney of
case may be, and other incidental expenses such as record of the adverse party.
supplies and transportation in the supplies and
transportation in the gathering of the protested ballot Section 4. Immediate Transmittal of Records of the
boxes. Case. — The Clerk of the court concerned shall, within
fifteen (15) days from the filing of the notice of appeal,
Section 9. Venue of the Revision. — The revision of transmit to the Electoral Contests Adjudication
ballots shall be made in the Office of the Clerk of Court Department the complete records of the case, together
concerned or at such places as the Commission or with all the evidence, including the original and three (3)
Division shall designate and shall be completed within copies of the transcript of stenographic notes of the
three (3) months from the date of the order; unless proceedings.
otherwise directed by the Commission.
Section 5. Filing of Briefs. — The Clerk of Court
Section 10. Custody of Election Records and concerned, upon receipt of the complete records of the
Paraphernalia. — The ballot boxes containing ballots and case, shall notify the appellant or his counsel to file with
their keys, the list of voters with the voting records, book the Electoral Contests Adjudication Department within
of voters, and other documents used in the election, shall thirty (30) days from receipt of such notice, ten (10) legible
be kept and held secure in a place to be designated by copies of his brief with proof of service thereof upon the
the Commission, in the care and custody of the ballot box appellee.
custodian of the Electoral Contests Adjudication
Department and under the authority of the Chairman. Within thirty (30) days from receipt of the brief of the
appellant, the appellee shall file ten (10) legible copies of
Section 11. Report of Committee on Revision. — The his brief with proof of service thereof upon the appellant.
committee on revision of ballots shall make a statement
of the condition in which the ballot boxes and their Section 6. Contents of Brief. — The brief shall have
contents were found upon the opening of the same, and the same contents as those provided under Sections 16
shall classify the ballots so examined and set forth clearly and 17, Rule 46 of the Rules of Court. A copy of the
any objection that may have been offered to each ballot decision appealed from shall be attached as an appendix
in the report to be submitted by them. Disputed ballots to the appellant's brief.
shall be numbered consecutively for purposes of Section 7. Reply Brief. — The appellant may file a
identification in the presence and under the direction of reply brief within twenty (20) days from receipt of
the committee chairman. After examination, the ballots appellee's brief.
and other election documents shall be returned to their
respective boxes under lock but disputed ballots shall be Section 8. When Case May Be Set for Oral
placed in a separate envelope duly sealed and signed by Argument. — Upon the filing of appellant's reply brief, or
the members of the committee and then returned to the after the expiration of the time for its filing, the case shall
box. For purposes of making said report, which shall be be deemed submitted for decision, unless within fifteen
submitted in twelve (12) legible copies, only the (15) days therefrom, any party asks, and for special reason,
prescribed form prepared by the Commission shall be is thereafter granted permission for oral argument, or
used. unless the Commission motu proprio requires it. Oral
arguments shall be confined to such points as the
Section 12. Prohibited Access. — During the revision Commission may specify in an order setting the date
of ballots, no person other than the Members of the therefor. The Commission may admit memoranda in lieu
Commission, members of the committee on revision of of oral argument.
ballots, the Clerk of Court concerned or the latter's
authorized representatives and the parties, their attorney Section 9. Grounds for Dismissal of Appeal. — The
or their duly authorized representatives shall have access appeal may be dismissed upon motion of either party or
to the place where said revision is taking place. at the instance of the Commission on any of the following
grounds:
Section 13. Book of Voters as Evidence. — In election
contests, the book of voters shall be conclusive in regard (a) Failure of the appellant to pay the correct appeal
to the question as to who has the right to vote in said fee;
election. (b) Failure of the appellant to file copies of his brief
within the time provided by these rules;
Rule 21 — Quo warranto (c) Want of specific assignment of errors in the
Section 1. Petition for Quo Warranto. — Any voter appellant's brief; and
contesting the election of any regional, provincial or city (d) Failure to file notice of appeal within the
official on the ground of ineligibility or of disloyalty to the prescribed period.
Republic of the Philippines may file a petition for quo
warranto with the Electoral Contests Adjudication Section 10. Withdrawal of Appeal. — An appeal may
Department. be withdrawn as a matter of right at any time before the
filing of appellee's brief. After the filing of the appellee's
Section 2. Period Within Which to File. — A petition brief, the withdrawal may be allowed at the discretion of
for quo warranto may be filed within ten (10) days from the Commission.
the date the respondent is proclaimed.
Rule 22 — Appeals from Decisions of Courts in Election

Protest Cases
Section 1. Caption and Title of Appealed Cases. — In
all election contests involving the elections, returns, and
qualifications of municipal or barangay officials, the party



communication to the respondent and notice of
B. SPECIAL ACTIONS conference to the petitioner;
6. Within a non-extendible period of five (5) days
Rule 23 — Petition to Deny Due Course to or Cancel from receipt of summons, the respondent shall,
Certificates of Candidacy personally or through his authorized representative, file
his verified Answer to the Petition with the Office of the
Section 1. Ground for Denial or Cancellation of
Clerk of the Commission in ten (10) legible copies, with
Certificate of Candidacy. — A verified Petition to Deny
proof of personal service of answer upon the petitioner. A
Due Course to or Cancel a Certificate of Candidacy for any
motion to dismiss shall not be admitted, but grounds
elective office may be filed by any registered voter or a
thereof may be raised as an affirmative defense. The
duly registered political party, organization, or coalition of
failure of the respondent to file his verified Answer within
political parties on the exclusive ground that any material
the reglementary period shall bar the respondent from
representation contained therein as required by law is
submitting controverting evidence or filing his
false.
memorandum.
A Petition to Deny Due Course to or Cancel Certificate
7. The Clerk of the Commission or, in his/her
of Candidacy invoking grounds other than those stated
absence, his/her duly authorized representative, shall
above or grounds for disqualification, or combining
preside during the conference. It shall be the duty of the
grounds for a separate remedy, shall be summarily
parties or their duly-designated counsel, possessing a
dismissed.
written authority under oath, to appear during the
Section 2. Period to File Petition. — The Petition conference. Should the petitioner or his authorized
must be filed within five (5) days from the last day for counsel fail to appear, the Petition shall be dismissed.
filing of certificate of candidacy; but not later than twenty Should respondent or his authorized counsel fail to
five (25) days from the time of filing of the certificate of appear, the Petition shall be deemed submitted for
candidacy subject of the Petition. In case of a substitute resolution. If the petitioner or respondent is not present
candidate, the Petition must be filed within five (5) days during the conference, the failure of the counsel to
from the time the substitute candidate filed his produce a written authority under oath shall have the
certificate of candidacy. effect of non-appearance unless the counsel has
Section 3. Where to file petition. — The Petition previously filed a pleading bearing the conformity of his
herein mentioned shall be filed in the place where the client. The following matters shall be taken up during the
certificate of candidacy subject of the Petition was filed conference:
or at the Office of the Clerk of the Commission. 8.
In case the Petition is filed with the field officer, the 1. Production of a written authority under oath of
field officer concerned shall instantly transmit ten copies counsel;
(10) of the Petition together with the payment received
2. Comparison between the original and/or certified
and duplicate copy of the official receipt issued to the
true copies and copies of documentary and real evidence;
Office of the Clerk of the Commission, Commission on
and
Elections in Manila.
3. Setting of the period to file the parties' respective
Petitions filed through mail and/or not in accordance
memorandum, which shall not be later than ten (10) days
with the herein rules shall not be accepted or docketed.
from the date of the conference.
However, the petitioner may re-file the Petition in
accordance with the herein rules before the lapse of the 9. Unless the Division or the Commission En Banc
reglementary period provided for the filing of the requires a clarificatory hearing, the case shall be deemed
Petition. submitted for resolution upon the receipt of both parties'
Memoranda or upon the expiration of the period to do so,
Section 4. Procedure to be observed. — Both parties
whichever comes sooner.
shall observe the following procedure:
10. The Memorandum of each party shall contain, in
1. The petitioner shall, before filing of the Petition,
the above order herein indicated, the following:
furnish a copy of the Petition, through personal service to
the respondent. In cases where personal service is not 11.
feasible, or the respondent refuses to receive the Petition, 1. "Statement of the Case", which is a clear and
or the respondents' whereabouts cannot be ascertained, concise statement of the nature of the action, a summary
the petitioner shall execute an affidavit stating the reason of the documentary evidence, and other matters
or circumstances therefor and resort to registered mail as necessary to an understanding of the nature of the
a mode of service. The proof of service or the affidavit controversy;
shall be attached to the Petition to be filed;
2. "Statement of the Issues", which is a clear and
2. The Petition intended for the Commission shall concise statement of the issues;
be in eleven (11) copies. Upon receipt of the Petition,
payment of the filing fee of P10,000.00 and legal research 3. The "Argument" which is a clear and concise
fee of P100.00 and official receipt, the Office of the Clerk presentation of the argument in support of each issue;
of the Commission shall docket the Petition and assign to 4. The "Objections to Evidence", which states the
it a docket number, which must be consecutive party's objections to the real and documentary evidence
according to the order of receipt, and must bear the year of the other party and stating the legal grounds for such
and prefixed as SPA (DC); objection;
3. The Petition shall contain the correct information 5. The "Relief" which is a specification of the
as to the addresses, telephone numbers, facsimile judgment which the party seeks to obtain. The issues
numbers, and electronic mail of both parties and counsel, raised in his/its pleadings that are not included in the
if known. Memorandum shall be deemed waived or abandoned.
4. No Petition shall be docketed unless the The Commission may consider the memorandum alone
requirements in the preceding paragraphs have been in deciding or resolving the Petition, said memorandum
complied with; being a summation of the parties' pleadings and
documentary evidence; and
5. Upon the proper filing and docketing of the
Petition, the Clerk of the Commission shall, within three 6. Annexes — which may consist of the real and
(3) days, issue summons with notice of conference documentary evidence, including affidavits of witnesses
through personal service, or in the event of impossibility in lieu of oral testimony, in support of the statements or
or shortness of time, resort to telegram, facsimile, claims made in the Memorandum.
electronic mail, or through the fastest means of



12. Prior to promulgation of a decision or resolution,
a Division or the Commission En Banc may, in its Rule 24 — Proceedings Against Nuisance Candidates
discretion, call for a hearing in the event it deems it Section 1. Grounds. — Any candidate for any elective
necessary to propound clarificatory questions on factual office who filed his certificate of candidacy to put the
issues. election process in mockery or disrepute or to cause
13. No other pleadings seeking affirmative relief shall confusion among the voters by the similarity of the
be allowed. If after termination of the Conference, but names of the registered candidates or who by other acts
prior to promulgation of a decision or resolution, a or circumstances is clearly demonstrated to have no bona
supervening event occurs that produces evidence that fide intention to run for the office for which the certificate
could materially affect the determination of the grant or of candidacy has been filed, thus preventing a faithful
denial of the Petition, a party may submit the same to the determination of the true will of the electorate, may be
Division or Commission En Banc, where applicable, declared a nuisance candidate, and his certificate of
through a Manifestation. candidacy may be denied due course or may be
cancelled.
Section 5. Delegation of Reception of Evidence. —
The Commission may designate any of its officials, who Section 2. Who May File Petition to Declare a
are members of the Philippine Bar, to hear the case and Candidate as Nuisance Candidate. — Any registered
to receive evidence only in cases involving barangay candidate for the same position may file a verified
officials. Petition to declare a candidate as a nuisance candidate.
Section 6. Promulgation. — The promulgation of a Section 3. Period to File the Petition. — The Petition
decision or resolution of the Division or the Commission shall be filed personally or through an authorized
En Banc shall be made by filing or delivering a complete representative, within five (5) days from the last day for
copy of the decision, resolution, order or ruling to the the filing of certificates of candidacy. In case of a
Clerk of the Commission concerned. substitute candidate, the Petition must be filed within
five (5) days from the time the substitute candidate filed
The Clerk of the Commission shall provide the parties his certificate of candidacy.
a copy of the Decision or Resolution of the Division or
Commission En Banc only by personal service or Section 4. Motu Proprio Cases. — The Commission
registered mail. may, at any time before the election, motu proprio,
declare a candidate as a nuisance candidate subject to an
Section 7. Motion for Reconsideration. — A motion to opportunity to be heard.
reconsider a Decision, Resolution, Order or Ruling of a
Division shall be filed within five (5) days from receipt Section 5. Applicability of Rule 23. — Except for motu
thereof and upon the payment of filing fee in the amount proprio cases, Sections 3, 4, 5, 6, 7, and 8 of Rule 23 shall
of P1,000.00. Such motion, if not pro-forma, suspends the apply in proceedings against nuisance candidates.
execution for implementation of the Decision, Resolution, If the person declared as a nuisance candidate and
Order and Ruling. The movant shall be required to furnish whose certificate of candidacy has been cancelled or
a copy of his motion for reconsideration to the adverse denied due course does not have the same name and/ or
party prior to filing the same with the Office of the Clerk surname as a bona fide candidate for the same office, the
of Commission. votes cast for such nuisance candidate shall be deemed
Within forty-eight (48) hours from the filing thereof, stray pursuant to Section 9 of Rule 23.
the Clerk of the Commission shall notify the Presiding If the person declared as a nuisance candidate and
Commissioner. The latter shall within two (2) days whose certificate of candidacy has been cancelled or
thereafter certify the case to the Commission En Banc. denied due course has the same name and/or surname
The Clerk of the Commission shall calendar the as a bona fide candidate for the same office, the votes
Motion for Reconsideration for the resolution of the cast shall not be considered stray but shall be counted
Commission En Banc within three (3) days from the and tallied for the bona fide candidate. However, if there
certification thereof without need of comment from the are two or more bona fide candidates with the same
adverse party. name and/or surname as the nuisance candidate, the
votes cast for the nuisance candidate shall be considered
Section 8. Effect if Petition Unresolved. — If a as stray votes. (as amended by COMELEC Resolution No.
Petition to Deny Due Course to or Cancel a Certificate of 9599)
Candidacy is unresolved by final judgment on the day of
elections, the petitioner may file a motion with the (as amended by COMELEC Resolution No. 9523)
Division or Commission En Banc, as may be applicable,to
suspend the proclamation of the candidate concerned, Rule 25 — Disqualification of Candidates
provided that the evidence for the grounds for denial to
or cancel certificate of candidacy is strong. For this Section 1. Grounds. — Any candidate who, in an
purpose, at least three (3) days prior to any election, the action or protest in which he is a party, is declared by final
Clerk of the Commission shall prepare a list of pending decision of a competent court, guilty of, or found by the
cases and furnish all Commissioners copies of the said list. Commission to be suffering from any disqualification
provided by law or the Constitution.
A Decision or Resolution is deemed final and
executory if, in case of a Division ruling, no motion for A Petition to Disqualify a Candidate invoking grounds
reconsideration is filed within the reglementary period, or for a Petition to Deny to or Cancel a Certificate of
in cases of rulings of the Commission En Banc, no Candidacy or Petition to Declare a Candidate as a
restraining order is issued by the Supreme Court within Nuisance Candidate, or a combination thereof, shall be
five (5) days from receipt of the decision or resolution. summarily dismissed.
Section 9. Effect of Granting of Petition. — In the Section 2. Who May File Petition for Disqualification.
event a Petition to Deny Due Course to or Cancel a — Any registered voter or any duly registered political
Certificate of Candidacy is granted by final judgment as party, organization or coalition of political parties may file
defined in the immediately preceding section, the votes a verified Petition to disqualify a candidate.
cast for the candidate whose certificate of candidacy has Section 3. Period to File Petition. — The Petition shall
been cancelled or denied due course shall be deemed as be filed any day after the last day for filing of certificates
stray votes. of candidacy, but not later than the date of proclamation.
(as amended by COMELEC Resolution No. 9523) Section 4. Applicability of Rule 23. — Except in motu
proprio cases, Sections 3, 4, 5, 6, 7, and 8 of Rule 23 shall
apply in proceedings to disqualify a candidate.


