Postponement of Election.: XXXXX
Postponement of Election.: XXXXX
Sec. 5. Postponement of election. - When for any serious cause such as thirty days before a special election or a referendum or plebiscite.
violence, terrorism, loss or destruction of election paraphernalia or records,
force majeure, and other analogous causes of such a nature that the
holding of a free, orderly and honest election should become impossible in XXXXX
any political subdivision, the Commission, motu proprio or upon a verified Sec. 152. Polling place. - A polling place is the building or place where the
petition by any interested party, and after due notice and hearing, whereby board of election inspectors conducts its proceedings and where the voters
all interested parties are afforded equal opportunity to be heard, shall shall cast their votes.
postpone the election therein to a date which should be reasonably close to
the date of the election not held, suspended or which resulted in a failure to
Sec. 153. Designation of polling places. - The location of polling places
elect but not later than thirty days after the cessation of the cause for such
designated in the preceding regular election shall continue with such
postponement or suspension of the election or failure to elect.
changes as the Commission may find necessary, after notice to registered
political parties and candidates in the political unit affected, if any, and
Sec. 6. Failure of election. - If, on account of force majeure, violence, hearing: Provided, That no location shall be changed within forty-five days
terrorism, fraud, or other analogous causes the election in any polling place before a regular election and thirty days before a special election or a
has not been held on the date fixed, or had been suspended before the referendum or plebiscite, except in case it is destroyed or it cannot be
hour fixed by law for the closing of the voting, or after the voting and during used.
the preparation and the transmission of the election returns or in the
custody or canvass thereof, such election results in a failure to elect, and in
Sec. 154. Requirements for polling places. - Each polling place shall be,
any of such cases the failure or suspension of election would affect the
as far as practicable, a ground floor and shall be of sufficient size to admit
result of the election, the Commission shall, on the basis of a verified
and comfortably accommodate forty voters at one time outside the guard
petition by any interested party and after due notice and hearing, call for
rail for the board of election inspectors. The polling place shall be located
the holding or continuation of the election not held, suspended or which
within the territory of the precinct as centrally as possible with respect to
resulted in a failure to elect on a date reasonably close to the date of the
the residence of the voters therein and whenever possible, such location
election not held, suspended or which resulted in a failure to elect but not
shall be along a public road. No designation of polling places shall be
later than thirty days after the cessation of the cause of such postponement
changed except upon written petition of the majority of the voters of the
or suspension of the election or failure to elect.
precinct or agreement of all the political parties or by resolution of the
Commission upon prior notice and hearing.
XXX
A public building having the requirements prescribed in the preceding
Sec. 149. Precincts and their establishment. - The unit of territory for the paragraph shall be preferred as polling place.
purpose of voting is the election precinct, and every barangay as of the
approval of this Act shall have at least one such precinct.
Sec. 155. Building that shall not be used as polling places. - No polling
place shall be located in a public or private building owned, leased, or
The Commission shall establish all election precincts. occupied by any candidate or of any person who is related to any
candidate within the fourth civil degree of consanguinity or affinity, or any
The precincts actually established in the preceding regular election shall be officer of the government or leader of any political party, group or faction,
maintained, but the Commission may introduce such adjustments, changes nor in any building or surrounding premises under the actual control of a
or new divisions or abolish them, if necessary: Provided, however, That the private entity, political party or religious organization. In places where no
territory comprising an election precinct shall not be altered or a new suitable public building is available, private school buildings may be used
as polling places. No polling place shall be located within the perimeter of a. In every polling place there shall be a guard rail between the voting
or inside a military or police camp or reservation or within a prison booths and the table for the board of election inspectors which shall
compound. have separate entrance and exit. The booths shall be so arranged
that they can be accessible only by passing through the guard rail
Any registered voter, candidate or political party may petition the and by entering through its open side facing the table of the board
Commission not later than thirty days before the first registration day for the of election inspectors.
transfer of the polling place from the prohibited buildings provided herein.