Section 5. Effect of Petition if Unresolved Before notice of hearing, any interested party may file an
Completion of Canvass. — If a Petition for opposition with the Law Department of the Commission.
Disqualification is unresolved by final judgment on the Section 6. Summary Proceeding. — The hearing of
day of elections, the petitioner may file a motion with the the case shall be summary in nature.
Division or Commission En Banc where the case is
pending, to suspend the proclamation of the candidate Section 7. Delegation of Reception of Evidence. —
concerned, provided that the evidence for the grounds to The Commission may designate any of its officials who
disqualify is strong. For this purpose, at least three (3) are members of the Philippine Bar to hear the case and
days prior to any election, the Clerk of the Commission to receive evidence.
shall prepare a list of pending cases and furnish all Section 8. Determination of Cessation of Cause. —
Commissioners copies of said the list. The determination of the cessation of the cause of the
In the event that a candidate with an existing and postponement or suspension of election or failure of
pending Petition to disqualify is proclaimed winner, the election falls within the exclusive prerogative of the
Commission shall continue to resolve the said Petition. Commission.
Section 6. Effect of Granting of Petition. — In the
event a Petition to disqualify a candidate is granted by C. IN SPECIAL CASES
final judgment as defined under Section 8 of Rule 23 and
the disqualified candidate obtains the highest number of Rule 27 — Pre-Proclamation Controversies
votes, the candidate with the second highest number of
votes cannot be proclaimed and the rule of succession, if Section 1. Jurisdiction of the Commission in
allowed by law, shall be observed. In the event the rule of Pre-Proclamation Controversies. — The Commission has
succession is not allowed, a vacancy shall exist for such exclusive jurisdiction in pre-proclamation controversies
position. arising from national, regional or local election.
(as amended by COMELEC Resolution No. 9523) A pre-proclamation controversy may be raised by any
candidate or by any registered political party,
organization, or coalition of political parties before the
Rule 26 — Postponement or Suspension of Elections board of canvassers or directly with the Commission.
Section 1. Postponement of Election. — When for Section 2. Pre-Proclamation Controversies: How
any serious cause such as violence, terrorism, loss or Commenced. — Questions affecting the composition or
destruction of election paraphernalia or records, force proceedings of the Board of Canvassers or correction of
majeure, and other analogous causes of such nature that manifest errors may be initiated in the Board or directly
the holding of a free, orderly, honest, peaceful and with the Commission. However, matters raised under
credible election should become impossible in any Sections 233, 234, 235, and 236 of the Omnibus Election
political subdivision, the Commission, motu proprio, or Code in relation to the preparation, transmission, receipt,
upon a verified petition by any interested party, and after custody and appreciation of the election returns, and the
due notice and hearing whereby all interested parties are Certificate of Canvass shall be brought in the first
afforded equal opportunity to be heard, may postpone instance before the board of canvassers concerned only.
the election therein to a date which should be reasonably
close to the date of the election not held, suspended, or Section 3. Summary Hearing and Disposition of
which resulted in a failure of election, but not later than Pre-Proclamation Controversies. — All pre-proclamation
thirty (30) days after the cessation of the cause of such controversies shall be heard summarily after due notice
postponement or suspension of the election or failure to provided that pre-proclamation controversies on election
elect. returns or certificates of canvass shall, on the basis of the
records and evidence elevated to it by the board of
Section 2. Failure of Election. — If, on account of canvassers, be disposed of summarily by the Commission
force majeure, violence, terrorism, fraud or other en banc within seven (7) days from receipt thereof,
analogous causes the election in any precinct has not provided further, that said decision shall be executory
been held on the date fixed, or had been suspended after the lapse of seven (7) days from receipt thereof by
before the hour fixed by law for the closing of the voting, the boards of canvassers concerned except petitions filed
or after the voting and during the preparation and the Under Sec. 5 hereof which shall be immediately executory
transmission of the election returns or in the custody of upon receipt by the boards of canvassers concerned.
canvass thereof, such election results in a failure to elect,
and in any of such cases the failure or suspension of Section 4. Issues that May Be Raised in the
election would affect the result of the election, the Pre-Proclamation Controversies. — The following are the
Commission shall, on the basis of a verified petition by proper issues that may be raised in a pre-proclamation
any interested party and after due notice and hearing, call controversy:
for the holding or continuation of the election not held, (a) Illegal composition or proceedings of the board of
suspended or which resulted in a failure to elect on a date canvassers;
reasonably close to the date of the election not held,
suspended or which resulted in a failure to elect but not (b) The canvassed election returns, or the certificate
later than thirty (30) days after the cessation of the cause of canvass in appropriate cases, are incomplete, contain
of such postponement or suspension of the election or material defects, appear to be tampered with or falsified,
failure to elect. or contain discrepancies in the same returns or in other
authentic copies thereof;
Section 3. Motu Proprio Postponement. — When the
Commission acts motu proprio, notices of hearing must (c) The election returns or certificate of canvass were
be sent to all interested parties by the fastest means prepared under duress, threats, coercion, or intimidation,
available. or they are obviously manufactured or not authentic; and
Section 4. When Based Upon a Verified Petition. — (d) When substitute or fraudulent returns or
Unless a shorter period is deemed necessary by certificates of canvass in controverted polling places were
circumstances, within twenty-four (24) hours from the canvassed, the results of which materially affected the
filing of the petition, the Clerk of Court concerned shall standing of the aggrieved candidate or candidates.
forthwith serve notices to all interested parties, indicating (e) Correction of manifest errors.
therein the date of hearing, through the fastest means
Section 5. Pre-proclamation Controversies Which
available.
May Be Filed Directly With the Commission. — (a) The
Section 5. Time to File Opposition. — Unless a following pre-proclamation controversies may be filed
shorter period is deemed necessary by the directly with the Commission:
circumstances, within two (2) days from receipt of the


1) When the issue involves the illegal composition or Where it is clearly shown before proclamation that
proceedings of the board of canvassers as when a manifest errors were committed in the tabulation or
majority or all of the members do not hold legal tallying of election returns, or certificates of canvass,
appointments or are in fact usurpers; or when the during the canvassing as where (1) a copy of the election
canvassing has been a mere ceremony that was returns of one precinct or two or more copies of a
pre-determined and manipulated to result in nothing but certificate of canvass were tabulated more than once, (2)
a sham canvassing as where there was convergence of two copies of the election returns or certificate of canvass
circumstances of precipitate canvassing, terrorism, lack of were tabulated separately, (3) there was a mistake in the
sufficient notice to the members of the board of adding or copying of the figures into the certificate of
canvassers and disregard of manifest irregularities on the canvass or into the statement of votes by precinct, or (4)
face of the questioned returns or certificates of canvass in so-called election returns from non-existent precincts
appropriate cases; were included in the canvass, the board may motu
2) When the issue involves the correction of manifest proprio, or upon verified petition by any candidate,
errors in the tabulation or tallying of the results during political party, organization or coalition or political parties,
the canvassing as where (1) a copy of the election returns after due notice and hearing, correct the errors
or certificate of canvass was tabulated more than once, committed.
(2) two or more copies of the election returns of one (b) The order for correction must be made in writing
precinct, or two or more copies of certificate of canvass and must be promulgated.
were tabulated separately, (3) there has been a mistake in (c) Any candidate, political party, organization or
the copying of the figures into the statement of votes or coalition of political parties aggrieved by said order may
into the certificate of canvass, or (4) so-called returns appeal therefrom to the Commission within twenty-four
from non-existent precincts were included in the canvass, (24) hours from the promulgation.
and such errors could not have been discovered during
the canvassing despite the exercise of due diligence and (d) Once an appeal is made, the board of canvassers
proclamation of the winning candidates had already shall not proclaim the winning candidates, unless their
been made. votes are not affected by the appeal.
(b) If the petition involves the illegal composition or (e) The appeal must implead as respondents the
proceedings of the board under subparagraph (1) of Board of Canvassers concerned and all parties who may
paragraph (a) above, it must be filed immediately when be adversely affected thereby.
the board begins to act as such, or at the time of the (f) Upon receipt of the appeal, the Clerk of Court
appointment of the member whose capacity to sit as concerned shall forthwith issue summons, together with
such is objected to if it comes after the canvassing of the a copy of the appeal, to the respondents.
board, or immediately at the point where the
proceedings are or begin to be illegal. (g) The Clerk of Court concerned shall immediately
set the appeal for hearing.
If the petition is for correction, it must be filed not
later than five (5) days following the date of proclamation (h) The appeal shall be heard and decided by the
and most implead all candidates who may be adversely Commission en banc.
affected thereby. Section 8. Procedure Before the Board of
(c) Upon the docketing of such petition, the Clerk of Canvassers When Composition or Proceedings of Board
Court concerned shall forthwith issue summons, with a are Contested. — (a) When the composition or
copy of the petition, to the respondents. proceeding of the board of canvassers, are contested the
board of canvassers shall, within twenty-four (24) hours,
(d) The Clerk of Court concerned shall immediately make a ruling thereon with notice to the contestant who,
set the petition for hearing. if adversely affected, may appeal the matter to the
(e) The petition shall be heard and decided by the Commission within three (3) days after the ruling with
Commission en banc. proper notice to the board of canvassers. The Commission
en banc shall summarily decide the case within five (5)
(f) When the petition involves the composition or days from the filing thereof.
proceedings of the board, the board of canvassers shall
not commence, proceed or resume the canvass unless (b) Upon receipt of such appeal, the Clerk of Court
otherwise ordered by the Commission. concerned shall immediately set the case for hearing,
with due notice to the parties, by the Commission en
Section 6. Rights of Political Parties and Candidates banc.
Before the Board of Canvassers in Pre-Proclamation
Cases. — (a) Any registered political party, organization, or (c) During the pendency of the appeal, the board of
coalition of political parties, through their representatives, canvassers shall immediately suspend the canvass until
and any candidate, has the right to be present and to the Commission orders the continuation or resumption
counsel during the canvass of election returns, or thereof.
certificates of canvass in appropriate cases. Section 9. Procedure Before Board of Canvassers
Only one counsel may argue for each registered When Inclusion or Exclusion of Election Returns are
political party, organization, or coalition of political parties, Contested. — (a) Any candidate, registered political party,
or candidate. Counsel shall have the right to examine the organization or coalition or political parties contesting the
election returns or certificates of canvass being inclusion or exclusion in the canvass of any election
canvassed without touching them, make their returns on any of the grounds provided in Section 3 of
observations thereon, and file their challenges and this Rule or by law, shall present or submit their oral
objections thereto. objection to the Chairman of the Board of Canvassers,
stating the grounds therefor, at the time the contested
No dilatory action shall be allowed by the board of returns is opened or presented for inclusion or exclusion.
canvassers which may impose time limits for oral
argument. (b) The objections must be faithfully recorded, noted
and entered in the minutes of the canvassing indicating
(b) Any registered political party, organization, or therein the date and hour the objection was made.
coalition of political parties, through their representatives
and any candidate is entitled to obtain a copy of the (c) The board shall automatically defer the canvass of
Statement of Votes per precinct and a copy of the the contested returns, after recording separately the
certificate of canvass duly signed by all the members of results therein, and shall proceed to canvass the other
the board of canvassers. returns which are not contested.
Section 7. Correction of Errors in Tabulation or (d) Simultaneously with the oral objection, the
Tallying of Results by the Board of Canvassers. — (a) objecting party shall also enter his objection in the form
for written objections to be prescribed by the



Commission. Within twenty-four (24) hours from and data in the election returns and affix therein their initials:
after the presentation of such an objection, the objecting Provided, further, that if the votes omitted in the returns
party shall submit the evidence in support of the cannot be ascertained by other means except by
objections, which shall be attached to the form for written recounting the votes, the board of canvassers shall
objections. With the same period of twenty-four hours immediately make a report thereon to the Commission
after presentation of the objection, any party may file a and the latter, after satisfying itself that the identity and
written and verified opposition to the objection in the integrity of the ballot box have not been violated, shall
form also to be prescribed by the Commission, attaching order the board of election inspectors to open the ballot
thereto supporting evidence, if any. The Board shall not box, and, also after satisfying itself that the integrity of the
entertain any objection or opposition unless reduced to ballots therein has been duly preserved, order the board
writing in the prescribed forms. of election inspectors to count the votes for the
The evidence attached to the objection or opposition, candidates whose votes have been omitted with notice
submitted by the parties, shall be immediately and thereof to all candidates for the position involved and
formally admitted into the records of the Board by the thereafter complete the returns.
Chairman of the board of canvassers affixing his (l) When the board of canvassers determines that the
signature at the back of each and every page thereof. election returns submitted to it appear to be tampered
(e) Upon receipt of the evidence, the Board shall take with, altered or falsified after they have left the hands of
up the contested returns, consider the written objections the board of inspectors, or otherwise not authentic or
thereto and opposition, if any, and summarily and were prepared by the board of election inspectors under
immediately rule thereon. The Board shall enter its ruling duress, force, or intimidation, or prepared by persons
on the prescribed form and authenticate the same by the other than the members of the board of election
signature of its members. inspectors, the board of canvassers shall use the other
copies of said election returns, and if necessary, the copy
(f) Any party adversely affected by the ruling of the inside the ballot box which, upon prior authority of the
Board shall immediately inform the Board if he intends to Commission, may be retrieve. If the other copies of the
appeal said ruling. The Board shall enter said information returns are likewise tampered with, altered, falsified, not
in the Minutes of Canvass, set aside the returns and authentic, prepared under duress, force, intimidation, or
proceed to consider the other returns. prepared by persons other than the members of the
(g) After all the uncontested returns have been board of election inspectors, the board of canvassers shall
canvassed and the contested returns ruled upon by it, the immediately bring the matter to the attention of the
Board shall suspend the canvass. Within forty-eight (48) Commission. The Commission shall then, after giving
hours therefrom, any party adversely affected by the notice to all candidates concerned and after satisfying
ruling may file with the Board a written and verified itself that nothing in the ballot box indicates that its
Notice to Appeal; and within an inextendible period of identity and integrity have been violated, order the
five (5) days thereafter, an appeal may be taken to the opening of the ballot box and, likewise after satisfying
Commission. itself that the integrity of the ballots therein has been
duly preserved, shall order the board of inspectors
Immediately upon receipt of the Notice of Appeal, the concerned to recount the votes of the candidates
Board shall make an appropriate report to the affected and when proper, to prepare a new return which
Commission, elevating therewith the complete records shall then be used by the board of canvassers as basis of
and evidence submitted in the canvass, furnishing the the canvass.
parties with the copies of the report.
(m) In case it appears to the board of canvassers that
(h) On the basis of the records and evidence elevated there exists discrepancies in the other authentic copies of
to it by the Board, the Commission en banc shall decide the election returns from a precinct or discrepancies in
summarily the appeal within seven (7) days from the the votes of any candidate in words and figures in the
receipt of said records and evidence. Any appeal brought same returns, and in either case the difference affects the
before the Commission on the ruling of the Board, results of the election, the Commission, upon motion of
without the accomplished forms and the evidence the board of canvassers or any candidate affected and
appended thereto, shall be summarily dismissed. after due notice to all candidates concerned, shall
The decision of the Commission en banc shall be proceed summarily to determine whether the integrity of
executory after the lapse of seven (7) days from receipt the ballot box had been preserved, and once satisfied
thereof by the boards of canvassers concerned. thereof shall order the opening of the ballot box to
recount the votes cast in the precinct solely for the
(i) The board of canvassers shall not proclaim any purpose of determining the true result of the count of
candidate as winner unless authorized by the votes of the candidates concerned.
Commission in writing after the later shall have ruled on
the objections brought to it on appeal by the aggrieved (n) When the evidence submitted to the board of
party. Any proclamation in violation hereof shall be void canvassers indicate a failure of elections in a precinct or
ab initio, unless the contested returns will not adversely precincts and the number of registered voters therein
affect the uncontested results of the elections. would affect the final result of the election, the board of
canvassers shall bring the matter to the attention of the
(j) If in the course of the canvass the boards' copy of Commission. Until this issue is resolved the board of
the election returns is missing, the board shall, by canvassers shall suspend the proclamation of any
messenger or otherwise obtain such missing returns candidate.
from the board of election inspectors concerned, or if said
returns have been lost or destroyed, the board of Section 10. Appeals from Rulings of Board of
canvassers, upon prior authority of the Commission, may Canvassers. — (a) A party aggrieved by a ruling of the
use any of the authentic copies of said election returns or Board of Canvassers shall, within forty-eight hours from
a certified true copy of said election returns issued by the receipt of a copy of the ruling of the Board of Canvassers,
Commission. file with the Board a written and verified Notice of Appeal;
and within an inextendible period of five (5) days, he shall
(k) If it clearly appears that some requisites in form or file his appeal to the Commission.
data had been omitted in the election returns, the Board
of Canvassers shall call for all the members of the board Upon receipt of the appeal, the Commission en banc
of election inspectors concerned by the most expeditious shall immediately determine whether the issues related
means, for said board to effect the correction: provided therein are grounds proper for pre-proclamation
that in case the omission in the election return is that of controversy. If the issues raised are not among the
the name of any candidate and/or his corresponding grounds enumerated under Sec. 3 of this Rule, the same
votes, the board of canvassers shall require the board of shall be dismissed, otherwise it shall be raffled to any of
election inspectors concerned to complete the necessary the two (2) divisions of the Commission which shall


dispose of it summarily within three (3) days from the the facts with certainty and praying that judgment be
period of referral by the Commission en banc. rendered commanding the respondent immediately or at
(b) The appeal filed with the Commission shall be some other specified time to do the act required to be
docketed by the Clerk of Court concerned. done to protect the rights of the petitioner and to pay the
damages sustained by the petitioner by reason of the
(c) The answer/opposition shall be verified. acts complained of.
(d) The Division to which the case is assigned shall Section 4. Duty of Clerk of Court of the Commission.
immediately set the case for hearing. — Upon the filing of the petition, the Clerk of Court
(e) At the hearing, no new evidence shall be received, concerned shall calendar the case for en banc ex-parte
unless for good reasons shown, it is clearly and hearing of the Commission to determine if it is sufficient
convincingly established that the appellant was deprived in form and substance.
of due process by the board of canvassers. Section 5. Order to Answer. — If the Commission en
(f) If the appellant is allowed to present new evidence, banc shall determine that the petition is sufficient in form
oral testimonies may be dispensed with, and in lieu and substance, it shall issue an order requiring the
thereof, the parties may be required to submit their respondent to answer the petition within ten (10) days
position papers, together with affidavits, from receipt of a copy thereof. Such order shall be served
counter-affidavits, and other documentary evidence, after on the respondent in such manner as the Commission
which the case shall be deemed submitted for decision. may direct, together with a copy of the petition.
Section 11. Period Within Which Boards of Section 6. Proceedings After Answer. — Once an
Canvassers Must Complete Canvass. — Subject to answer is filed, or the time for its filing has expired, the
reasonable exceptions, board of canvassers must Commission may order the proceedings complained of to
complete their canvass within thirty-six (36) hours in cities be forthwith certified for review and shall hear the case,
not comprising at least one legislative district, and in and if after such hearing the Commission finds that the
municipalities; within forty-eight (48) hours in cities allegations are true, it shall render judgment for such
comprising one or more legislative district and within relief prayed as the petitioner is entitled to, with or
seventy-two (72) hours in the provinces. without costs, as justice requires.
Section 12. Submission of the Minutes of the
Rule 29 — Contempt
Proceedings of the Board. — Within 15 days from the
termination of canvass, the secretary of the board of Section 1. Direct Contempt Punished Summarily. —
canvassers shall submit to the Law Department of the A person guilty of misbehavior in the presence of or so
Commission on Elections in Manila by registered mail a near the Commission or any of its Divisions as to obstruct
certified copy of the minutes of the proceedings of the or interrupt the proceedings before it or them, including
board, together with its written rulings on objections to disrespect toward the Commission or Division, offensive
the composition or proceedings of the board of personalities toward others or refusal to be sworn or to
canvassers, to the inclusion or exclusion of election answer as a witness, or to subscribe to an affidavit or
returns or to correction of tabulation, and any evidence deposition when lawfully required to do so, may be
offered by the parties, and shall notify by telegram the summarily adjudged in direct contempt by the
said department of the date and the manner of Commission or any of its Division and punished by a fine
transmittal of the minutes. not exceeding two hundred (P200.00) pesos or
imprisonment not exceeding ten (10) days, or both, at the
D. SPECIAL RELIEFS discretion of the Commission or Division.
Section 2. Indirect Contempt. — After charge in
Rule 28 — Certiorari, Prohibition and Mandamus writing has been filed with the Commission or Division, as
the case may be, and an opportunity given to the
Sec. 1. When Available. — In aid of its appellate respondent to be heard by himself or counsel, a person
jurisdiction in election cases before courts of general guilty of the following acts may be punished for indirect
jurisdiction relating to the elections, returns and contempt:
qualifications of elective Municipal officials, and before
courts of limited jurisdiction in cases relating to the (a) Misbehavior of the responsible officer of the
elections, returns and qualifications of elective barangay Commission in the performance of his official duties or in
officials, the Commission en banc may hear and decide his official transactions;
petitions for certiorari, prohibition or mandamus. (b) Disobedience of or resistance to a lawful writ,
Section 2. Petition for Certiorari or Prohibition. — process, order, judgment or command of the
When any court or judge hearing election cases has Commission or any of its Divisions, or injunction or
acted without or in excess of its or his jurisdiction or with restraining order granted by it;
grave abuse of discretion and there is no appeal, nor any (c) Any abuse of or any unlawful interference with the
plain, speedy, and adequate remedy in the ordinary process or proceedings of the Commission or any of its
course of law, a person aggrieved thereby may file a Divisions not constituting direct contempt under Section
petition for certiorari or prohibition with the Commission 1 of this Rules;
alleging the facts with certainty and praying that
(d) Any improper conduct tending, directly or
judgment be rendered annulling or modifying the
indirectly, to impede, obstruct, or degrade the
proceedings, as the law requires, of such court or judge,
administration of justice by the Commission or any of its
or commanding it or him to desist from further
Divisions;
proceeding with the action or matter specified therein, as
the case may be. (e) Assuming to be an attorney and acting as such
without authority; and
The petition shall be accompanied by a certified true
copy of the judgment or order subject thereof, together (f) Failure to obey a subpoena duly served.
with all pleadings and documents relevant and pertinent Section 3. Penalty for Indirect Contempt. — If
thereto. adjudged guilt, the accused may be punished by a fine
Section 3. Petition for Mandamus. — When a court not exceeding one thousand (P1,000.00) pesos or
or judge in an election case unlawfully neglects the imprisonment for not more than six (6) months, or both,
performance of an act which the law specifically enjoins at the discretion of the Commission or Division.
as a duty resulting from his office in relation to such case Section 4. Warrant of Arrest on a Witness Who Fails
and there is no other plain, speedy and adequate remedy to Attend. — Any provision of these Rules to the contrary
in the ordinary course of law, the person aggrieved notwithstanding, in case of failure of a witness to attend
thereby may file a petition with the Commission alleging despite the issuance of a valid subpoena, the Commission