Such petition shall be heard and decided by the Commission within twenty
days from the filing of the petition. Failure to effect the transfer of the
polling place after the Commission found it to be located in violation of this
section within the period prescribed herein shall be a ground for the b. There shall also be a guard rail for the watchers between the place
postponement of the election in the polling place concerned. reserved for them and the table for the board of election inspectors
and at a distance of not more than fifty centimeters from the latter
Sec. 156. Signs and flags of polling places. - On the day of the voting as so that the watchers may see and read clearly during the counting
well as on any day that the board of election inspectors might meet, every of the contents of the ballots and see and count the votes recorded
polling place shall have in front a sign showing the number of the precinct by the board of election inspectors member on the corresponding
to which it belongs and the Philippine flag shall be hoisted at the proper tally sheets.
height.
c. There shall also be, if possible, guard rails separating the table of
Sec. 157. Arrangement and contents of polling places. - Each polling the board of election inspectors from the voters waiting for their turn
place shall conform as much as possible to the sketch on the following to cast their votes, with entrance and exit to give them orderly
page. access to the table and the booths during the voting.
Sec. 158. Voting booth. - During the voting, there shall be in each polling d. The polling place shall be so arranged that the booths, the table,
place a booth for every twenty voters registered in the precinct. Each booth the ballot boxes and the whole polling place, except what is being
shall be open on the side fronting the table for the board of election written within the booths, shall be in plain view of the board of
inspectors and its three sides shall be closed with walls at least seventy election inspectors, the watchers and other persons who may be
centimeters wide and two meters high. The upper part shall be covered, if within the polling place
necessary, to preserve the secrecy of the ballot. Each booth shall have in
the background a shelf so placed that voters can write therein while
standing and shall be kept clearly lighted, by artificial lights, if necessary,
during the voting. WATCHERS
The Commission shall post inside each voting booth and elsewhere in the
polling place on the day before the election, referendum and plebiscite a
list containing the names of all the candidates or the issues or questions to Sec. 178. Official watchers of candidates. - Every registered political
be voted for, and shall at all times during the voting period keep such list party, coalition of political parties and every independent candidate shall
posted in said places. each be entitled to one watcher in every polling place.
Sec. 179. Rights and duties of watchers. - Upon entering the polling Sec. 241. Definition. - A pre-proclamation controversy refers to any
place, the watchers shall present and deliver to the chairman of the board question pertaining to or affecting the proceedings of the board of
of election inspectors his appointment, and forthwith, his name shall be canvassers which may be raised by any candidate or by any registered
recorded in the minutes with a notation under his signature that he is not political party or coalition of political parties before the board or directly with
disqualified under the second paragraph of Section 178. The appointments the Commission, or any matter raised under
of the watchers shall bear the personal signature or the facsimile signature Sections 233, 234, 235 and 236 in relation to the preparation, transmission,
of the candidate or the duly authorized representatives of the political party receipt, custody and appreciation of the election returns.
or coalition of political parties who appointed him or of organizations
authorized by the Commission under Section 180. The watchers shall have Sec. 242. Commission's exclusive jurisdiction of all pre-proclamation
the right to stay in the space reserved for them inside the polling place. controversies. - The Commission shall have exclusive jurisdiction of all
They shall have the right to witness and inform themselves of the pre-proclamation controversies. It may motu proprio or upon written
proceedings of the board of election inspectors, including its proceedings petition, and after due notice and hearing, order the partial or total
during the registration of voters, to take notes of what they may see or suspension of the proclamation of any candidate-elect or annual partially or
hear, to take photographs of the proceedings and incidents, if any, during totally any proclamation, if one has been made, as the evidence shall
the counting of votes, as well as of election returns, tally boards and ballot warrant in accordance with the succeeding sections.
boxes, to file a protest against any irregularity or violation of law which they
believe may have been committed by the board of election inspectors or by Sec. 243. Issues that may be raised in pre-proclamation controversy. -
any of its members or by any persons, to obtain from the board of election The following shall be proper issues that may be raised in a pre-
inspectors a certificate as to the filing of such protest and/or of the proclamation controversy:
a. Illegal composition or proceedings of the board of canvassers; Within twenty-four hours from and after the presentation of a verbal
objection, the same shall be submitted in written form to the board of
b. The canvassed election returns are incomplete, contain material canvassers. Thereafter, the board of canvassers shall take up each
defects, appear to be tampered with or falsified, or contain contested return, consider the written objections thereto and summarily rule
discrepancies in the same returns or in other authentic copies thereon. Said ruling shall be made oral initially and then reduced to writing
thereof as mentioned in Sections 233, 234, 235 and 236 of this by the board within twenty-four hours from the time the oral ruling is made.
Code;
Any party adversely affected by an oral ruling on its/his objection shall
c. The election returns were prepared under duress, threats, coercion, immediately state orally whether it/he intends to appeal said ruling. The
or intimidation, or they are obviously manufactured or not authentic; said intent to appeal shall be stated in the minutes of the canvassing. If a
and party manifests its intent to appeal, the board of canvassers shall set aside
the return and proceed to rule on the other contested returns. When all the
d. When substitute or fraudulent returns in controverted polling places contested returns have been ruled upon by it, the board of canvassers shall
were canvassed, the results of which materially affected the suspend the canvass and shall make an appropriate report to the
standing of the aggrieved candidate or candidates. Commission, copy furnished the parties.
Sec. 244. Contested composition or proceedings of the board. - When The board of canvassers shall not proclaim any candidate as winner unless
the composition or proceedings of the board of canvassers are contested, authorized by the Commission after the latter has ruled on the objections
the board of canvassers shall, within twenty-four hours, make a ruling brought to it on appeal by the losing party and any proclamation made in
thereon with notice to the contestant who, if adversely affected, may appeal violation hereof shall be void ab initio, unless the contested returns will not
the matter to the Commission within five days after the ruling with proper adversely affect the results of the election.
notice to the board of canvassers. After due notice and hearing, the
Commission shall decide the case within ten days from the filing thereof. Sec. 246. Summary proceedings before the Commission. - All pre-
During the pendency of the case, the board of canvassers shall suspend proclamation controversies shall be heard summarily by the Commission
the canvass until the Commission orders the continuation or resumption after due notice and hearing, and its decisions shall be executory after the
thereof and citing their reasons or grounds therefor. lapse of five days from receipt by the losing party of the decision of the
Commission, unless restrained by the Supreme Court.
Sec. 245. Contested election returns. - Any candidate, political party or
coalition of political parties, contesting the inclusion or exclusion in the Sec. 247. Partial proclamation. - Notwithstanding the pendency of any
canvass of any election returns on any of the grounds authorized under this pre-proclamation controversy, the Commission may, motu proprio or upon
article or in Sections 234, 235 and 236 of Article XIX shall submit their the filing of a verified petition and after due notice and hearing, order the
verbal objections to the chairman of the board of canvassers at the time the proclamation of other winning candidates whose election will not be
questioned returns is presented for inclusion or exclusion, which objections affected by the outcome of the controversy.
shall be noted in the minutes of the canvassing.
Sec. 248. Effect of filing petition to annual or to suspend the
The board of canvassers upon receipt of any such objections shall proclamation. - The filing with the Commission of a petition to annual or to
automatically defer the canvass of the contested returns and shall proceed suspend the proclamation of any candidate shall suspend the running of
to canvass the rest of the returns which are not contested by any party. the period within which to file an election protest or quo warranto
proceedings
ELECTION CONTESTS metropolitan or municipal trial court, respectively, within ten days after the
proclamation of the results of the election.
Sec. 249. Jurisdiction of the Commission. - The Commission shall be
the sole judge of all contests relating to the elections, returns, and Sec. 254. Procedure in election contests. - The Commission shall
qualifications of all Members of the Batasang Pambansa, elective regional, prescribe the rules to govern the procedure and other matters relating to
provincial and city officials. election contests pertaining to all national, regional, provincial, and city
offices not later than thirty days before such elections. Such rules shall
Sec. 250. Election contests for Batasang Pambansa, regional, provide a simple and inexpensive procedure for the expeditious disposition
provincial and city offices. - A sworn petition contesting the election of of election contests and shall be published in at least two newspapers of
any Member of the Batasang Pambansa or any regional, provincial or city general circulation.