or any of its Divisions, upon proof of service of the Section 2. Petition to Annul. — Any voter, election
subpoena to said witness, may issue a warrant of arrest registrar, or duly registered political party, organization or
against said witness and direct that he be brought before coalition of political parties may file with the Law
the Commission or any of its Divisions where his Department of the Commission a petition to annul a
attendance is required. permanent list of voters.
Section 3. Notice of Hearing. — Within three days
E. PROVISIONAL REMEDIES from the filing of the petition, the Clerk of Court
concerned shall make a report of the petition of the
Rule 30 — Injunction Commission which shall determine either to give it due
course or to deny the same. If the Commission shall
Section 1. Preliminary Injunction. — The Commission decide to give it due course, an Order to that effect, fixing
or any of its Divisions may grant preliminary injunction in the date of hearing, shall be published in a newspaper of
any ordinary action, special action, special case, or special general circulation in the province or city concerned once
relief pending before it. a week for two consecutive weeks, the last of which shall
Section 2. Grounds for Issuance of Preliminary not be less than ten days prior to the date of hearing.
Injunction. — A preliminary injunction may be granted at Copies of the order shall likewise be furnished to all
any time after the commencement of an action or registered political parties, organization or coalition or
proceeding and before judgment when it is established political parties in the province or city concerned.
that: Expenses for the publication and notices shall be borne
by the petitioner, which as preliminary estimated, shall be
(a) The petitioner or protestant is entitled to the relief deposited with the Commission. If the petitioner is an
demanded and the whole or part of such relief consists in Election Registrar the expenses for publication shall be
restraining the commission or continuance of the acts borne by the Commission.
complained of, or in the performance of an act or acts,
either for a limited period or perpetually; asia dc Section 4. Time to File Opposition. — On or before
the date set for the hearing, any interested party may file
(b) The commission or continuance of some act a verified opposition to the petition.
complained of during the pendency of the action or the
non-performance thereof would work injustice to the Section 5. Summary Proceedings. — The petition
petitioner or protestant; may be heard summarily.
(c) The respondent or protestee is doing, threatens, or Section 6. Delegation of Hearing and Reception of
is about to do, or is procuring to be done, some act in Evidence. — The hearing and reception of evidence may
violation of petitioner's/protestant's rights respecting the be delegated by the Commission to any of its officials
subject of the action, and tending to render the who are members of the Philippine Bar.
judgment ineffectual. Section 7. Prohibition of Execution of Decision. —
Section 3. Grant of Injunction Discretionary. — The Any provision of these Rules to the contrary
grant of the preliminary injunction is entirely left to the notwithstanding, a decision to annul a book of voters
sound discretion of the Commission or its Divisions. shall not be executed within sixty (60) days before an
election.
Section 4. Bond for Preliminary Injunction. — No
writ of preliminary injunction shall be issued unless the
applicant shall file a bond, in an amount to be fixed by Rule 32 — Registration of Political Parties or Organization
the Commission or the Division concerned, to the effect Section 1. Petition for Registration. — Any political
that the petitioner/protestant will pay to such party all party, organization or coalition of political parties seeking
damages which the latter may sustain by reason of the registration pursuant to Section 2 (5), Subdivision C of
injunction if the Commission or the Division concerned Article IX of the Constitution shall file with the Law
shall finally decide that the petitioner/protestant was not Department of the Commission a petition duly verified by
entitled thereto. its President and Secretary -General, or any official duly
Section 5. Preliminary Injunction Not Granted authorized to do so under its Constitution and By-laws;
Without Notice; Issuance of Restraining Order. — No Section 2. Contents of Petition. — The petition for
preliminary injunction shall be granted without notice to registration shall state the following:
the adverse party. If it shall appear from the facts shown
(1) Full name of the political party, organization or
by affidavits or the verified petition that great or
coalition of political parties;
irreparable injury would result to the applicant before the
matter can be heard on notice, the Commission or any (2) The principal headquarters and post office address
Division to which the application for preliminary for election purposes, including its branches and
injunction was made, may issue a restraining order to be divisions, if any;
effective only for a period of twenty (20) days from date of (3) The date and place of its organization;
its issuance. Within the said twenty-day period, the
Commission or the Division as the case may be, must (4) The date and manner of election or selection of its
cause an order to be served on the respondent requiring officers;
him to show cause, at a specified time and place, why the (5) The names and addresses of its organizers and
injunction should not be granted, and determine within officers, Executive Committee members, Directorate, or
the same period whether or not the preliminary Party Convention delegates, if any;
injunction shall be granted and shall accordingly issue
the corresponding order. In the event that the application (6) The extent of its constituency;
for preliminary injunction is denied, the restraining order (7) Its program of government;
is deemed automatically vacated.
(8) That it is not a religious sect or denomination;
(9) That it shall not pursue its goals through violence
F. SPECIAL PROCEEDINGS or other unlawful means;
Rule 31 — Annulment of Permanent List of Voters (10) That it shall uphold and adhere to the
Constitution and shall obey all laws and legal orders
Section 1. Grounds. — Any book of voters not promulgated by duly constituted authorities;
prepared in accordance with the provisions of law, or the
preparation of which has been effected with fraud, (11) That it is not supported by, nor does it accept
bribery, forgery, impersonation, intimidation, force, or any financial contribution from any foreign government or
other similar irregularity, or which list is statistically their agencies; and
improbable, may be annulled by the Commission.


(12) Other information that may be material and President, Chairman of the Board of Directors, or any of its
relevant to the petition. duly authorized officer.
Section 3. Other Requirements. — The petitioner Section 3. Contents of the Petition. — The petition
shall attach to the petition for registration ten (10) copies shall state the following:
of its constitution and by-laws, party platform, (a) The constituency to which petitioner seeks
organizational papers, declarations of political creed or accreditation;
code of political ethics and such other documents of
similar or equivalent character. (b) That it is not supporting any candidate, political
party, organization or coalition of political parties, in the
Section 4. Verification. — Before taking action on the constituency where it seeks accreditation;
petition, the Commission shall first verify, through its filed
offices, the status and capacity of the petitioner and the (c) Nature of its membership (whether civic, youth
veracity of the allegations in the petition and its etc.); names of its officers or organizers, location of
enclosures. Not later than fifteen (15) days from notice of principal office or place of business and an assurance of
the Commission's instruction, the field office concerned its capability to undertake a coordinated operation and
shall submit its written report, in ten (10) copies, together activity to assist the Commission;
with supporting documents or records, if any. (d) That it shall submit itself to the direct and
Section 5. Notice of Hearing. — Upon receipt of the immediate control and supervision and comply with the
reports from its field offices, the Commission shall orders of the Commission in the performance of its
immediately set the petition for hearing and shall send specific functions and activities provided by law, and such
notices to the petitioner and other parties concerned. other functions and activities provided by law, and such
other functions and activities which the Commission may
Section 6. Publication of Petition and notice of assign;
Hearing. — On the day following the receipt of the notice
of hearing, the petitioner shall cause the publication of (e) That it shall strictly remain non-partisan and
the petition, together with the notice of hearing, in three impartial during the registration and election periods;
(3) daily newspaper of general circulation, notifying in (f) That it is not supported by or under the influence
writing the Commission of such action. of any foreign government or any of its agencies or
Section 7. Certificate of Registration. — A certificate instrumentalities; or of any foreigner, whether natural or
of registration shall be issued by the Commission upon juridical person;
approval of the petition, which shall be displayed in the (g) That it shall not solicit or receive, directly or
main office and in all chapters of the petitioner. indirectly, any contribution or aid of whatever form or
Section 8. Cancellation of Registration. — Upon nature from any foreign government, or any of its
verified complaint of any interested party, or motu agencies or instrumentalities, or from any foreigner, a
proprio by the Commission, the registration of any natural or juridical person;
political party, coalition of political parties or organization (h) That it does not seek to achieve its objectives,
under the party-list system may be cancelled after due goals or programs through violence or other unlawful
notice and hearing on the following grounds: means, nor aim to propagate any ideology opposed to
a) Acceptance by the political party, coalition of the principles of a republican and democratic
political parties, or organizations or any of its candidates, government; and
of financial contributions from foreign governments (i) That it undertakes to police its ranks and prevent
and/or their agencies for activities related to elections; infiltration by persons or groups of persons who may,
b) Violation of laws, rules or regulations relating to directly or indirectly, destroy its character of
elections, plebiscites, referenda, or initiative; non-partisanship and impartially.
c) Untruthful statements in its petition for Section 4. Notice of Hearing. — Upon the filing of
registration; the petition, the Commission en banc shall immediately
set it for hearing. The Commission may, if it deems
d) The said political party, coalition of political parties necessary, order the publication of the petition in a
or organization has become a religious sect or newspaper of general circulation at the expense of the
denomination, is pursuing its goals thru violence or other petitioner.
unlawful means, is refusing to adhere to or uphold the
Constitution of the Philippines, or is receiving support Section 5. Opposition. — Any person, group,
from any foreign government, and association or organization, political party or coalition of
political parties possessing relevant information or
e) Failure to comply with applicable laws, rules or evidence against the petitioner may oppose its
regulations of the Commission. accreditation by filing a verified opposition.
f) Failure to field official candidates in the last two Notwithstanding the absence of any opposition, the
proceeding elections or failure of their candidates to Commission may motu proprio require the petitioner to
obtain at least five (5) per centum of the votes cast in the present evidence to support its petition.
last two preceding elections.
Section 6. Decision. — The decision of the
Rule 33 — Accreditation of Citizens' Arms of the Commission granting the petition may provide
conditions to be strictly complied with by the petitioner.
Commission
Section 7. Certificate of Accreditation. — If the
Section 1. Who May Be Accredited as Citizens' Arms decision is for the accreditation of the petitioner, the
of the Commission. — Any bona fide non partisan group, Commission shall issue a certificate of accreditation
association or organization from the civic, youth, containing the following:
professional, educational, business or labor sectors with
identifiable leadership, membership and structure, and (a) The name of the group or organization;
with demonstrated capacity to promote the public (b) The constituency to which it is accredited; and
interest and assist the Commission in the performance of
its functions and activities as mandated by the (c) The political exercise for which it is accredited.
Constitution and by law, may be accredited as citizens' Section 8. Submission of Names and Addresses of
arms of the Commission. Local Representatives. — After its accreditation, the
Section 2. Petition to be Accredited. — The group, petitioner shall submit to the Election Registrars in the
association or organization mentioned in Section 1 hereof constituency where it is accredited, the names and
may file a petition for accreditation duly verified by its addresses of its local representatives who shall act as


non-partisan watchers and substitute watchers therein a copy of the complaint and the supporting documents,
during the entire electoral exercise. and inform the latter of the action taken thereon.
Section 9. Appointment of Watchers by Election Section 5. Referral for Preliminary Investigation. — if
Registrars. — Unless the impartiality or non-partisanship the complaint is initiated motu proprio by the
of the members concerned is questioned in writing, the Commission, or is filed with the Commission by any
Election Registrar shall extend the corresponding aggrieved party, it shall be referred to the Law
appointments to such members as poll watchers stating Department for investigation. Upon direction of the
therein the precincts to which they are assigned. The Chairman of the Commission, the preliminary
members so appointed shall have the same duties, investigation may be delegated to any lawyer of said
functions, and rights as watchers of registered political Department, or to any of the Regional Election Directors
parties, organization or coalition of political parties. or Provincial Election Supervisors, or any lawyer of the
Section 10. Revocation of Accreditation. — The Commission .
accreditation of any group, association or organization as Section 6. Conduct of Preliminary Investigation. —
Citizens' Army may be revoked by the Commission after (a) If on the basis of the complaint, affidavits and the
notice and hearing, whenever it shows or acts with supporting evidence, the investigating officer finds no
partiality in any political issue or to any political party, ground to continue with the inquiry, he shall recommend
organization or coalition of political parties, or has the dismissal of the complaint and shall follow the
performed acts in excess of its duties and functions as procedure prescribed in Section 8(c) of this Rule.
provided by law, or has failed to comply with the Otherwise, he shall issue a subpoena to the respondent,
conditions imposed upon it in the decision granting attaching thereto a copy of the complaint, affidavits and
accreditation. other supporting documents giving said respondent ten
Section 11. Expiration of Accreditation. — The (10) days from receipt within which to submit
accreditation shall automatically lapse at the end of the counter-affidavits and other supporting documents. The
election period of the political exercise for which the respondent shall have the right to examine all other
petitioner was accredited as citizens' arm. evidence submitted by the complainant.
(b) Such counter-affidavits and other supporting
G. ELECTION OFFENSES evidence submitted by the respondent shall be furnished
by him to the complainant.
Rule 34 — Prosecution of Election Offenses (c) If the respondent cannot be subpoenaed, or if
subpoenaed, doe not submit counter-affidavits within
Section 1. Authority of the Commission to Prosecute the ten day period, the investigating officer shall base his
Election Offenses. — The Commission shall have the resolution on the evidence presented by the complainant.
exclusive power to conduct preliminary investigation of
all election offenses punishable under the election laws (d) If the investigating officer believes that there are
and to prosecute the same, except as may otherwise be matters to be clarified, he may set a hearing to propound
provided by law. clarificatory questions to the parties or their witnesses,
during which the parties shall be afforded an opportunity
Section 2. Continuing Delegation of Authority to to be present but without the right to examine or
Other Prosecution Arms of the Government. — The cross-examine. If the parties so desire, they may submit
Chief State Prosecutor, all Provincial and City Fiscals, questions to the investigating officer which the latter
and/or their respective assistants are hereby given may propound to the parties or witnesses concerned.
continuing authority, as deputies of the Commission, to
conduct preliminary investigation of complaints involving (e) Thereafter, the investigation shall be deemed
election offenses under the election laws which may be concluded, and the investigating officer shall resolve the
filed directly with them, or which may be indorsed to case within ten (10) days therefrom. Upon the evidence
them by the Commission or its duly authorized thus adduced, the investigating officer shall determine
representatives and to prosecute the same. Such whether or not there is sufficient ground to hold the
authority may be revoked or withdrawn any time by the respondent for trial.
Commission whenever in its judgment such revocation or Section 7. Presumption of Existence of Probable
withdrawal is necessary to protect the integrity of the Cause. — A complaint initiated motu propio by the
Commission, promote the common good, or when it Commission is presumed to be based on sufficient
believes that successful prosecution of the case can be probable cause and the investigating officer must
done by the Commission. forthwith issue the subpoena mentioned in the
Section 3. Initiation of Complaint. — Initiation of immediately preceding section.
complaint for election offenses may be done motu Section 8. Duty of Investigating Officer. — The
proprio by the Commission, or upon written complaint by preliminary investigation must be terminated within
any citizen of the Philippines, candidate, registered twenty (20) days after receipt of the counter-affidavits
political party, coalition of political parties or and other evidence of the respondents, and resolution
organizations under the partylist system or any thereof shall be made within five (5) days thereafter.
accredited citizens arms of the Commission.
(a) If the investigating officer finds no cause to hold
Section 4. Form of Complaint and Where to File. — the respondent for trial, he shall recommend dismissal of
(a) When not initiated motu proprio by the Commission, the complaint.
the complaint must be verified and supported by
(b) If the investigating officer finds cause to hold the
affidavits and/or any other evidence. Motu proprio
respondent for trial, he shall prepare the resolution, and
complaints may be signed by the Chairman of the
the corresponding information wherein he shall certify
Commission, or the Director of the Law Department upon
under oath that he has examined the complainant and
direction of the Chairman, and need not be verified;
his witnesses, that there is reasonable ground to believe
(b) The complaint shall be filed with the Law that a crime has been committed and that the accused
Department of the Commission; or with the offices of the was informed of the complaint and of the evidence
Election Registrars, Provincial Election Supervisors or submitted against him and that he was given an
Regional Election Directors, or the State Prosecutor, opportunity to submit controverting evidence.
Provincial Fiscal or City Fiscal. If filed with any of the latter
(c) In either case, the investigating officer shall, within
three (3) officials, investigation thereof may be delegated
five (5) days from the rendition of his recommendation,
to any of their assistants.
forward the records of the case to:
(c) If filed with the Regional Election Directors or
Provincial Election Supervisors, said officials shall
immediately furnish the Director of the Law Department