official shall be filed with the Commission by any candidate who has duly
filed a certificate of candidacy and has been voted for the same office, However, with respect to election contests involving municipal and
within ten days after the proclamation of the results of the election. barangay offices the following rules of procedure shall govern:
Sec. 251. Election contests for municipal offices. - A sworn petition a. Notice of the protest contesting the election of a candidate for a
contesting the election of a municipal officer shall be filed with the proper municipal or barangay office shall be served upon the candidate by
regional trial court by any candidate who has duly filed a certificate of means of a summons at the postal address stated in his certificate
candidacy and has been voted for the same office, within ten days after of candidacy except when the protestee, without waiting for the
proclamation of the results of the election. summons, has made the court understand that he has been notified
of the protest or has filed his answer hereto;
Sec. 252. Election contest for barangay offices. - A sworn petition
contesting the election of a barangay officer shall be filed with the proper
municipal or metropolitan trial court by any candidate who has duly filed a
certificate of candidacy and has been voted for the same office, within ten
days after the proclamation of the results of the election. The trial court b. The protestee shall answer the protest within five days after receipt
shall decide the election protest within fifteen days after the filing thereof. of the summons, or, in case there has been no summons from the
The decision of the municipal or metropolitan trial court may be appealed date of his appearance and in all cases before the commencement
within ten days from receipt of a copy thereof by the aggrieved party to the of the hearing of the protest or contest. The answer shall deal only
regional trial court which shall decide the case within thirty days from its with the election in the polling places which are covered by the
submission, and whose decisions shall be final. allegations of the contest;
Sec. 253. Petition for quo warranto. - Any voter contesting the election of c. Should the protestee desire to impugn the votes received by the
any Member of the Batasang Pambansa, regional, provincial, or city officer protestant in other polling places, he shall file a counter-protest
on the ground of ineligibility or of disloyalty to the Republic of the within the same period fixed for the answer serving a copy thereof
Philippines shall file a sworn petition for quo warranto with the Commission upon the protestant by registered mail or by personal delivery or
within ten days after the proclamation of the results of the election. through the sheriff;
Any voter contesting the election of any municipal or barangay officer on d. The protestant shall answer the counter-protest within five days
the ground of ineligibility or of disloyalty to the Republic of the Philippines after notice;
shall file a sworn petition for quo warranto with the regional trial court or
e. Within the period of five days counted from the filing of the protest and, within thirty days from the date of their submission for decision, but in
any other candidate for the same office may intervene in the case every case within six months after filing, decide the same.
as other contestants and ask for affirmative relief in his favor by a
petition in intervention, which shall be considered as another Sec. 259. Actual or compensatory damages. - Actual or compensatory
contest, except that it shall be substantiated within the same damages may be granted in all election contests or in quo warranto
proceedings. The protestant or protestee shall answer the protest in proceedings in accordance with law.
intervention within five days after notice;
Sec. 260. Notice of decisions. - The clerk of court and the corresponding
f. If no answer shall be filed to the contest, counter-protest, or to the official in the Commission before whom an election contest or a quo
protest in intervention, within the time limits respectively fixed, a warranto proceeding has been instituted or where the appeal of said case
general denial shall be deemed to have been entered; has been taken shall notify immediately the President of the Philippines of
the final disposition thereof. In election contests involving provincial, city,
g. In election contest proceedings, the permanent registry list of voters municipal, or barangay offices, notice of such final disposition shall also be
shall be conclusive in regard to the question as to who had the right sent to the secretary of the local sanggunian concerned. If the decision be
to vote in said election. that none of the parties has been legally elected, said official shall certify
such decision to the President of the Philippines and, in appropriate cases,
Sec. 255. Judicial counting of votes in election contest. - Where to the Commission.
allegations in a protest or counter-protest so warrant, or whenever in the
opinion of the court the interests of justice so require, it shall immediately ELECTION OFFENSES
order the book of voters, ballot boxes and their keys, ballots and other
documents used in the election be brought before it and that the ballots be Sec. 261. Prohibited Acts. - The following shall be guilty of an election
examined and the votes recounted. offense:
Sec. 256. Appeals. - Appeals from any decision rendered by the regional a. Vote-buying and vote-selling.
trial court under Section 251 and paragraph two, Section 253 hereof with
respect to quo warranto petitions filed in election contests affecting 1. Any person who gives, offers or promises money or
municipal officers, the aggrieved party may appeal to the Intermediate anything of value, gives or promises any office or
Appellate Court within five days after receipt of a copy of the decision. No employment, franchise or grant, public or private, or makes
motion for reconsideration shall be entertained by the court. The appeal or offers to make an expenditure, directly or indirectly, or
shall be decided within sixty days after the case has been submitted for cause an expenditure to be made to any person,
decision. association, corporation, entity, or community in order to
induce anyone or the public in general to vote for or against
Sec. 257. Decision in the Commission. - The Commission shall decide any candidate or withhold his vote in the election, or to vote
all election cases brought before it within ninety days from the date of their for or against any aspirant for the nomination or choice of a
submission for decision. The decision of the Commission shall become candidate in a convention or similar selection process of a
final thirty days after receipt of judgment. political party.