1) The Director of the Law Department of the Section 2. Filing of Election Contests. — A petition
Commission in cases investigated by any of the contesting the election of any municipal official shall be
Commission lawyers or filed personnel, and filed with the proper Regional Trial Court or mailed at the
2) The State Prosecutor, Provincial Fiscal or City Fiscal, post office as registered matter addressed to said Court,
as the case may be, pursuant to the continuing authority together with six (6) legible copies thereof, by any
provided for in Section 2 of this Rule. candidate for the same office who has duly filed a
certificate of candidacy and who was voted in the
Section 9. Duty of the Law Department, State election. Each contest shall refer exclusively to one office,
Prosecutor, Provincial or City Fiscal Upon Receipt of but contests for offices of the Sangguniang Bayan may
Records. — (a) Within ten (10) days from receipt of the be consolidated in one case.
records stated in paragraph (c) of the immediately
preceding section, the State Prosecutor, Provincial or City Section 3. Period to File Petition. — The petition shall
Fiscal shall take appropriate action thereon, immediately be filed within ten (10) days following the date of
informing the parties of said action. proclamation of the results of the election.
(b) In cases investigated by the lawyers or the field Section 4. Designation of Parties. — The party
personnel of the Commission, the Director of the Law bringing the action shall be designated as the Protestant,
Department shall review and evaluate the and the party against whom the action is brought shall
recommendation of said legal officer, prepare a report be designated as the Protestee.
and make a recommendation to the Commission Section 5. Duty of Clerk of Court to Issue Notice and
affirming, modifying or reversing the same shall be Serve Copy of Petition. — It shall be the duty of the Clerk
included in the agenda of the succeeding meeting en of Court of the trial court to serve notice and a copy of the
banc of the Commission. If the Commission approves the petition by means of summons upon each respondent
filing of an information in court against the respondent/s, within five (5) days after the filing thereof.
the Director of the Law Department shall prepare and Section 6. Petition to be Verified. — All petitions shall
sign the information for immediate filing with the be verified by the parties filing them or their attorneys.
appropriate court.
Any subsequent pleading based on facts which
(c) In all other cases, if the recommendation to ought to be proved shall likewise be verified.
dismiss or the resolution to file the case in court is
approved by State Prosecutor, Provincial or City Fiscal, Section 7. Answer, Reply, Counter-Protest and
they shall likewise approve the Information prepared and Protest in Intervention. — (a) Within five (5) days after
immediately cause its filing with the proper court. receipt of notice of the filing of the petition and a copy of
the petition, the respondent shall file his answer thereto
(d) If the recommendation to dismiss is reversed on specifying the nature of his defense, and serve a copy
the ground that a probable cause exists, the State thereof upon the protestant. The answer shall deal only
Prosecutor, or the Provincial or City Fiscal, may, by himself with the election in the precincts which are covered by
prepare and file the corresponding information against the allegations of the protest.
the respondent or direct any of his assistants to do so
without conducting another preliminary investigation. (b) Should the protestee desire to impugn the votes
received by the protestant in other precincts, he shall file
Section 10. Appeals from the Action of the State a counter-protest within the same period fixed for the
Prosecution, Provincial or City Fiscal. — Appeals from filing of the answer, serving a copy thereof upon the
the resolution of the State Prosecutor, or Provincial or City protestant by registered mail or by personal delivery. In
Fiscal on the recommendation or resolution of such a case, the counter-protest shall be verified.
investigating officers may be made only to the
Commission within ten (10) days from receipt of the (c) The protestant shall answer the counter-protest
resolution of said officials, provided, however that this within five (5) days after notice.
shall not divest the Commission of its power to motu (d) Within five (5) days from the filing of the protest,
proprio review, revise, modify or reverse the resolution of any other candidate for the same office may intervene in
the chief state prosecutor and/or provincial/city the case as other contestants and ask for affirmative relief
prosecutors. The decision of the Commission on said in his favor by a verified petition in intervention, which
appeals shall be immediately executory and final. shall be substantiated within the same proceeding. The
Section 11. Duty of State Prosecutor, Provincial or protestant or protestee shall answer the
City Fiscal to Render Reports. — The State Prosecutor, protest-in-intervention within five (5) days after notice.
Provincial or City Fiscal shall, within five (5) days from the (e) If no answer shall be filed to the protest,
rendition of their resolution on recommendation or counter-protest or protest-in-intervention within the time
resolution of investigating officers, make a written report limits respectively fixed, a general denial shall be deemed
thereof to the Commission. They shall likewise submit a to have been entered.
monthly report on the status of cases filed with and/or
prosecuted by them or any of their assistants pursuant to Section 8. Substantial and Formal Amendments of
the authority granted them under Section 2 of this Rule. Pleadings. — After the case is set for hearing, no
amendment to any pleading affecting the merits of the
Section 12. Private Prosecutor. — The appearance of controversy shall be allowed except by leave of Court and
a private prosecutor shall be allowed in cases where only upon such grounds as will serve public interest. But
private rights involving recovery of civil liability are such leave may be refused if it appears to the court that
involved. the motion to amend was made with intent to delay the
action. Any amendment in matters of from may be
PART VI PROVISIONS GOVERNING ELECTION permitted at any stage of the proceedings.
CONTESTS AND QUO WARRANTO CASES Section 9. Filing Fee. — No protest, counter-protest,
BEFORE TRIAL COURT or protest-in-intervention shall be given due course
without the payment of a filing fee in the amount of
three hundred pesos (P300.00) for each interest.
Rule 35 — Election Contests Before Courts of General
Each interest shall further pay the legal research fee
Jurisdiction. as required by law.
Section 1. Original Jurisdiction of Regional Trial If a claim for damages and attorney's fees are set
Courts. — Regional trial courts shall have exclusive forth in a protest, counter-protest or
original jurisdiction over contests relating to the elections, protest-in-intervention, an additional filing fee shall be
returns and qualifications involving elective municipal paid in accordance with the schedule provided for in the
officials. Rules of Court in the Philippines.


Section 10. Cash Deposit. — (a) In any protest, Section 16. Prohibited Access. — During the revision
counter-protest or protest-in-intervention not requiring of ballots no person other than the Judge, the Clerk of
ballot revision, the protestant, the counter-protestant, or Court, members of the committee on revision of ballots,
intervenor, as the case may be, shall upon the payment of the parties, their duly authorized representatives shall
the filing fee, make a cash deposit in the amount of five have access to the place where said revision is taking
hundred pesos (P500.00) which shall be applied to the place.
payment of all expenses incidental to such protest, Section 17. Decision on the Contest. — The Court
counter-protest or protest-in-intervention. When shall decide the election contest within thirty (30) days
circumstances so warrant, additional cash deposits may from the date it is submitted for decision, but in every
be required. Any unused balance thereof shall be case within six (6) months after its filing and shall declare
returned to the party making the deposit. who among the parties has been elected, or in a proper
(b) In case revision of ballots is required, there shall be case, the none of them has been legally elected. The
deposited, within ten days after being required by the party who in the judgment has been declared elected
Court, the sum of three hundred pesos (P300.00) for shall have the right to assume the office as soon as the
every ballot box for the consumption of revisors at the judgment becomes final.
rate of P100.00 each. In case the Court finds that the protestant, protestee
(c) Failure to make the cash deposits herein provided or intervenor shall have an equal or highest number of
within the prescribed time limit shall result in the votes, it shall order the drawing of lots by those who have
automatic dismissal of the protest, counter-protest or tied and shall proclaim as elected the party who may be
protest-in-intervention, as the case may be. favored by luck, and the party so proclaimed shall have
(d) In case the party who has paid the expenses and the right to assume office in the same manner as if he
costs wins, the court shall assess, levy and collect the had been elected by plurality vote.
same as costs from the losing party. Section 18. Damages and Attorney's Fees in
Section 11. Presentation and Reception of Evidence. Election Contests. — In all election contests, the court
— The presentation and reception of evidence in election may adjudicate damages and attorney's fee as it may
contests shall be made in accordance with Section 2 of deem just and as established by the evidence if the
Rule 17 of these Rules, but the same shall be completed aggrieved party has included such claims in his
within thirty (30) days from the date of the pleadings.
commencement thereof. Section 19. Promulgation and Finality of Decision. —
Section 12. Custody of Ballot Boxes, Election The decision of the Court shall be promulgated on a date
Documents and Paraphernalia. — Where allegations in set by it of which due notice must be given the parties. It
a protests, or counter-protest or protest-in-intervention so shall become final five (5) days after its promulgation. No
warrant, or whenever in the opinion of the Court the motion for reconsideration shall be entertained.
interest of justice so demands, it shall immediately order Section 20. Notice of Final Decision. — As soon as
the ballot boxes containing ballots and their keys, list of decision declaring the election of the winner becomes
voters with voting records, books of voters, and other final, notice thereof shall be sent to the Commission on
documents used in the election to be brought before it. Elections, the Department of Local Government and the
Said election documents and paraphernalia shall be kept Commission on Audit. If the decision be that none of the
and held secure in a place to be designated by the Court parties has been legally elected, the Clerk of Court shall
in the care and custody of the Clerk of Court. certify such decision to the President of the Philippines
Section 13. Revision of Ballots. — For the purpose of and to the Commission on Elections.
revision of ballots, the court shall appoint a committee Section 21. Appeal. — From any decision rendered by
composed of a chairman and two members, one the court the aggrieved party may appeal to the
member and his substitute to be proposed by the Commission on Elections within five (5) days after the
protestant, and the other member and his substitute by promulgation of the decision.
the protestee. Section 22. Preferential Disposition of Contests. —
The revision of the ballots by the Committee on The courts shall give preference to election contests over
revision shall be made in the office of the Clerk of Court or all other cases, except those of habeas corpus.
at such other place as may be designated by it, but in
every case under the Court's strict supervision. Rule 36 — Quo Warranto Case Before Courts of General
The revision of the ballots shall be completed within Jurisdiction
twenty (20) days from the date of the order, unless Section 1. Filing of Petition. — A voter contesting the
otherwise directed by the Court, subject to the time limits election of any municipal official on the ground of
prescribed under Sec. 11 and Sec. 17 of this Rule. ineligibility or disloyalty to the Republic of the Philippines
Section 14. Book of Voters as Evidence. — The book may file a petition for quo warranto with the appropriate
of voters shall be conclusive evidence in regard to the Regional Trial Court.
question as to who has the right to vote in said election. Section 2. Designation of Parties. — The party filing
Section 15. Report of the Committee on Revision. — the petition shall be referred to as the Petitioner and the
The committee on revision shall make a statement of the party against whom it is filed shall be known as the
condition in which the ballot boxes and their contents Respondent.
were found upon the opening of the same, classify the Section 3. Period Within Which to File the Petition.
ballots so examined, and set forth clearly any objection — The petition shall be filed within ten (10) days after the
that may have been offered to each ballot in the report to proclamation of the results of the election.
be submitted by it. Disputed ballots shall be numbered
consecutively for purposes of identification in the Section 4. Petition to be Verified. — The petition
presence and under the direction of the official shall be verified by the party filing it or by his attorney.
designated by the Court. After examination, the ballots Any subsequent pleading based on facts which ought to
and other election documents shall be returned to their be proved shall likewise be verified.
respective boxes, but disputed ballots shall be placed in a Section 5. Filing Fee. — No petition for quo warranto
separate envelope duly sealed and signed by the shall be given due course without the payment of a filing
members of the committee, after which said envelope fee in the amount of Three Hundred Pesos (P300.00) and
shall then be returned to the box. Thereafter, the boxes the legal research fee as required by law.
shall be locked. For purposes of making the report which
shall be submitted in twelve (12) legible copies, the form Section 6. Summons. — It shall be the duty of the
prescribed by the Commission shall be followed. Clerk of Court to serve notice and a copy of the petition


by means of summons upon each respondent within five Law Department or his duly authorized representative
(5) days after the filing of the petition. shall serve as the Clerk of Court of the Commission.
Section 7. Answer. — Within five (5) days from receipt (b) In ordinary Actions, and in Special Reliefs, the
of the notice and a copy of the petition, the respondent Director of the Electoral Contests Adjudication
shall file his verified answer to the petition. Department shall serve as the Clerk of Court of the
Section 8. Substantial and Formal Amendments of Commission.
Pleadings. — The provision of Section 8 of Rule 35 of Section 2. Duties of the Clerks of Court. — The Clerks
these Rules shall apply in respect to amendments of of Court of the Commission shall, subject to the
pleadings. supervision of the Chairman of the Commission, manage
Section 9. Immediate Hearing; Presentation and for the Commission the proper hearing and disposition of
Reception of Evidence. — Upon the joinder of issues, the all cases within their respective area of responsibility as
Clerk of Court shall immediately set the case for hearing. stated in Section 1 hereof. Each shall:
The presentation and reception of evidence shall be (a) Receive all pleadings and other documents
made in the manner prescribed in Section 2 Rule 17 of properly presented, endorsing on each such document
these Rules. the date when it was filed, and furnishing each Member a
copy thereof;
Section 10. Termination of Hearing. — The hearing
shall be completed within thirty (30) days from the date (b) Keep a judicial docket wherein shall be entered in
of the filing of the petition. chronological order the cases and the proceedings had
thereon;
Section 11. Decision. — The court shall decide the
case within thirty (30) days from the date it is submitted (c) Prepare the calendar of cases;
for decision, but in every case within six (6) months after (d) Attend sessions of the Commission and enter in a
its filing. minute book all proceedings therein;
Section 12. Promulgation and Finality of the (e) Issue under his signature and the office seal,
Decision. — The decision of the court shall be notices, orders and decisions which are to be given due
promulgated on a date set by it of which due notice must course, furnishing each Member copies thereof;
be given the parties. It shall become final five (5) days (f) Execute orders, resolutions, decisions and
after its promulgation. processes issued by the Commission;
No motion for reconsideration shall be entertained. (g) Keep a judgment book containing a copy of
Section 13. Notice of Final Decision. — As soon as a judgments rendered by the Commission in the order of
decision becomes final, notice thereof shall be sent to the their dates, and a book of entries of judgments
Commission on Elections, and the Department of Local containing at length in chronological order entries of all
Government. If the decision is adverse to the respondent, final judgments or orders of the Commission;
notice shall likewise be sent to the Commission on Audit. (h) Keep an account of the funds received and
Section 14. Appeal. — From any decision rendered by disbursed relative to the cases when so directed;
the court, the aggrieved party may appeal to the (i) Keep and secure all records, papers, files, exhibits,
Commission on Elections, without five (5) days after the the office seal and other public property committed to his
promulgation of the decision. charge;
Section 15. Preferential Disposition of Quo Warranto (j) Perform such other duties as are prescribed by law
Cases. — The courts shall give preference to quo warranto for clerks of superior courts; and
over all other cases, except those of habeas corpus.
(k) Keep such books and perform such duties as the
Commission may direct.
PART VII ELEVATION OF DECISIONS TO THE
Section 3. Deputy Clerks of Court. — (a) The Assistant
SUPREME COURT Director of the Law Department shall serve as Deputy
Clerk of Court in all cases where the Director of said
Rule 37 — Review of Decisions of the Commission Department acts as the Clerk of Court of the Commission.
Section 1. Petition for Certiorari; and Time to File. — (b) The Assistant Director of the Electoral Contests
Unless otherwise provided by law, or by any specific Adjudication Department shall serve as the Deputy Clerk
provisions in these Rules, any decision, order or ruling of of Court in all cases where the Director of said
the Commission may be brought to the Supreme Court Department acts as the Clerk of Court of the Commission.
on certiorari by the aggrieved party within thirty (30) days
Section 4. Duties of Deputy Clerks of Court. — The
from its promulgation.
Deputy Clerks of Court shall assist their respective Clerks
Section 2. Non-reviewable Decisions. — Decisions in of Court and shall perform such other duties and
appeals from courts of general or limited jurisdiction in functions as may be assigned to them by their respective
election cases relating to the elections, returns, and Clerks of Court.
qualifications of municipal and barangay officials are not
Section 5. Division Clerks of Courts. — Each Division
appealable.
shall have a Division Clerk of Court who must be a
Section 3. Decisions Final After Five Days. — ranking lawyer from either the Law Department or the
Decisions in pre-proclamation cases and petitions to deny Electoral Contests Adjudication Department and
due course to or cancel certificates of candidacy, to designated by the Commission upon the joint
declare a candidate as nuisance candidate or to disqualify recommendation of the Directors of said departments.
a candidate, and to postpone or suspend elections shall
Section 6. Duties of the Division Clerks of Court. — A
become final and executory after the lapse of five (5) days
Division Clerk of Court shall:
from their promulgation, unless restrained by the
Supreme Court. (a) Attend the hearings of sessions of his Division;
(b) Coordinate in the preparation of the calendar of
PART VIII GENERAL PROVISIONS cases;
(c) Call the cases in the calendar during sessions or
Rule 38 — Clerk of Court and Deputy Clerk of Court of the hearings;
Commission (d) Supervise the stenographers;
Section 1. Clerk of Court. — (a) In Special Actions, (e) Administer oaths to witnesses;
Special Cases and Special Proceedings, the Director of the