Sec. 258. Preferential disposition of contests in courts. - The courts, in 2. Any person, association, corporation, group or community
their respective cases, shall give preference to election contests over all who solicits or receives, directly or indirectly, any
other cases, except those of habeas corpus, and shall without delay, hear
expenditure or promise of any office or employment, public campaign or vote for or against any candidate, or any
or private, for any of the foregoing considerations. aspirant for the nomination or selection of candidates.
b. Conspiracy to bribe voters. - Two or more persons, whether e. Threats, intimidation, terrorism, use of fraudulent device or other
candidates or not, who come to an agreement concerning the forms of coercion. - Any person who, directly or indirectly,
commission of any violation of paragraph (a) of this section and threatens, intimidates or actually causes, inflicts or produces any
decide to commit it. violence, injury, punishment, damage, loss or disadvantage upon
any person or persons or that of the immediate members of his
c. Wagering upon result of election. - Any person who bets or wagers family, his honor or property, or uses any fraudulent device or
upon the outcome of, or any contingency connected with an scheme to compel or induce the registration or refraining from
election. Any money or thing of value or deposit of money or thing registration of any voter, or the participation in a campaign or
of value situated anywhere in the Philippines put as such bet or refraining or desistance from any campaign, or the casting of any
wager shall be forfeited to the government. vote or omission to vote, or any promise of such registration,
campaign, vote, or omission therefrom.
d. Coercion of subordinates.
f. Coercion of election officials and employees. - Any person who,
1. Any public officer, or any officer of any public or private directly or indirectly, threatens, intimidates, terrorizes or coerces
corporation or association, or any head, superior, or any election official or employee in the performance of his election
administrator of any religious organization, or any employer functions or duties;
or land-owner who coerces or intimidates or compels, or in
any manner influence, directly or indirectly, any of his g. Appointment of new employees, creation of new position,
subordinates or members or parishioners or employees or promotion, or giving salary increases. - During the period of forty-
house helpers, tenants, overseers, farm helpers, tillers, or five days before a regular election and thirty days before a special
lease holders to aid, campaign or vote for or against any election,
candidate or any aspirant for the nomination or selection of
candidates; 1. any head, official or appointing officer of a government
office, agency or instrumentality, whether national or local,
2. Any public officer or any officer of any commercial, including government-owned or controlled corporations, who
industrial, agricultural, economic or social enterprise or appoints or hires any new employee, whether provisional,
public or private corporation or association, or any head, temporary or casual, or creates and fills any new position,
superior or administrator of any religious organization, or except upon prior authority of the Commission. The
any employer or landowner who dismisses or threatens to Commission shall not grant the authority sought unless, it is
dismiss, punishes or threatens to punish be reducing his satisfied that the position to be filled is essential to the
salary, wage or compensation, or by demotion, transfer, proper functioning of the office or agency concerned, and
suspension, separation, excommunication, ejectment, or that the position shall not be filled in a manner that may
causing him annoyance in the performance of his job or in influence the election.
his membership, any subordinate member or affiliate,
parishioner, employee or house helper, tenant, overseer, As an exception to the foregoing provisions, a new
farm helper, tiller, or lease holder, for disobeying or not employee may be appointed in case of urgent need:
complying with any of the acts ordered by the former to aid, Provided, however, That notice of the appointment shall be
given to the Commission within three days from the date of k. Unlawful electioneering. - It is unlawful to solicit votes or undertake
the appointment. Any appointment or hiring in violation of any propaganda on the day of registration before the board of
this provision shall be null and void; election inspectors and on the day of election, for or against any
candidate or any political party within the polling place and with a
2. Any government official who promotes, or gives any radius of thirty meters thereof.
increase of salary or remuneration or privilege to any
government official or employee, including those in l. Prohibition against dismissal of employees, laborers, or tenants. -
government-owned or controlled corporations. No employee or laborer shall be dismissed, nor a tenant be ejected
from his landholdings for refusing or failing to vote for any candidate
h. Transfer of officers and employees in the civil service. - Any public of his employer or landowner. Any employee, laborer or tenant so
official who makes or causes any transfer or detail whatever of any dismissed or ejected shall be reinstated and the salary or wage of
officer or employee in the civil service including public school the employee or laborer, or the share of the harvest of the tenant,
teachers, within the election period except upon prior approval of shall be restored to the aggrieved party upon application to the
the Commission. proper court.