(f) Mark exhibits of the parties, indicating therein the following cash deposits shall be paid by the interested
date and affixing thereto his signature; party;
(g) Be responsible to the Clerk of Court of the (1) For each election contest ..... P1,000.00;
Commission for the safety and security of the records of (2) For each counter-protest or protest-in-intervention
cases and other documents entrusted to him during P1,000.00.
sessions or hearings; and
(c) In any protest, counter-protest or
(h) Perform such duties as may be assigned by the protest-in-intervention requiring ballot revision the
Presiding Commissioner or by the Clerk of Court following cash deposits shall be paid by the interested
concerned. party:
Section 7. Stenographers. — Every session or hearing (1) For each election contest ..... P5,000.00;
of the Commission, whether en banc or in Division, shall
be attended by at least two (2) competent stenographers. (2) For each counter-protest or protest-in-intervention
P5,000.00.
Section 8. Duties of Stenographers. — It shall be the
duty of the stenographers to: The cash deposits prescribed above shall be applied
to the payment of all expenses incidental to such protest,
(a) Record faithfully in stenographic notes the counter-protest or protest-in-intervention. When
proceedings during the session or hearing of the circumstances so demand, additional cash deposits may
Commission en banc or of the Division; be required. Any unused balance thereof shall be
(b) At the close of every hearing or session, to deliver returned to the protestant, counter-protestant or
immediately the stenographic notes he has taken to the protestant-intervenor, as the case may be.
Clerk of Court or Division Clerk of Court who shall initial all (d) In case of revision of ballots, there shall be
the pages thereof and who shall stamp the date of deposited the sum of P350.00 for every ballot box for the
receipt thereon, and when such notes are transcribed, the compensation of the revisors at the rate of P100.00 each
transcript shall likewise be delivered to the Clerk of Court and as reserve for expenses.
who shall initial each page thereof. It shall be the duty of
the Clerk of Court to demand that the stenographer (e) If a claim for damages and attorney's fees are set
comply with said task; forth in a protest, counter-protest or
protest-in-intervention, an additional filing fee shall be
(c) Transcribe the notes, upon demand of the paid at the rate of P300.00 for the first one hundred fifty
Commission or the Division, or by any of the parties, thousand pesos and P4.00 for every one thousand pesos
subject to the payment of the prescribed fees; and over the first P150.000.00
(d) Perform such other duties as the Commission may Section 2. Filing Fees in Special Actions and Special
prescribe. Proceedings. — (a) The petitioner in any Special Action or
Section 9. Security. — At any session or hearing of the Special Proceeding shall pay a filing fee of P500.00.
Commission or any of its Divisions, the Executive Director (b) In every such a case, a legal research fee of P10.00
thru the Assistant Director for Administration, shall pursuant to Sec. 4 of Republic Act No. 3870, as amended,
provide adequate security for and in the session hall and shall be paid.
its premises.
(c) In petition for registration of political parties,
Section 10. Support Staff. — The Commission or any organizations or coalition of political parties, there shall
of the Divisions may require other employees of the be paid an additional sum of P1,000.00 for the certificate
Commission to assist the Commission or the Divisions of registration.
during its session or hearing or in the performance of its
duties. They shall be under the supervision of the Clerk of Section 3. Appeal Fees. — The appellant in election
Court concerned. cases shall pay an appeal fee as follows:
(a) Election cases appealed from Regional Trial Courts
Rule 39 — Seal of the Commission P1,000.00.
Section 1. Custodian of the Seal. — The Secretary of (b) Election cases appealed from courts of limited
the Commission, the Director of the Law Department and jurisdiction .... P500.00.
the Director of the Electoral Contests Adjudication In every case, a legal research fee of P20.00 shall be
Department shall each keep a seal of the Commission. paid by the appellant in accordance with Sec. 4, Republic
Section 2. Use of the Seal. — The seal of the Act No. 3870, as amended.
Commission shall be affixed to all decisions, orders, Section 4. Where and When to Pay. — The fees
rulings or resolutions of the Commission or any of its prescribed in Sections 1, 2 and 3 hereof shall be paid to,
Divisions, certified copies of official records, and such and deposited with, the Cash Division of the Commission
other documents which the Commission may require to within a period to file the notice of appeal.
be sealed.
Section 5. Filing Fees in Special Cases. — (a) In
Rule 40 — Fees and Charges special Cases the petitioner shall pay a filing fee of
P500.00.
Section 1. Filing Fees for Election Contests and Quo
Warranto. — (a) The filing fees for election contests and (b) In such cases there shall be imposed an amount of
quo warranto cases and petitions for certiorari, P10.00 as legal research fee in accordance with Sec. 4,
prohibition or mandamus filed with the Commission are Republic Act No. 3870, as amended.
hereby prescribed as follows: (c) Cash Deposit — If in a Special Case a recount of
(1) Election protests and quo warranto cases P500.00 the ballots is required, the Commission or the Division to
for each interest; which the case is assigned, shall order the interested
party to make a cash deposit of P2,000.00 with the Cash
(2) Counter-protest or protest-in-intervention Division, Administrative Services Department of the
P500.00. Commission, within a period to be fixed in the order. This
Each interest mentioned above shall pay an amount shall be applied to all expenses incidental to the
additional amount of P10.00 as legal research fee in controversy. When circumstances so demand, additional
accordance with the provisions of Sec. 4, Republic Act No. cash deposits may be required.
3870, as amended by Presidential Decree No. 200 and Whenever applicable, the revisor's fees fixed on
Presidential Decree No. 1856. Section 1 (c) above shall be deposited with the Cash
(b) Cash deposits. — In any protest or counter-protest Division, Administrative Services Department of the
or protest-in-intervention not requiring ballot revision, the Commission by the party concerned.



Section 6. Legal and Administrative Fees, Service Section 11. Witness' Fees. — Witnesses in any action
Charges and Costs. — The legal fees, service charges and in the Commission shall be entitled to P20.00 per day and
costs prescribed herein are hereby authorized to be P1.00 for each kilometer of travel in going to the place of
charged and/or collected by the Commissioner for the hearing and coming from their homes within the
service, action or proceeding hereinafter mentioned. Philippines by the nearest route of usual travel, or in lieu
Section 7. Legal Fees. — The following legal fees shall of said mileage, actual travel expenses by the cheapest
be charged and collected: means of transportation.
(a) For furnishing certified transcripts of records of A witness shall not be allowed compensation for his
copies on any record, decision, ruling or entry of which attendance in more than one case or more than one side
any person is entitled to demand and receive a copy, per of the same case at the same time, but may elect in
page.... P5.00; which of several cases or on which side of a case, if
witness is summoned by both sides, to claim his
(b) For every certificate not on process, first ten (10) attendance. A person who is compelled to attend the
pages.... P50.00 succeeding, per page.... P1.00; hearing on other business of the Commission shall not be
(c) For every search of any record (per page) and paid as witness.
reading the same .... P10.00; Section 12. Costs. — Costs shall be allowed to the
(d) For every search of any record (per page) prevailing party as a matter of course, but the
pertaining to election cases and reading the same .... Commission shall have the power, for special reasons, to
P20.00 adjudge the either party shall pay the costs of an action,
or that the same be divided, as maybe equitable. No costs
(e) For copying (photo or xerox) of any list, document shall be allowed against the Republic of the Philippines
or record using machines of requesting parties, per unless otherwise provided by law.
page.... P0.50
Section 13. Costs in Action or Processing. — In an
(f) For filing of a motion for reconsideration on a action or proceeding before the Commission, the
decision, order or resolution.... P300.00 prevailing party may recover the following cost:
(g) For copying (xerox) of any list, document or (a) For his own attendance, and that of his attorney,
records, using the machines and materials of the down to and including final judgment, one hundred peso
Commission, per page.... P1.50 (P100.00);
(h) For every issuance of a duplicate voter's (b) All lawful fees charged against him by the
identification card. ..... P10.00 Commission, in entering and docketing the action and
The fees and charges prescribed herein shall be recording the proceedings and judgment therein and for
reduced by fifty percent (50%) if the purpose of the the issuing of all processes;
request is for academic research work. (c) If testimony is received in the Commission, not
The department/office which is the legal custodian of taken in another court and transmitted thereto, the
the document/record requested shall be responsible for prevailing party shall be allowed the same costs for
the copying (xeroxing) thereof and shall certify that it is a witness fees, depositions, and process and service thereof
copy of the official records of the Commission, and shall as he would have been allowed for such items had the
affix thereto the seal of the Commission. testimony been introduced in the lower courts; and
No certified copy of any official record of the (d) The lawful fees of a commissioner in any action
Commission shall be issued without the payment of the may also be taxed against the defeated party, or
corresponding fees. apportioned as justice requires.
Section 8. Where Fees are to be Paid. — The fees Section 14. When Action or Appeal Dismissed. — If
herein before provided shall be paid by the party an action or an appeal is dismissed for want of jurisdiction
concerned to the Cash Division, Administrative Service or otherwise, the Commission nevertheless shall have the
Department of the Commission, at the time of request or power to render judgment for costs, as justice may
demand. If the fees are not paid, the Commission may require.
refuse to take action thereon until they are paid. Section 15. Costs When Action or Appeal Frivolous.
Section 9. Fees for Bailiffs, Sheriffs, and Other — When an action or an appeal is found to be frivolous,
Persons Serving Process. — (a) For executing any process double or treble costs may be imposed on the petitioner
of the Commission, for each kilometer of travel in the or appellant, which shall be paid by his attorney, if so
service of process, reckoned from the place of service to ordered by the Commission.
the place to which the process is returnable, P1.00, but if Section 16. Attorney's Fees as Costs. — No Attorney's
the process is executed by a municipal deputy sheriff fees shall be taxed as costs against the adverse party,
residing in the municipality where the party served is except as provided by the Civil Code. But this section shall
residing such officer shall receive the fees for the service have no relation to the fees to be charged by an attorney
of process without kilometrage, provided that the party as against his client.
requiring the process shall deposit with the Commission
at the time of request the estimated cost of expenses for Section 17. Costs When Witness Fails to Appear. — If
kilometrage and per diems to be incurred by the Sheriff a witness fails to appear at the time and place specified in
but more than P1,000.00. the subpoena issued by the Commission, the costs of the
warrant of arrest of the witness shall be paid by the
(b) For serving summons and a copy of petition witness if the Commission shall determine that his failure
furnished by the petitioner for each respondent, P20.00 to answer the subpoena was willful or without just
but when the respondents reside at the same place, the excuse.
fee shall be P10.00 for each respondent; and
Section 18. Non-payment of Prescribed Fees. — If
(c) For serving subpoenas, for each witness served, the fees above prescribed are not paid, the Commission
P5.00 besides travel fees. may refuse to take action thereon until they are paid and
Section 10. Fees for Stenographers. — Stenographers may dismiss the action or the proceeding.
shall give certified transcript of notes taken by them to Section 19. Government Exempt. — The Republic of
every person requesting the same upon payment of (a) the Philippines is exempt from paying the legal fees
P2.00 for each page of not less than two hundred and provided in this resolution.
fifty words before the case is brought to the Supreme
Court on certiorari, and (b) P1.00 for the same page, Section 20. Collection and Remittances of Legal
thereafter. Research Fee. — The amount collected as legal research
fee shall be receipted for as "Legal Research Fund" and


shall be immediately remitted to the University of the or in a suppletory character, and whenever necessary,
Philippines. practicable, and convenient.
Section 4. Suspension of the Rules. — In the interest
PART IX CONCLUDING PROVISIONS of justice and in order to obtain speedy disposition of all
matters pending before it, these Rules or any portion
Rule 41 — Supplementary Rules thereof, may be suspended by the COMELEC.
Section 1. The Rules of Court. — In the absence of any Rule 2 Definition of Terms

applicable provisions in these Rules, the pertinent
provisions of the Rules of Court in the Philippines shall be Section 1. Meaning of Words. — Whenever used in
applicable by analogy or in suppletory character and these Rules, the following words or terms shall mean:
effect. a) Commission shall refer either to the Commission
en banc or to any of its two Divisions, unless otherwise
Rule 42 — Repealing Clause and Effectivity indicated.
Section 1. Repealing Clause. — All resolutions, rules, b) Automated Election System or AES refers to an
regulations or circulars of the Commission or parts election system using appropriate technology, in voting,
thereof which are inconsistent with any provision of these counting, consolidating, canvassing, transmission of
Rules are hereby deemed repealed or modified election results, and other electoral processes.
accordingly.
c) Precinct shall refer to the unit or territory for the
Section 2. Transitory Provision. — These rules shall purpose of voting. For purposes of AES, it pertains to
govern all cases brought after they take effect and also clustered precincts;
further proceedings in cases than pending, except to the
d) Official ballot refers to the paper ballot with the
extent that in the opinion of the Commission or the court
pre-printed names of all candidates and with ovals
in appropriate cases, an application would not be feasible
corresponding to each of the names printed. The ovals
or would work injustice, in which event the former
are the spaces where voters express their choice through
procedure shall apply.
marking or shading using a marking pen.
Section 3. Separability Clause. — If any part of these
e) Picture Image of the Ballot refers to the image of
Rules is declared unconstitutional, the remaining part not
the ballot captured by the PCOS machine at the time the
affected thereby shall remain valid and effective.
voter feeds his/her ballots, which image is later stored in a
Section 4. Effectivity. — These Rules shall be memory or removable data storage device attached to
published in the Official Gazette or in two (2) daily the PCOS machines.
newspapers of general circulation and shall take effect on
f) Election Returns refers to the document showing
the seventh day following its publication.
the data of the election, the province, city, municipality
Approved: February 15, 1993 and the precinct in which it is held, and the votes in
figures for each candidate in a precinct or clustered
precincts.
The Comelec Rules of Procedure on g) Electronic Election Returns refers to the copy of
the election return in electronic form generated by the
Disputes in an Automated Election PCOS machine that is electronically transmitted to the
System Municipal or City Board of Canvassers for the official
canvass, to the COMELEC Back-Up Server, and to the
Server for the dominant majority and dominant minority
parties, the citizens' arm authorized by the COMELEC to
IN RE: COMELEC RULES OF PROCEDURE ON
conduct a parallel count, and the Kapisanan ng mga
DISPUTES IN AN AUTOMATED ELECTION SYSTEM IN
Brodkasters sa Pilipinas or KBP;
CONNECTION WITH THE MAY 10, 2010 ELECTIONS
h) Printed Election Returns refers to the copy of the
RESOLUTION No. 8804 March 22, 2010
election returns printed by the PCOS machine on a paper,
As amended by: and authenticated by the manual signatures and
COMELEC Resolution No. 9164, Mar 16, 2011, thumbmarks of the members of the Board of Election
Inspectors (BEI).
COMELEC Resolution No. 9720, June 20, 2013
i) Electronic Transmission refers to the act of
conveying data in electronic form from one location to
PART I INTRODUCTORY PROVISIONS the other.
j) Canvass Proceedings refers to the proceedings that
Rule 1 Preliminary Provisions involve the consolidation of precinct election results at
Section 1. Title of the Rules. — These rules shall be the municipal, city of district level; district election results
known and called as The Comelec Rules of Procedure on at the municipal or city level; municipal or city election
Disputes in an Automated Election System. results at the provincial level; and provincial election
results at the national level, be it the COMELEC or
Section 2. Applicability. — These rules shall apply to Congress. It also include the formal proclamation of the
election disputes under the Automated Election System election winners at the various canvass levels.
(AES) using the Precinct Count Optical Scan (PCOS) and
shall cover pre-proclamation controversies and election k) Consolidation Machine refers to the machine used
protests. at the canvass proceedings to consolidate precinct
results, municipal and city results, provincial results, as
Section 3. — Objective. — The objective of these the case may be, for purposes of getting the total votes of
Rules is to afford accessible and effective remedy to all candidates at a particular canvass level.
address complaints on the conduct of elections relative to
the use of PCOS AES in order to make the election l) Statement of Votes by Precinct, Municipality, City,
process credible and the results thereof acceptable to the District, Province, or Overseas Absentee Voting (OAV)
people. Station refers to a document in electronic and in printed
form generated by the canvassing or consolidating
Section 3. Application of the Rules of Court and machines or computers during the canvass proceedings.
other related rules. — The Commission on Elections This document records the votes obtained by candidates
(COMELEC) Rules of Procedure, the Rules of Court, and in each precinct, municipality, city, district, province, or
the Rules on Electronic Evidence shall apply by analogy, OAV Station, as the case may be.


m) City/municipal/district/provincial certificate of Section 3. Rights of Political Parties and Candidates
canvass refers to a document in electronic and in printed Before the Board of Canvassers in Pre-Proclamation
form containing the total votes in figures obtained by Cases. -
each candidates in a city/municipality/district/province, as a) All registered political parties, organizations, or
the case may be, the electronic form of which is the coalitions of political parties, and accredited citizens'
official canvass result in the aforementioned jurisdictions arms, and candidates, have the right to be present and to
and is the one electronically transmitted to a higher be represented by counsel during the canvass of election
canvass level. returns, or certificates of canvass.
n) Certificate of Canvass and Proclamation refers to b) Only one counsel may argue for each registered
the official document in printed form that contains the political party, organization, or coalition of political parties,
name of all candidates who obtain the higher number of accredited citizens' arm or candidate.
votes in a particular constituency and certifies to said
candidates' proclamation as winners c) No dilatory action shall be allowed by the BOC. It
may impose time limits for oral arguments.
o) Data Storage Device refers to the device where
electronic documents are stored and from which said d) All registered political parties, organizations, or
data may be obtained when necessary to verify the coalitions of political parties, and candidates, are entitled
accuracy and correctness of election data. It includes the to obtain a copy of the Statement of Votes per precinct
back-up storage device in which authentic electronic and a copy of the certificate of canvass duly
copies of said data are also stored. authenticated by the BOC.
p) Audit Log refers to the document that contains the
list of all activities performed by the PCOS machines from Rule 4 Illegal Composition or Proceedings of the Board of
the time that it was powered-on, until the time when Canvassers
closed. Section 1. Illegal Composition of the Board of
q) Electronic document refers to information or the Canvassers. — There is illegal composition of the BOC
representation of information, data, figures, symbols or when, among other similar circumstances, any of the
other modes of written expression, described or however members do not possess legal qualifications and
represented, by which a fact may be proved and affirmed, appointments. The information technology capable
which is received, recorded, transmitted, stored person required to assist the BOC by Republic Act No.
processed, retrieve or produced electronically. It includes 9369 shall be included as among those whose lack of
digitally signed documents and any print-out or output, qualifications may be questioned.
readable by sight or other means, which accurately Section 2. Illegal Proceedings of the Board of
reflects the electronic document. Canvassers. — There is illegal proceedings of the BOC
For purposes of these Rules, electronic documents when the canvassing is a sham or mere ceremony, the
refer to either the picture image of the ballots and results of which are pre-determined and manipulated as
electronic copies of the election returns, of statements of when any of the following circumstances are present:
votes, of certificates of canvass, and or the other a) precipitate canvassing;
electronic data relative to the processing done by the
PCOS machines and the various consolidation machines. b) terrorism;
c) lack of sufficient notice to the members of the
PART II PRE-PROCLAMATION CONTROVERSIES BOC's;
d) Improper venue
Rule 3 Coverage of Pre-Proclamation Controversies Section 3. Where and How Commenced. —
Section 1. Pre-Proclamation Controversy. — A Questions affecting the composition or proceedings of
pre-proclamation controversy refers to the proceedings of the BOC may be initiated in the BOC or directly with the
the board of canvassers which may be raised by any Commission, with a verified petition, clearly stating the
candidates or by any registered political party or coalition specific ground/s for the illegality of the composition
of political parties, or by any accredited and participating and/or proceedings of the board.
party list group, before the board or directly with the Section 4. When to File Petition. — The petition
Commission. It covers only two issues: questioning the illegality, or the composition and/or
a. Illegal composition of the Board of Canvassers proceedings of the BOC shall be filed immediately when
(BOC); the BOC begins to act as such is objected to, if it comes
after the canvassing of the Board, or immediately when
b. Illegal proceedings of the BOC. the proceedings become illegal.
The basis of the canvass shall be electronically a) In case the petition is filed before the BOC:
transmitted results.
a.1) Upon receipt of the verified petition, the BOC shall
Section 2. Jurisdiction of the Commission in immediately announce the fact of the filing of said
Pre-Proclamation Controversies. — COMELEC has petition and the ground/s raised therein.
exclusive jurisdiction in pre-proclamation controversies
arising from national, regional or local elections. a.2) The BOC shall immediately deliberate on the
petition, and within a period of twenty-four (24) hours,
A pre-proclamation controversy may be raised by any make a prompt resolution thereon, which resolution shall
candidate or by any registered political party, be reduced into writing.
organization, or coalition of political parties before the
BOC, or directly with the Commission. a.3) Should the BOC decide in favor of the petition, it
shall immediately inform the Commission of its
Issues affecting the composition or proceedings of resolution. Thereafter, the Commission shall make the
the Boards may be initiated by filing a verified petition appropriate action thereon.
before the Board or directly with the Commission.
a.4) In no case shall the receipt by the BOC of the
If the petition is filed directly with the Board, its electronically transmitted precinct, municipal, city, or
decision may be appealed to the Commission within provincial results, be suspended by the filing of said
three (3) days from issuance thereof. However, if petition.
commenced directly with the Commission, the verified
petition shall be filed immediately when the board a.5) The petitioner may appeal an adverse resolution
begins to act illegally, or at the time of the appointment by the BOC to the COMELEC, by notifying the BOC of his
of the member of the board whose capacity to sit as such or her intent to appeal, through a verbal, and a written
is objected to. and verified Notice of Appeal. The notice on the BOC shall


not suspend the formal proclamation of the official Commission within a non extendible period of ten (10)
results of the election, until the final resolution of the days following the date of proclamation. The protest or
appeal. petition shall be in two (2) original copies with annexes
a.6) Within forty-eight (48) hours from such notice to together with an electronic version thereof stored in
the BOC, the petitioner shall submit before the Board a compact disc, flash drive, or other portable storage
Memorandum on Appeal stating the reasons why he device, with proof of service of a copy upon the protestee.
resolution being questioned is erroneous and should be The electronic version of the protest or petition need not
reversed. be signed and shall be in MS Word or other similar
formats, while the annexes shall be in PDF format saved
a.7) Upon receipt by the BOC of the petitioner's collectively as a single file.
memorandum on appeal, the Board shall forward the
entire records of the petition at the expense of the Each contest shall refer exclusively to one (1) office
petitioner. but contests for offices of the Sangguniang Pampook,
Sangguniang Panlalawigan or Sangguniang Panlungsod
a.8) Upon receipt of the records herein referred to, the may be consolidated in one (1) case. (as amended by
petition shall be docketed by the Clerk of Commission COMELEC Resolution No. 9720)
and submitted to the COMELEC en banc for
consideration and decision. Section 4. Modes of service and filing. — Service and
filing of pleadings, including the initiatory petition and
a.9) Within five (5) days therefrom the COMELEC en other papers, shall be done personally. Except with
banc shall render its decision on the appeal. respect to papers emanating from the Commission, a
b) If filed directly with the Commission, the petition resort to other modes of service must be accompanied by
shall be heard by the COMELEC en banc under the a written explanation why the service or filing was not
following procedures. Upon receipt of the petition by the done personally. A violation of this Rule shall be a cause to
COMELEC, the Clerk of the Commission shall docket the consider the pleading or paper as not filed.
same and forthwith send summons to the BOC Section 5. Petition must be verified and
concerned with an order directing it to submit, through accompanied by a certificate of non-forum shopping.
the fastest verifiable means available, its answer within — An election protest shall be verified by an affidavit
forty-eight (48) hours. stating that the affiant has read the petition and that the
The COMELEC en banc shall resolve the petition allegations therein are true and correct of affiant's own
within five (5) days from the filing of the answer, or upon knowledge or based on authentic records. A verification
the expiration of the period to file the same. based on "information and belief" or upon the
"knowledge, information and belief" is not a sufficient
Section 6. Illegal Proceedings Discovered after verification.
Proclamation. — If the illegality of the proceedings of the
BOC is discovered after the official proclamation of the The protestant shall personally sign the certificate of
supposed results, a verified petition to annual the non-forum shopping which must be annexed to the
proclamation may be filed before COMELEC within ten election protest. An unverified petition or one with
(10) days after the day of proclamation. Upon receipt of insufficient verification or unaccompanied by a certificate
the verified petition, the Clerk of the Commission shall of non-forum shopping shall be dismissed outright and
have the same docketed and forthwith issue summons to shall not suspend the running of the reglementary period
the parties to be affected by the petition, with a directive to file an election protest.
for the latter to file their answer within five (5) days from Section 6. Pendency of pre-proclamation
receipt. Thereafter the case shall be deemed submitted controversy. — The pendency of a pre-proclamation
for resolution, which shall not be later seven (7) days from controversy involving the validity of the proclamation as
receipt of the answer. defined by law shall suspend the running of the period to
file an election protest.
Rule 5 Canvas on Manually Prepared Election Returns Section 7. Contests of the protest or petition. — An
Section 1. Canvass of Manually Prepared Election election protest or petition for quo warranto shall
Returns. — If by reason of the implementation of a specifically state the following facts:
continuity plan, election returns and/or certificate of a) The position involved
canvass are manually prepared and transported to the
BOC for canvass, said continuity plan together with the b) That the protestant was a candidate who has duly
General Instructions for the Board of Canvassers shall filed a certificate of candidacy and has been voted for the
primarily apply, supplemented whenever applicable, by same office.
the regular COMELEC Rules of Procedure and these rules. c) The date of proclamation; and
d) The number of votes credited to the parties per
PART III ELECTION PROTEST proclamation.
An election protest shall also state:
Rule 6 Election Protest
e) The total number of precincts of the region,
Section 1. Jurisdiction of the Commission on province or city concerned;
Elections. — The Commission on Elections, through any
of its Divisions, shall have exclusive original jurisdiction f) The protested precincts and votes of the parties in
over all election protests involving elective regional (the the protested precincts per the Statement of Votes By
autonomous regions), provincial, and city officials. Precinct or, if the votes of the parties are not specified an
explanation why the votes are not specified;
Section 2. Election protest. — A petition contesting
the elections or returns of an elective regional, provincial, g) A detailed specification of the acts or omissions
or city official shall be filed with the Commission by any complained of showing the electoral frauds, anomalies or
candidate who was voted for in the same office and who irregularities in the protested precincts.
received the second of third highest number of votes or, Section 8. Docketing and Raffle of Protest. — The
in a multi-slot position, was among the next four Director of the Election Contest and
candidates following the last ranked winner duly
Adjudication Department (ECAD) shall immediately
proclaimed, as reflected in the official results of the
docket the Protest and raffle the case to either the First or
election contained in the Statement of Votes. The party
Second Division of the Commission.
filing the protest shall be designated as the protestant;
the adverse party shall be known as the protestee. Section 9. Summary dismissal of election contest. —
The Commission shall summarily dismiss, motu proprio,
Section 3. How Initiated. — An election protest or
petition for quo warranto shall be filed directly with the



an election protest and counter-protest on the following detailed specification of the acts or omissions
grounds: complained of showing the electoral frauds, anomalies or
a) The Commission has no jurisdiction over the irregularities in the counter-protested precincts. (as
subject matter; amended by COMELEC Resolution No. 9720)
b) The protest is insufficient in form and content as Section 2. Answer to counterclaim or
required in Section 7 hereof; counter-protest. — The protestant shall answer the
counterclaim or counter-protest within a non-extendible
c) The petition is filed beyond the period prescribed period of five days from notice.
in these rules;
Section 3. Allegations in the answer. -
d) The filing fee is not paid within the period for the
filing the election protest or petition for quo warranto; (a) Specific denial. — A protestee must specify each
and material allegation of fact the truth of which is not
admitted and, whenever practicable, shall set forth the
e) In case of protest where a cash deposit is required, substance of the matters relied upon in support of the
the cash deposit is not paid within fifteen (15) days from denial. The protestee shall specify so much of the
the filing of the protest. averments that are true and material and shall deny the
remainder.
Rule 7 Summons (b) Allegations not specifically denied deemed
Section 1. Summons. — Within three (3) days from admitted. — Material averment in the protest other than
the filing of the protests, the Clerk of the Commission or the amount of unliquidated damages and issues as to the
the Division concerned shall issue the corresponding recount or appreciation of ballots, shall be deemed
summons to the protestee or respondent, together with a admitted when not specifically denied.
copy of the protest, requiring the filing of an answer Section 4. Effect of failure to plead. -
within a non-extendible period of five days from notice.
a) Defenses and objections not pleaded. — Defenses
Section 2. Service of summons. — The summons and objections not pleaded are deemed waived. However,
shall be served immediately upon its issuance by when it appears from the pleadings or the evidence on
handling a copy to the protestee or respondent in person record that the Commission has no jurisdiction over the
or, in case of refusal of the protestee or respondent to subject matter, that there is another action pending
receive and sign for it, by tendering the same. If, for between the same parties for the same cause, or that the
justifiable causes, the protestee or respondent cannot be action is barred by a prior judgment, or the statute of
served in person as provided above, service may be limitations, the Commission shall dismiss the claim.
effected by leaving copies of the summons at:
b) Compulsory counterclaim or cross-claim not
a) The residence of protestee or respondent, as stated set-up barred. — A compulsory counterclaim, or a
in the certificate of candidacy he filed, with some person cross-claim not set up shall be barred.
of suitable age and discretion residing therein, or
c) Effect of failure to answer. — In an election protest
b) The office or regular place of business of protestee that does not involve ballot recount, if the protestee fails
or respondent with some competent person in charge to file an answer within the time allowed, the
thereof. Commission shall, upon motion of the protestant with
Section 3. By whom served. — The summons shall be notice to the protestee, and upon proof of such failure,
served by a bailiff of the require the protestant to submit evidence ex parte.
Commission or Division or upon request of the d) However, in the case of election protests involving
Commission or Division, by the Sheriff of any Court in the ballot recount or examination, or verification or
place where the parties to be served reside or for special re-tabulation of the election returns, the Commission
reasons, by a person especially authorized by the shall order such recount of ballots or re-tabulation of
Commission or Division. election returns. The Commission shall proceed to render
judgment based on the results of the recount or
Section 4. Return. — When the service has been re-tabulation of election returns. During the recount or
completed by personal service, the server shall give re-tabulation of election returns, only the protestant, or
notice thereof, by registered mail, to the protestant or his his representative may participate. The protestee or his
counsel and shall return the summons to the Clerk of the duly authorized representative has the right to be present
Commission who issued it, accompanied with the proof and observe the proceedings without the right to register
of service. his comment on the ballots and election returns.
Section 5. Proof of Service. — Proof of service of Section 5. How to compute time. — In computing
summons shall be made in the manner provided for in any period of time prescribed or allowed by these Rules,
the Revised Rules of Court of the Philippines. or by order of the Commission, or bay any applicable
statute, the day of the act or the event from which the
Rule 8 Answer and Counter-Protest designated period of time begins to run is to be excluded
Section 1. Verified answer; counter-protest. — and the date of performance included. If the last day of
Within five (5) days from receipt of the summons, the the period, as thus computed, falls on a Saturday, a
protestee/s shall file an Answer in two (2) original copies Sunday, or legal holiday on the place where the
with complete annexes together with an electronic Commission sits, the time shall not run until the next
version thereof stored in compact disc, flash drive or other working day.
portable storage device, with proof of service of a copy Section 6. Amendments; limitations. — After the
upon the protestant. The electronic version of the Answer expiration of the period for the filing of the election
need not be signed and shall be in MS Word format or protest or counter-protest, substantial amendments that
other similar formats, while the annexes shall be in PDF broaden the scope of the action, or introduce an
format saved collectively as a single file. additional cause or causes of action may be allowed only
The answer shall be verified and may set forth upon leave of the Commission. Such leave may be
admissions and denials, special and affirmative defenses refused if it appears that the motion was made with
and a compulsory counterclaim. The protestee may intent to delay. Any amendment in matters of form, such
incorporate a counter-protest in the answer. as a defect in the designation of the parties and other
clearly clerical or typographical errors, may be summarily
The counter-protest shall specify the corrected by the Commission at any stage of the
counter-protested precincts and any votes of the parties proceedings, at its initiative or on motion, provided no
therein per the Statement of Votes, or if not so specified, prejudice is caused thereby to the adverse party.
an explanation why the votes are not specified, and a


Twenty-Five Thousand Pesos (P25,000.00) to be paid
Rule 9 Motions upon the filing of the election protest (counter-protest);
Section 1. Motions must be in writing. — Except 2. If the amount to be deposited does not exceed One
those made in open session during the course of the Hundred Thousand Pesos (P100,000.00), the same shall
proceedings, all motions shall be in writing. be paid in full within ten days after the filing of the
A motion shall state the order sought to be obtained protest; and
and the grounds upon which it is based. 3. If the deposit exceeds One Hundred Thousand
Section 2. Proof of service necessary. — No written Pesos (P100,000.00), a cash deposit in the amount of One
motion shall be acted upon by the Commission without Hundred Thousand Pesos (P100,000.00) shall be made
proof of service on the adverse party. within ten days after the filing of the protest.
Section 3. No hearings on motions. — Motions shall The balance shall be paid in such installments as may
not be set for hearing unless the Commission directs be required by the Commission with at least five days
otherwise. Oral argument in support thereof shall be advance notice to the party required to make the deposit.
allowed only upon the discretion of the Commission. The The cash deposit shall be applied by the Commission
adverse party may file opposition five days from receipt to the payment of compensation of Recount Committees
of the motion, upon the expiration of which such motion as provided under Section 3, Rule 17 of these Rules and of
is deemed submitted for resolution. The Commission all expenses incidental to the recount but not limited to
shall resolve the motion within five days. supplies and miscellaneous expenses of the recount
committee. When the Commission determines that the
Rule 10 Prohibited Pleadings circumstances so demand, as when the deposit has been
depleted, it may require additional cash deposits. Any
Section 1. Prohibited pleadings and motions. — The unused cash deposit shall be returned to the party
following pleadings, motions or petitions shall not be making the same after complete termination of the
allowed: protest or counter-protest.
a) Motion to dismiss except on the ground of lack of The same amount of cash deposit shall be required
jurisdiction over the subject matter; from the protestee (counter-protestant), should
b) Motion for a bill of particulars; continuation of recount be ordered. Once required, the
c) Demurrer to evidence; protestee (counter-protestant) shall pay the cash deposit
within a non-extendible period of three days from receipt
d) Motion for new trial, or for reconsideration of a of the corresponding order.
judgment, or for reopening of trial;
(b) Failure to make the cash deposits required within
e) Petition for relief from judgment; the prescribed time limit shall result in the automatic
f) Motion for extension of time to file pleadings, dismissal of the protest, or counter-protest.
affidavits or other papers; (c) The Division Clerk of the Commission or Overall
g) Memoranda, except when required by the Chairman of the Recount Committee shall liquidate any
Commission in an Order; cash advance granted to him/her for the purchase of
supplies within a non-extendible period of thirty (30) days
h) Motion to declare the protestee or respondent in from date of termination of the recount.
default;
i) Dilatory motion for postponement; Rule 12 Production and Custody of Ballot Boxes, Election
j) Motion to inhibit the Commissioner/s except on Documents, Data Storage Devices, and Machines Used in
clearly valid grounds; the Elections
k) Reply or rejoinder; and Section 1. Issuance of precautionary protection
l) Third-party complaint. order. — Where the allegations in a protest so warrant,
and simultaneously with the issuance of summons, the
Section 2. Grounds to dismiss must be set up in the Commission shall order the municipal treasurer and
answer. — All grounds to dismiss an election protest election officer, and the responsible personnel and
must be set-up or pleaded as affirmative or special custodian to take immediate steps or measures to
defenses. Defenses not raised are deemed waived. The safeguard the integrity of all the ballot boxes, lists of
Commission may, in its discretion, hold a preliminary voters with voting records, books of voters and other
hearing on the grounds so pleaded. documents or paraphernalia used in the election, as well
as data storage devices containing electronic data
Rule 11 Filing fees and cash deposits evidencing the conduct and the results of elections in the
contested precincts.
Section 1. Filing fees. — No protest, counter-protest
shall be accepted for filing without the payment of a Section 2. When ballot boxes and election
filing fee in the amount of Ten Thousand Pesos documents are brought before the Commission. —
(P10,000.00) for each interest. Within forty-eight hours from receipt of the answer with
counter- protest, if any, and whenever the allegations in a
If claims for damages and attorney's fees are set forth protest or counter-protest so warrant and when it finds
in a protest or counter-protest, additional filing fees shall the same necessary, the Commission shall order the
be paid in accordance with the schedule provided for in boxes with their keys, lists of voters with voting records,
Rule 141 of the Rules of Court, as amended. books of voters, the electronic data storage devices, and
Section 2. Cash Deposit. — (a) In addition to the fees other documents, paraphernalia, or equipments relative
prescribed in the preceding section, the protestant on an to the precincts involved in the protest or counter-protest,
election protest requiring recount of ballots or to be brought before it.
re-tabulation of election returns, or which may require The Commission shall notify the parties of the date
the bringing to the Commission of copies of other and time for the retrieval from their respective custodians
election documents, printed or electronic, as well as the of the ballot boxes, other election documents, data
machines or devices to which electronic election storage devices, equipments. The parties may send
documents are stored or may be processed, shall make a representatives to witness the activity. The absence,
cash deposit with the Commission in the following however, of a representative of a party shall not be reason
amounts: to postpone or delay the bringing of the ballot boxes,
1. One Thousand Five Hundred Pesos (P1,500.00) for election documents, and data storage devices, into the
each precinct involved in the protest or counter-protest; custody of the Commission.
provided that, in no case shall the deposit be less than