i. Intervention of public officers and employees. - Any officer or m. Appointment or use of special policemen, special agents,
employee in the civil service, except those holding political offices; confidential agents or the like. - During the campaign period, on the
any officer, employee, or member or the Armed Forces of the day before and on election day, any appointing authority who
Philippines, or any police force, special forces, home defense appoints or any person who utilizes the services of special
forces, barangay self-defense units and all other para-military units policemen, special agents, confidential agents or persons
that now exist or which may hereafter be organized who, directly or performing similar functions; persons previously appointed as
indirectly, intervenes in any election campaign or engages in any special policemen, special agents, confidential agents or persons
partisan political activity, except to vote or to preserve public order, performing similar functions who continue acting as such, and those
if he is a peace officer. who fail to turn over their firearms, uniforms, insignias and other
badges of authority to the proper officer who issued the same.
4. Any member of the board of election inspectors who 12. Any person who transfers or causes the transfer of the
approves any application which on its face shows that the registration record of a voter to the book of voters of another
applicant does not possess all the qualifications prescribed polling place, unless said transfer was due to a change of
by law for a voter; or who disapproves any application which address of the voter and the voter was duly notified of his
on its face shows that the applicant possesses all such new polling place.
qualifications.
13. Any person who asks, demands, takes, accepts or 3. Any person who votes in substitution for another whether
possesses, directly or indirectly, the voter's affidavit of with or without the latter's knowledge and/or consent.
another, in order to induce the latter to withhold his vote, or
to vote for or against any candidate in an election or any 4. Any person who, not being illiterate or physically disabled,
issue in a plebiscite or referendum. It shall be presumed allows his ballot to be prepared by another, or any person
prima facie that the asking, demanding, taking, accepting, or who prepares the ballot of another who is not illiterate or
possessing is with such intent if done within the period physically disabled, with or without the latter's knowledge
beginning ten days before election day and ending ten days and/or consent.
after election day, unless the voter's affidavit of another and
the latter are both members of the same family. 5. Any person who avails himself of any means of scheme to
discover the contents of the ballot of a voter who is
14. Any person who delivers, hands over, entrusts, gives, preparing or casting his vote or who has just voted.
directly or indirectly his voter's affidavit to another in
consideration of money or other benefit or promises thereof, 6. Any voter who, in the course of voting, uses a ballot other
or takes or accepts such voter's affidavit directly or than the one given by the board of election inspectors or has
indirectly, by giving or causing the giving of money or other in his possession more than one official ballot.
benefit or making or causing the making of a promise
thereof.
7. Any person who places under arrest or detains a voter
without lawful cause, or molests him in such a manner as to
15. Any person who alters in any manner, tears, defaces, obstruct or prevent him from going to the polling place to
removes or destroys any certified list of voters. cast his vote or from returning home after casting his vote,
or to compel him to reveal how he voted.
16. Any person who takes, carries or possesses any blank or
unused registration form already issued to a city or 8. Any member of the board of election inspectors charged
municipality outside of said city or municipality except as with the duty of reading the ballot during the counting of
otherwise provided in this Code or when directed by express votes who deliberately omits to read the vote duly written on
order of the court or of the Commission. the ballot, or misreads the vote actually written thereon or
reads the name of a candidate where no name is written on
17. Any person who maliciously omits, tampers or transfers to the ballot.
another list the name of a registered voter from the official
list of voters posted outside the polling place. 9. Any member of the board of election inspectors charged
with the duty of tallying the votes in the tally board or sheet,
z. On voting: election returns or other prescribed form who deliberately
fails to record a vote therein or records erroneously the
1. Any person who fails to cast his vote without justifiable votes as read, or records a vote where no such vote has
excuse. been read by the chairman.
2. Any person who votes more than once in the same election, 10. Any member of a board of election inspectors who has
or who, not being a registered voter, votes in an election. made possible the casting of more votes than there are
registered voters.