The Commission, in its discretion, may seek the Section 3. Appearances of parties. — It shall be the
assistance of the Philippine National Police or the Armed duty of the parties and counsel to appear before the
Forces of the Philippines in ensuring the safe delivery of Commission in person at the preliminary conference.
the ballot boxes and election paraphernalia into the Section 4. Preliminary conference brief. — The
custody of the Commission. parties shall file with the Commission and serve on the
Where any of the ballot boxes, ballots, election adverse party, in such manner as shall ensure their
returns, election documents or paraphernalia mentioned receipt at least one (1) day before the date of the
in the first paragraph above are also involved in election preliminary conference, their respective briefs which shall
contests before other fora, such as the Presidential contain the following:
Electoral Tribunal, the Senate Electoral Tribunal, the 1. A summary of admitted facts and proposed
House of Representatives Electoral Tribunal, which, under stipulation of facts;
COMELEC Resolution No. 2812 dated 17 October 1995,
have preferential right over the custody and recount of 2. The issues to be tried or resolved;
ballots involved in simultaneous protests, the 3. The pre-marked documents or exhibits to be
Commission shall make the appropriate coordination and presented, stating their purpose;
request with the tribunal involved as to temporary prior
custody of ballot boxes and recount of ballots and other 4. A manifestation of their having availed or their
documents and storage devices, or the synchronization of intention to avail themselves of discovery procedures or
such recount of ballots. The expenses necessary and referral to commissioners;
incidental to the bringing of the ballot boxes, election 5. The list of pilot protested or counter-protested
documents, and devices shall be shouldered and precincts, which shall be not more than twenty percent
promptly paid by the protestant and the (20%) of the total number of precincts, but in no case
counter-protestant, if any, in proportion to the precincts exceeding two hundred (200) or be less than twenty (20)
involved. The expenses necessary and incidental to the precincts that will best illustrate the merits of the protest
return of the ballot boxes, election documents, and which shall be the subject to the initial recount of paper
storage devices to their original custodians or the proper ballots, reading/appreciation of the rejected ballots and
tribunal after the termination of the case shall be shared decryption and recount of the ballot images if applicable.
proportionately by the protestant and protestee based on
the number of precincts respectively contested by them. The protestant may, however, waive the recount of
the paper ballots and instead resort to either the
decryption and recount of the ballots of the pilot
Rule 13 Preliminary Conference protested or counter-protested precincts, OR the
Section 1. Preliminary conference; mandatory. — reading/appreciation of the rejected ballots only of the
Within three (3) days after the filing of the last responsive entire protested or counter-protested precincts;
pleading allowed by these rules, or expiration of the same 1. The number and names of the witnesses, their
period without any responsive pleading having been addresses, and the substance of their respective
filed, the Commission shall conduct a mandatory testimonies. The testimonies of the witnesses shall be by
preliminary conference among the parties to consider: affidavits in question and answer form as their direct
1. The simplification of issues; testimonies, subject to oral cross examination;
2. The necessity or desirability of amendments to 2. A manifestation of withdrawal of certain
the pleadings; protested or counter-protested precincts , if such is the
case;
3. The possibility of obtaining stipulations or
admission of facts and of documents to avoid 3. The proposed number of recount committees
unnecessary proof; and names of their representative, and their alternates;
and
4. The identification of the pilot protested and
counter-protested precincts and the manifestation of the 4. In case the election protest or counter-protest
preferred mode of recount, unless the protestant or seeks the examination, verification or re-tabulation of
protestees opts ONLY for the reading/appreciation of election returns, the procedure to be followed.
rejected ballots in all protested or counter-protested (as amended by COMELEC Resolution No. 9720)
precincts;
Section 5. Failure to file brief. — Failure to file brief or
5. The limitation of the number of witnesses; to allege the required contents mentioned in the
6. The nature of the testimonies of the witnesses preceding section shall have the same effect as failure to
and whether they relate to evidence aliunde, the ballots appear at the preliminary conference.
or otherwise; (as amended by COMELEC Resolution No. 9720)
7. The withdrawal of certain protested or Section 6. Effect of failure to appear. — The failure of
counter-protested precinct (especially those where the the protestant or counsel to appear at the preliminary
ballot boxes or ballots are unavailable or missing and conference shall be cause for dismissal, motu proprio, of
cannot be located or destroyed due to natural disasters or the protest or counter-protest. The failure of the protestee
calamities); or counsel to appear at the preliminary conference gives
8. The number of recount committees to be the Commission the discretion to allow the protestant to
constituted; present evidence ex parte and render judgment based
on the evidence presented.
9. The procedure to be followed in case the election
protest or counter — protest seeks, wholly or partially, the Section 7. Preliminary conference order. — Within
examination verification or re-tabulation of election three days following the date of the preliminary
returns; and conference, the Commission shall issue an order
summarizing the matters taken up and stipulations or
10. Such other matters as may aid in the prompt agreements reached during the conference. The
disposition of the case. Commission shall specify in the preliminary conference
(as amended by COMELEC Resolution No. 9720) order when the recount of ballots will commence, which
Section 2. Notice through counsel. — The notice of shall be within five days from the termination of the
preliminary conference shall be served on the counsel or preliminary conference.
on the party who has no counsel. Notice to counsel is
notice to the party, as counsel is charged with the duty to Rule 14 Subpoena
notify the party represented. Section 1. Subpoena Ad Testificandum or Subpoena
Duces Tecum. — Subpoena ad testificandum or



subpoena duces tecum may be issued by the Division A portion of the said cash deposit shall be allotted
motu proprio, or upon request of the parties in any case. and set aside for the honoraria of the following support
Section 2. Form and Contents. — A subpoena shall staff for each ballot box as follows:
be signed by the Clerk of the Commission concerned. It
shall state the name of the Division issuing it and the title ECAD Security Personnel 4 x P35 = P140.00
of the action; it shall be directed to the person whose
attendance is required, and in the case of a subpoena
COMELEC Drivers 2 x P35 = P70.00
duces tecum, it shall also contain a reasonable
description of the books, documents or things demanded
which may appear prima facie relevant. Organic Security Personnel 2 x P35 = P70.00
Rule 15 Recount of Ballots

PNP Personnel 2 x P35 = P70.00
Section 1. Start of recount. — The recount of ballots
shall commence on the date specified in the preliminary
conference order, unless rescheduled by Order of the Xerox Machine Watchers 1 x P35 = P35.00
Division.
The cost of decryption of the ballot images shall be
Section 2. Recount committee; under the Five Hundred Pesos (P500.00) per compact flash (CF)
supervision of the Commission. — There shall be card. Said amount shall be allocated as follows: One
constituted such number of recount committees as may hundred Pesos (P100.00) for electricity; Fifty Pesos
be necessary. The list of the recount committees shall be (P50.00) for the use of computers and printers; and Three
submitted by the Division Clerk of the Commission, Hundred Fifty Pesos (P350.00) for the honoraria of the
through the Director IV, Electoral Contests Adjudication Election Records and Statistics Department (ERSD)
Department, to the Presiding Commissioner of either the representative/s.
First or Second Division. Each recount committee shall be
composed of a Recount Coordinator/Chairman who shall All consumables for the decryption, generation and
be a lawyer of the Commission, recorder, clerk, typist and printing of ballot images, such as toner and coupon
ballot box custodian and one representative each from bonds shall be provided by the parties.
the protestant and the protestee. The Commission shall (as amended by COMELEC Resolution No. 9720)
designate the Recount Coordinators/ Chairman from Section 4. Continuous Recount. — Once
among its personnel. The parties shall also designate commenced, the recount shall continue from day to day
their respective alternative representatives. as far as practicable until terminated.
The recount committee shall conduct the recount in a) Period for Recount. — recount shall be conducted
the Commission's premises or at such other places as from 8:30 o'clock in the morning to 12:00 noon and from
may be designated by the Commission, but in every case 1:30 to 4:30 o'clock in the afternoon from Monday to
under its strict supervision. The members of the Recount Friday, except on non-working holidays. The members of
Committee shall discharge their duties with the highest the Recount Committee may take a fifteen-minute break
degree of integrity, conducting the proceedings with the in each session.
same dignity and discipline as if undertaken by the
Commission itself. They shall exercise extraordinary b) Recount to continue even if a party representative
diligence and take precautionary measures to prevent is absent or late. — The recount of ballots shall not be
the loss, disappearance or impairment of the integrity of delayed or postponed by reason of the absence or
the ballots and the other election documents, whether tardiness of a party representative as long as the Recount
electronic or printed, and other election paraphernalia. Coordinator and one party representative are present.
The Commission may at any time designate another
Section 3. Compensation of the members of the Recount Coordinator if the regular Recount Coordinator
Recount Committee. — The Commission shall fix the fails for any reason to report.
compensation of the members of the Committee
including the fees for supplies and materials, storage of c) If the representative of the protestee is absent or
election paraphernalia, honoraria of warehouse ballot box late. — If the representative of the protestee is absent or
custodian, photocopying watchers and security details at late for thirty minutes and no alternate appears as a
Three Thousand Pesos (P3,000.00) per precinct and shall substitute, the recount shall, nevertheless, commence;
be distributed as follows: the protestee shall be deemed to have waived the right to
appear and to object to the ballots in the precinct or
Chairman P1,000.00 precincts scheduled for recount on that particular day.
d) If the representative of protestant or
counter-protestant, or of both parties fail to appear. — If
Recorder P500.00 the representative of the protestant, or of both parties
and alternates fail to appear for no justifiable reason
within one hour after fixed hours from the start of the
Recount Ballot Box Custodian P480.00 recount, the ballot boxes scheduled for that day, and the
corresponding keys in the possession of the chairperson,
shall be returned to the ballot box custodian of the
Supplies/Materials P400.00 Commission and shall no longer be recounted; it is
understood that the parties waive their right to recount
the same, and the Recount Coordinator concerned shall
Storage P85.00 state such facts in the corresponding Recount report.
Section 5. Prohibited access. — During the recount
The over-all Supervisor shall also receive an of ballots, no person other than the Commission, the clerk
honorarium of P100 for every ballot box opened and of the Commission, the Recount Coordinators and the
recounted, but in no case shall he receive less than the members of the recount committees, the parties and
highest honorarium that maybe received by any of the their duly authorized representatives, shall have access to
committee chairmen. Warehouse ballot box custodians the recount area.
shall be allotted an honorarium of P50 for every ballot box Section 6. Conduct of the Recount. — The recount of
they will handle, which amount shall be shared among all the votes on the ballots shall be done manually and
of them. visually and according to the procedures hereunder:
(a) At the preliminary conference, the date, place, the
mode of the recount of votes on the ballots from each of



the protested precincts and the number of the recount a. including ballots with identifying marks
committees shall be set. 2. ballots for the protestee
(b) The recount of the ballots in the remaining contested a. including ballots with identifying marks
precincts shall not commence until the Division 3. ballots for other candidate/s
concerned shall have made a determination on the merit
of the protest based on the results of the recount of the 4. stray ballots
votes on the ballots from the pilot protested precincts 5. ballots with voting marks
and the review of other documentary exhibits which the
protestant may submit. The documentary exhibits may Stray ballots refer to ballots with two or more shades
be submitted by the protestant within a non-extendible or without any shade in the contested position. Marked
period of ten (10) days from the completion of the ballots refer to those ballots containing marks outside the
recount of the pilot protested precincts. ovals, which marks could either be identifying marks or
voting marks. Voting marks are markings placed beside
Based on the above determination, the Division may the ovals that may appear to show the intent of the voter
dismiss the protest, without further proceedings, if no to vote for a party, while identifying marks are those
reasonable recovery could be established from the pilot intentionally placed to identify the ballot or the voter.
protested precincts. Otherwise, the recount of the ballots Ballots containing voting marks may be subject to claims,
in the remaining protested precincts shall proceed. The while those with identifying marks to objections.
recount of the pilot counter-protested precincts if Thereafter, the rejected ballots shall be physically
substantial recovery is likewise established by the counter counted.
protestant, shall then follow. For this purpose, there is
substantial recovery when the protestant or counter (i) After segregating and counting the ballots, those
protestant is able to recover at least 20% of the overall classified as STRAY, MARKED or REJECTED will be given
vote lead of the protestee or counter protestee. to the parties revisors for viewing, objections and claims.
All other ballots are not subject to objections or claims by
However, the above-mentioned procedure shall not be the parties.
applicable in case the protestant avails the option of (j) There shall be a tally sheet for multi-slot positions
reading/appreciation of the rejected ballots only of such number of copies depending on the number of
pertaining to the entire protested or counter-protested the parties, that will be used for the tallying of the votes
precincts under Section 4(e) of Rule 13. as they are counted, through the use of tara or sticks.
(c) At the appointed place and day, the Recount (k) Handwritten comments, objections and claims
Committee/s shall convene and the ballot boxes shall be submitted immediately after the recount of every
containing the ballots from the designated pilot clustered precinct and included in the recount report as
precincts, the data storage device used in said precincts, well as those other documents in the ballot box that may
as well as the machine or any device that can be used to be marked as exhibits for any of the party.
authenticate the genuineness of the ballots shall be (l) In the event the protestant waives the recount of
brought to the venue of the recount. the paper ballots and resort to the decryption and
(d) The different Recount Committees will be recount of the ballot images and reading/appreciation of
provided with an adequate workspace with tables and the rejected ballots under Section 4(e) of Rule 13, or
chairs that would enable them to perform the recount. whenever the Division concerned determines that the
(e) Before the opening of the ballot box, the Recount integrity of the ballots has been violated or has not been
Committee shall note its condition as well as that of the preserved, or are wet and otherwise in such a condition
locks or locking mechanism and record the condition in that it cannot be recounted, the Clerk of the Division
the recount report. From its observation, the Recount concerned shall request from the Election Records and
Committee must also make a determination as to Statistics Department (ERSD), the printing of the images
whether the integrity of the ballot box has been of the ballots of the subject precinct stored in the CF card
preserved. used in the May 13, 2013 elections in the presence of the
parties. Printing of the ballot images shall proceed only
In the event that there are signs of tampering or if the upon prior authentication and certification by a duly
ballot box appears to have been compromised, the authorized personnel of the Election Records and
Recount Committee shall still proceed to open the ballot Statistics Department (ERSD) that the data or the images
box and make a physical inventory of the contents to be printed are genuine and are not tampered.
thereof. The committee shall, however, record its general
observation of the ballots and other documents found in (m) Appreciating the validity of the votes credited for
the ballot box. any party shall be done by the Commission making use of
but not limited to the ballot images stored in the original
(f) Prior to the actual conduct of the recount of the Compact Flash Cards used in the May 10, 2010 Automated
votes, the Recount Committee must authenticate each National and Local Elections, and not by the Recount
and every ballot to make sure that they are genuine. The Committee. The rules on appreciation of ballots under
authentication shall be through the use of PCOS machine Section 211 of the Omnibus Election Code shall apply
or through any other device capable of performing the suppletorily when appropriate.
desired authentication requirement through the use of
the bar codes and the ultra-violet ray code detection (as amended by COMELEC Resolution No. 9164, 9720)
mechanism, at the option of the Commission. The Section 7. Preparation and submission of recount
Recount Committee shall also check the ballot ID and the report. — The members of the Recount Committee shall
clustered precinct number indicated in each ballot. accomplish a report on the result of their recount in every
(g) Only when the Recount Committee, through its pilot clustered precinct, the ballot box contents of which
chairman, determines that the integrity of the ballots has underwent their examinations, in an official form which
been preserved or that no signs of tampering of the shall be made available prior to the recount and shall
ballots are present, will the recount proceed. In case there contain the following information:
are signs that the ballots contained therein are tampered, 1. The precinct number;
compromised, wet or are otherwise in such a condition 2. The date, place and time of recount;
that it could not be recounted, the Recount Committee
shall follow paragraph (l) of this rule. 3. The condition and serial numbers of the
following:
(h) The ballot box shall then be opened, and the
ballots taken out. The Recount Committee shall then 1. Ballot boxes;
segregate, classify and count the ballots as: 2. Locks;
1. ballots for the protestant