11. Any person who, for the purpose of disrupting or obstructing 18. Any person who, without authority, prints or causes the
the election process or causing confusion among the voters, printing of any ballot or election returns that appears as
propagates false and alarming reports or information or official ballots or election returns or who distributes or
transmits or circulates false orders, directives or messages causes the same to be distributed for use in the election,
regarding any matter relating to the printing of official ballots, whether or not they are actually used.
the postponement of the election, the transfer of polling
place or the general conduct of the election. 19. Any person who, without authority, keeps, uses or carries
out or causes to be kept, used or carried out, any official
12. Any person who, without legal authority, destroys, ballot or election returns or printed proof thereof, type-form
substitutes or takes away from the possession of those mould, electro-type printing plates and any other plate,
having legal custody thereof, or from the place where they numbering machines and other printing paraphernalia being
are legally deposited, any election form or document or used in connection with the printing of official ballots or
ballot box which contains official ballots or other documents election returns.
used in the election.
20. Any official or employee of any printing establishment or of
13. Any person having legal custody of the ballot box containing the Commission or any member of the committee in charge
the official ballots used in the election who opens or of the printing of official ballots or election returns who
destroys said box or removes or destroys its contents causes official ballots or election returns to be printed in
without or against the order of the Commission or who, quantities exceeding those authorized by the Commission or
through his negligence, enables any person to commit any who distributes, delivers, or in any manner disposes of or
of the aforementioned acts, or takes away said ballot box causes to be distributed, delivered, or disposed of, any
from his custody. official ballot or election returns to any person or persons not
authorized by law or by the Commission to receive or keep
14. Any member of the board of election inspectors who official ballots or election returns or who sends or causes
knowingly uses ballots other than the official ballots, except them to be sent to any place not designated by law or by the
in those cases where the use of emergency ballots is Commission.
authorized.
21. Any person who, through any act, means or device, violates
15. Any public official who neglects or fails to properly preserve the integrity of any official ballot or election returns before or
or account for any ballot box, documents and forms received after they are used in the election.
by him and kept under his custody.
22. Any person who removes, tears, defaces or destroys any
16. Any person who reveals the contents of the ballot of an certified list of candidates posted inside the voting booths
illiterate or disabled voter whom he assisted in preparing a during the hours of voting.
ballot.
23. Any person who holds or causes the holding of an election
17. Any person who, without authority, transfers the location of a on any other day than that fixed by law or by the
polling place. Commission, or stops any election being legally held.
2. Any member of any board of election inspectors or board of
canvassers who, without justifiable reason, refuses to sign
and certify any election form required by this Code or
24. Any person who deliberately blurs his fingerprint in the prescribed by the Commission although he was present
voting record during the meeting of the said body.
2. Any member of the board of canvassers who proceeds with 4. Any person who, in the presence or within the hearing of
the canvass of the votes and/or proclamation of any any board of election inspectors or board of canvassers
candidate which was suspended or annulled by the during any of its meetings, conducts himself in such a
Commission. disorderly manner as to interrupt or disrupt the work or
proceedings to the end of preventing said body from
performing its functions, either partly or totally.
3. Any member of the board of canvassers who proceeds with
the canvass of votes and/or proclamation of any candidate
in the absence of quorum, or without giving due notice of the 5. Any public official or person acting in his behalf who relieves
date, time and place of the meeting of the board to the any member of any board of election inspectors or board of
candidates, political parties, and/or other members of the canvassers or who changes or causes the change of the
board. assignments of any member of said board of election
inspectors or board of canvassers without authority of the
Commission.
4. Any member of the board of canvassers who, without
authority of the Commission, uses in the canvass of votes
and/or proclamation of any candidate any document other cc. On candidacy and campaign:
than the official copy of the election returns.
1. Any political party which holds political conventions or
meetings to nominate its official candidates earlier that the
period fixed in this Code.
bb. Common to all boards of election inspectors and boards of
canvassers: 2. Any person who abstracts, destroys or cancels any
certificate of candidacy duly filed and which has not been
1. Any member of any board of election inspectors or board of cancelled upon order of the Commission.
canvassers who deliberately absents himself from the
meetings of said body for the purpose of obstructing or 3. Any person who misleads the board of election inspectors
delaying the performance of its duties or functions. by submitting any false or spurious certificate of candidacy
or document to the prejudice of a candidate.