3. Data storage device conducted, and shall be under the supervision of the
4. The votes of the parties per physical count of the Over-all Chairman of the Recount Committee or his duly
paper ballots; authorized representative. The party concerned shall
provide an efficient photocopying unit and shall bear all
5. The votes of the parties per ballot box copy of the the expenses relative thereto.
election returns;
Section 3.Printing of Ballot Images. — In case the
6. The number of ballots questioned by the parties parties deem it necessary, they may file a motion to be
indicating therein the exhibit numbers; approved by the Division of the Commission requesting
7. The number of torn, unused and stray ballots; for the printing of ballot images in addition to those
mentioned in the second paragraph of item (e). Parties
8. The entries in the Minutes of Voting and concerned shall provide the necessary materials in the
Counting, particularly: printing of images such as but not limited to copying
1. The number of registered voters; papers, toners and printers. Parties may also secure, upon
prior approval by the Division of the Commission, a soft
2. The number of voters who actually voted; copy of the ballot images contained in a secured/hashed
3. The number of official ballots together with their disc on the condition that the ballot images be first
serial numbers used in the election; printed, at the expense of the requesting party, and that
4. The number of ballots actually used indicating the printed copies be signed by the parties respective
the serial numbers of the ballots; and revisors or representatives and by an ERSD IT-capable
representative and deposited with the Commission.
5. The unused ballots together with their serial
numbers. The Over-all chairman shall coordinate with the
Director IV, Election Records and Statistics Department
In accomplishing the Recount Report, writings (ERSD), for the printing of images. Said director shall in
should be legible and all data should be completely filled turn designate a personnel who will be responsible in the
up by the Recount Committee. The per-precinct recount printing of ballot images.
report shall also be signed and certified to by the
Chairman of the Recount Committee and the Section 4. Augmentation of Cash Deposit. — The
representatives of the parties. The duly accomplished parties will be directed to augment their cash deposit for
handwritten Revision Report shall form part of the the payment of the electricity consumed in the
records of the case and shall be considered as the original photocopying and/or printing of images, for the use of
Commissions copy, which the parties may photocopy at the system anent the printing of ballot images or in case
their expense. The tally sheet used for the recount, in case the expenses for the sealing and retrieval of ballot boxes
of multi-slot positions, shall be attached to the report. are taken from the cash deposit. Parties requesting for
the photocopying of ballots and printing of images shall
In addition to the per-precinct recount report, the be required to make a deposit before the
Recount Committee shall prepare and submit to the commencement of the recount proceedings at such
Division concerned within three (3) days from the amount as may be ordered.
termination of the recount of the pilot precincts for
post-recount determination of merit of the protest case, a (as amended by COMELEC Resolution No. 9164)
committee report summarizing the data, votes, questions
on the ballots, significant observations made in the Rule 17 (18a) Presentation of Evidence
recount of ballots in the designated pilot clustered Section 1. Presentation and reception of evidence;
precincts, and handwritten comments and objections of order of hearing. — The reception of evidence on all
parties. The same procedure shall apply should the matters or issues raised in the protect and
Division concerned decide to continue the recount in the counter-protests shall be presented and offered in a
remaining contested clustered precincts. hearing upon completion of (a) the recount of ballots, or
Each party furnished with a copy of the committee re-tabulation of election documents, or (b) the technical
report may submit their comments thereon within a examination, if warranted.
non-extendible period of three (3) days from notice. (as Reception of evidence shall be made in accordance
amended by COMELEC Resolution No. 9164) with the following order of hearing:
Section 8. Inquiry as to security markings and vital a) The Protestant shall present evidence in support of
information relative to ballots and election documents. the protest;
— When a recount of ballots is ordered, and for the
guidance of the members of the Recount Committees, b) The protestee shall then adduce evidence in
the Commission shall give advice and instructions to the support of the defense, counterclaim or counter-protest,
committee on the security markings on the ballots and if any;
election document. The commission shall likewise c) The parties may then respectively offer rebutting
designate a technical person who shall assist the Recount evidence only, unless the Commission for good reasons,
Committee in authenticating electronic documents if in the furtherance of justice, permits them to offer
needed, as well as in transforming the same to a form evidence upon their original case; and
that can make them observable to the Committee.
d) No sur-rebuttal evidence shall be allowed.
Rule 16 (17a) Photocopying of Ballots/Printing of Ballot In offering testimonial evidence, the party shall
Images/Augmentation of Cash Deposit require the proposed witness to execute an affidavit
which shall be considered as the direct testimony, subject
Section 1. Photocopying simultaneous with recount. to the right of the adverse party to object to its
— On motion of a party, the Commission may allow the inadmissible portions and to orally cross-examine the
photocopying or reproduction of the ballots claimed witness. The affidavit shall be based on personal
and/or objected by the parties, minutes of voting, election knowledge, shall set forth facts as would be admissible in
returns and audit logs. The photocopying or evidence, and shall show affirmatively that the affiant is
reproduction, if allowed, must start at the competent to testify on the matters stated therein. The
commencement of recount and, as far as practicable, affidavit shall be in question and answer form. The
must be completed simultaneously with the termination affidavit shall be submitted to the Commission and
of recount. served on the adverse party at least three days before the
Section 2. Where conducted. — Photocopying of hearing. Failure to submit the affidavit of a witness within
ballots and other documents, and the printing of ballot the specified time shall constitute a waiver of the party's
images shall be done within the premises of the right to present testimonial evidence.
Commission, or at or near the area where the recount is


The one-day-cross-examinations-of-witness rule, that Commission. No supplemental, reply or rebuttal
is, a witness has to be fully cross-examined in one day memorandum shall be allowed.
only shall be strictly adhered to. The Commission, at its
discretion, may extend the cross-examination for Rule 18 (19a) Decisions
justifiable reasons.
Section 1. Rendition of Decision. — The Commission
The recount reports, as well as the objected and shall decide the election contest within thirty days from
claimed ballots referred to therein, shall automatically the date it is submitted for decision.
form part of records of the Commission and may be
adopted by the parties as their evidence. Section 2. Procedure in making Decisions. — The
conclusions of the Commission in any case submitted to
Section 2. Offer of evidence. — The Commission shall it for decision shall be reached in consultation before the
consider no evidence that has not been formally offered. case is assigned by raffle to a Member for the writing of
Formal offer of documentary evidence shall be done in the opinion. A certification to this effect signed by the
writing after the last day of hearing allowed for each Chairman or Presiding Commissioner shall be
party. The opposing party shall be required to incorporated in the decision. Any member who took no
immediately interpose his written objections thereto part, or dissented, or abstained from a decision or
within five (5) from receipt of formal offer. The resolution must state the reason therefor.
Commission shall rule on the offer of evidence not later
than five (5) days from receipt of the Comment to the Every decision shall express therein clearly and
formal offer. distinctly the facts and the law on which it is based. In its
decision the Commission shall be guided by the principle
Section 3. Reception of evidence continuous. — that every ballot is presumed to be valid unless there is
Reception of evidence, once commenced, shall continue clear and good reason to justify its rejection and that the
from day to day as far as practicable until terminated. object of the election is to obtain the true expression of
Section 4. Adjournments and postponements. — No the voters.
motion for postponement shall be allowed, except for Section 3. Several Judgments. — In a protest against
clearly meritorious reasons, in no case to exceed three several protestees, the Commission may, when a several
times. The filing of dilatory pleadings or motions shall judgment is proper, render judgment against one or
constitute direct attempt of Commission and shall be more of them, leaving the protest to proceed against the
punished accordingly. others.
Section 5. Burden of proof. — Burden of proof is the Section 4. When extended Opinion Reserved. —
duty of a party to present evidence of the facts in issue, When in a given resolution or decision the writing of an
necessary to establish one's claim or defense. extended opinion is reserved, the extended opinion shall
Section 6. Disputable presumptions. — The following be released within fifteen (15) days after the promulgation
presumptions are considered as facts, unless of the resolution.
contradicted and overcome by other evidence; Section 5. Period to File Motion for Reconsideration
a) On the election procedure: When Extended Opinion is Reserved. — If an extended
opinion is reserved in a decision, the period to file a
a.1) The election of candidates was held on the date petition for certiorari with the Supreme Court or to file a
and time set and in the polling place determined by the motion for reconsideration shall begin to run only from
Commission on Elections; the date the aggrieved party received a copy of the
a.2) The Boards of Election Inspectors were duly extended opinion.
constituted and organized; Section 6. Promulgation. — The promulgation of a
a.3) Political parties and candidates were duly decision of the Commission shall be on a date previously
represented by poll watchers; fixed, of which notice shall be served in advance upon the
a.4) Poll watchers were able to perform their function; parties or their counsels personality, or by registered mail,
and or by telegram, or any verifiable speedy means.
a.5) The Minutes of Voting and Counting contains all Section 7. Procedure if Opinion is Equally Divided. —
the incidents that transpired before the Board of Election When the Commission en banc is equally divided in
Inspectors. opinion, or the necessary majority cannot be had, the
case shall be reached, and if on rehearing no decision is
b) On election paraphernalia: reached, the protest or the counter-protest shall be
b.1) Ballots and election returns that bear the security deemed dismissed if originally commenced in the
marketing's and features prescribed by the Commission Commission; in a appealed cases, judgment or order
on Election are genuine; appealed from shall stand affirmed; and in all incidental
matters, the petition or motion shall be denied.
b.2) The data and information supplied by the
members of the Boards of Election Inspectors in the Section 8. Duty to certify to the President. — In
accountable forms are true and correct; and election protests, if the decision shall be that none of the
parties has been legally elected, the Commission shall
b.3) The allocation, packing and distribution of certify such decision to the President of the Philippines.
election documents or paraphernalia were properly and
timely done. Section 9. Duty to Notify Other Agencies of the
Government. — As soon as a decision in an election
c) on appreciation of ballots: protest becomes final and executory, notices thereof shall
c.1) A ballot with appropriate security markings is be sent to the President, the Secretary of Local
valid; Government, the Chairman of the Commission on Audit,
and the Secretary of the Sangguniang Pampook in the
c.2) The ballot reflects the intent of the voter; case of regional officials, the Secretary of the
c.3) The ballot is properly accomplished; Sangguniang Panlalawigan in the case of provincial
c.4) A voter personality prepared one ballot, except in officials, and the Secretary of the Sangguniang
the case of assistors; and Panlungsod in the case of city officials.
c.5) The exercise of one's right to vote was voluntary Section 10. Finality of Decisions or Resolutions. —
and free. Unless a motion for reconsideration is seasonably filed, a
decision or resolution of a Division shall become final and
Section 7. Submission of memoranda. — The executory after the lapse of five (5) days following its
Commission may allow the parties to submit their promulgation.
respective memoranda within a non-extendible period of
ten days from receipt of the written ruling of the



stating facts of direct personnel knowledge of the affiant
Rule 19 (20a) Motion for Reconsideration or based on authentic records. The affidavit must
Section 1. Grounds of Motion for Reconsideration. — affirmatively show the competence of the affiant to
A motion for reconsideration may be filed on the grounds testify on the matters contained therein. The affiant shall
that the evidence is insufficient to justify the decision, be made to affirm the contents of the affidavit in open
order or ruling; or that the said decision, is contrary to law. session and may be cross-examined as a matter of right
by the adverse party.
Section 2. Period for Filing Motion for
Reconsideration. — A motion to reconsider a decision Section 4. transmittal of Decision and Orders. — The
shall be filed within five (5) days from the promulgation Clerk of the Commission shall transmit the Commission
thereof. Such motion, if not pro forma, suspends the decision and orders through the fastest means available
execution or implementation, of the decision, resolution, and through the official fax line to the BOC, and other
order or ruling. concerned parties, which shall verify the same and
comply with the decision or order.
Section 3. Form and Contents of Motion for
Reconsideration. — The motion shall be verified and shall
Rule 21 (22a) Authentication of Electronic Documents and
point out specifically the findings or conclusions of the
decision, resolution, order or ruling which are not Data
supported by the evidence or which are contrary to law, Section 1. Burden of proving authenticity. — The
making express reference to the testimonial or person seeking to introduce an electronic document in
documentary evidence or the provisions of law alleged to an election protest has the burden of proving its
be contrary to such findings or conclusions. authenticity.
Section 4. Effect of Motion for Reconsideration on Section 2. Manner of Authentication. — Before any
Period to File Petition for Certiorari to the Supreme electronic document or data offered as authentic is
Court. — A motion to reconsider a decision, resolution, received in evidence, its authenticity must be proved by
when not pro-forma, suspends the running of the period any of the following means:
to elevate the matter to the Supreme Court.
a) By evidence that it had been digitally assigned by
Section 5. How motion for Reconsideration the person purported to have signed the same.
Disposed of. — Upon the filing of a motion to reconsider
a decision, resolution, order or ruling of a Division, the b) By evidence that other appropriate security
ECAD Clerk concerned shall, within twenty-four (24) hours procedures or devices for authentication of electronic
from the filing thereof, notify the Presiding documents were applied to the document; or
Commissioner. The latter shall within two (2) days c) By other evidence showing its integrity and
thereafter certify the case to the Commission en banc. reliability to the satisfaction of the judge.
Section 6. Duty of ECAD Director to Calendar
Motion for Resolution. — The EACD Director concerned Rule 22 (23a) Costs damage and Attorney's Fees
shall calendar the motion for reconsideration for the Section 1. Costs; when allowed. — Costs shall be
resolution of the Commission en banc within ten days allowed to the prevailing party as a matter of course. The
from the certification thereof. Commission shall have the power for special reasons, to
Section 7. Period to Decide by the Commission En apportion the costs, as may be equitable. The
Banc. — The motion for reconsideration shall be decided Commission may render judgment for costs if a protest,
within fifteen (15) days from the date the case or matter is or a counter protect is found to be frivolous, double or
deemed submitted for decision, unless otherwise treble costs may be imposed on the Protestant or the
provided by law. counter-Protestant.
Section 8. Finality of Decision . — The decision of the Section 2. Damage and attorney's fees. — In all
Commission shall become final and executory five days election contests, the Commission may adjudicate
after its promulgation and receipt of notice by the parties. damages and attorney's fees, as it may deem just and as
established by the evidence, if the aggrieved party has
included such claims in the pleadings.
PART IV MISCELLANEOUS MATTERS
Rule 23 (24a) Amendatory, Repealing and Effectivity
Rule 20 (21a) Electronic Evidence
Clause
Section 1. Original of an electronic document or
Section 1. Amendment Clause. "The Commission
data. — An electronic document or data shall regarded
may at any time amend any provision of these rules."
as the equivalent of an original document under the Best
Evidence Rule if it is a printout or output readable by site Section 2. Repealing Clause. "Resolution No. 9104
or other means, shown to reflect the data accurately. and all other rules and resolutions of the Commission or
parts thereof that are inconsistent with any provision of
Section 2. Copies as equivalent of the originals. —
these rules are hereby deemed repealed, amended or
When a document is in two more copies executed at or
modified accordingly."
about the same time with identical contents, or is a
counterpart produced by the same impression as the Section 3. Effectivity. "These Rules shall be published
original, or from the same matrix, or by mechanical or in two (2) newspaper of general circulation and shall take
electronic re-recording, or by chemical reproduction, or effect on the seventh (7th) day following its publication."
by other equivalent techniques which is accurately Section 4. Dissemination. — Let copies of these Rules
reproduces the original, such copies or duplicates shall be on the Recount Proceedings be furnished to all parties of
regarded as the equivalent of the original. election protest cases pending before this Commission
Notwithstanding the foregoing, copies or duplicates and their respective counsels, the Presidential Electoral
shall not be admissible to the same extent as the original Tribunal (PET), Senate Electoral Tribunal (SET), the House
if: of Representative Electoral Tribunal (HRET), and the
Regular Courts, through the Court Administrator.
a) A genuine is raised as to the authenticity of the
original; or (as amended by COMELEC Resolution No. 9164)
b) In the circumstances it would be unjust or Approved this 22nd day of March, 2010, Manila,
inequitable to admit a copy in lieu of the original. Philippines
Section 3. Affidavit of evidence. — All matters
relating to the admissibility and evidentiary weight of an
electronic document may be established by an affidavit


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RA No 8295 | Proclamation of a Lone Candidate in a

OF THE PHILIPPINES RA No 8436 | Automated Election System Act 66

RA No 9006 | Fair Election Act 74

© Compiled by Rehne Gibb Larena | JD-2 | University of San Carlos

OMNIBUS ELECTION CODE ELECTION LAWS, RULES AND PROCEDURES

Rule 18 — Decisions 93 Rule 6 Election Protest 112

The Comelec Rules of Procedure on Disputes in an

© Compiled by RGL 2 of 39

OMNIBUS ELECTION CODE ELECTION LAWS, RULES AND PROCEDURES

© Compiled by RGL 3 of 39

OMNIBUS ELECTION CODE ELECTION LAWS, RULES AND PROCEDURES

© Compiled by RGL 4 of 39

OMNIBUS ELECTION CODE ELECTION LAWS, RULES AND PROCEDURES

Ilocos Norte with Laoag City, 2; Siquijor, 1;

Ilocos Sur, 2; Cebu City, 2.

© Compiled by RGL 5 of 39

OMNIBUS ELECTION CODE ELECTION LAWS, RULES AND PROCEDURES

© Compiled by RGL 6 of 39

OMNIBUS ELECTION CODE ELECTION LAWS, RULES AND PROCEDURES

The electorate of highly urbanized cities shall not vote The President of the Philippines shall in writing notify

© Compiled by RGL 7 of 39

OMNIBUS ELECTION CODE ELECTION LAWS, RULES AND PROCEDURES

© Compiled by RGL 8 of 39

OMNIBUS ELECTION CODE ELECTION LAWS, RULES AND PROCEDURES

© Compiled by RGL 9 of 39

OMNIBUS ELECTION CODE ELECTION LAWS, RULES AND PROCEDURES

© Compiled by RGL 10 of 39

OMNIBUS ELECTION CODE ELECTION LAWS, RULES AND PROCEDURES

persons or qualiﬁed voter, after due notice and

© Compiled by RGL 11 of 39

OMNIBUS ELECTION CODE ELECTION LAWS, RULES AND PROCEDURES

© Compiled by RGL 12 of 39

OMNIBUS ELECTION CODE ELECTION LAWS, RULES AND PROCEDURES

© Compiled by RGL 13 of 39

OMNIBUS ELECTION CODE ELECTION LAWS, RULES AND PROCEDURES

Section 87. Rallies, meetings and other political

© Compiled by RGL 14 of 39

OMNIBUS ELECTION CODE ELECTION LAWS, RULES AND PROCEDURES

© Compiled by RGL 15 of 39

OMNIBUS ELECTION CODE ELECTION LAWS, RULES AND PROCEDURES

© Compiled by RGL 16 of 39

OMNIBUS ELECTION CODE ELECTION LAWS, RULES AND PROCEDURES

© Compiled by RGL 17 of 39

OMNIBUS ELECTION CODE ELECTION LAWS, RULES AND PROCEDURES

© Compiled by RGL 18 of 39

OMNIBUS ELECTION CODE ELECTION LAWS, RULES AND PROCEDURES

© Compiled by RGL 19 of 39

OMNIBUS ELECTION CODE ELECTION LAWS, RULES AND PROCEDURES

© Compiled by RGL 20 of 39

OMNIBUS ELECTION CODE ELECTION LAWS, RULES AND PROCEDURES

© Compiled by RGL 21 of 39

OMNIBUS ELECTION CODE ELECTION LAWS, RULES AND PROCEDURES

© Compiled by RGL 22 of 39

OMNIBUS ELECTION CODE ELECTION LAWS, RULES AND PROCEDURES

Section 178. Ofﬁcial watchers of candidates. —

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