4. Any person who, being authorized to receive certificates of 4. Refusal to carry election mail matter. - Any operator or
candidacy, receives any certificate of candidacy outside the employee of a public utility or transportation company
period for filing the same and makes it appear that said operating under a certificate of public convenience, including
certificate of candidacy was filed on time; or any person government-owned or controlled postal service or its
who, by means of fraud, threat, intimidation, terrorism or employees or deputized agents who refuse to carry official
coercion, causes or compels the commission of said act. election mail matters free of charge during the election
period. In addition to the penalty prescribed herein, such
5. Any person who, by any device or means, jams, obstructs or refusal shall constitute a ground for cancellation or
interferes with a radio or television broadcast of any lawful revocation of certificate of public convenience or franchise.
political program.
5. Prohibition against discrimination in the sale of air time. -
6. Any person who solicits votes or undertakes any Any person who operates a radio or television station who
propaganda, on the day of election, for or against any without justifiable cause discriminates against any political
candidate or any political party within the polling place or party, coalition or aggroupment of parties or any candidate
within a radius of thirty meters thereof. in the sale of air time. In addition to the penalty prescribed
herein, such refusal shall constitute a ground for
cancellation or revocation of the franchise.
dd. Other prohibitions:
Sec. 262. Other election offenses. - Violation of the provisions, or
1. Any person who sells, furnishes, offers, buys, serves or pertinent portions, of the following sections of this Code shall constitute
takes intoxicating liquor on the days fixed by law for the election offenses:
registration of voters in the polling place, or on the day Sections 9, 18, 74, 75, 76, 80, 81, 82, 83, 84, 85, 86, 87, 88, 89, 95, 96, 97,
before the election or on election day: Provided, That hotels 98, 99, 100, 101, 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 1
and other establishments duly certified by the Ministry of 22, 123, 127, 128, 129, 132, 134, 135, 145, 148, 150, 152, 172, 173, 174,
Tourism as tourist oriented and habitually in the business of 178, 180, 182, 184, 185, 186, 189, 190, 191, 192, 194, 195, 196, 197, 198,
catering to foreign tourists may be exempted for justifiable 202, 203, 204, 205, 206, 207, 208, 209, 210, 211, 212, 213, 214, 215, 216
reasons upon prior authority of the Commission: Provided, , 217, 218, 219, 220, 223, 229, 230, 231, 233, 234, 235, 236, 239 and 240.
further, That foreign tourists taking intoxicating liquor in said
authorized hotels or establishments are exempted from the Sec. 263. Persons criminally liable. - The principals, accomplices, and
provisions of this subparagraph. accessories, as defined in the Revised Penal Code, shall be criminally
liable for election offenses. If the one responsible be a political party or an
2. Any person who opens in any polling place or within a radius entity, its president or head, the officials and employees of the same,
of thirty meters thereof on election day and during the performing duties connected with the offense committed and its members
counting of votes, booths or stalls of any kind for the sale, who may be principals, accomplices, or accessories shall be liable, in
dispensing or display of wares, merchandise or addition to the liability of such party or entity.
refreshments, whether solid or liquid, or for any other
purposes. Sec. 264. Penalties. - Any person found guilty of any election offense
under this Code shall be punished with imprisonment of not less than one
3. Any person who holds on election day, fairs, cockfights, year but not more than six years and shall not be subject to probation. In
boxing, horse races, jai-alai or any other similar sports. addition, the guilty party shall be sentenced to suffer disqualification to hold
public office and deprivation of the right of suffrage. If he is a foreigner, he If the offense charged is punishable under a presidential decree whether
shall be sentenced to deportation which shall be enforced after the prison originally or by amendment of a previous law, the death penalty shall not
term has been served. Any political party found guilty shall be sentenced to be imposed upon the offender except where murder, rape or arson is
pay a fine of not less than ten thousand pesos, which shall be imposed involved. In all cases, the penalty shall not be higher than reclusion
upon such party after criminal action has been instituted in which their perpetua and the offender shall be entitled to reasonable bail upon
corresponding officials have been found guilty. sufficient sureties to be granted speedily by the competent court. Moreover,
loss of the right of citizenship and confiscation of property shall not be
In case of prisoner or prisoners illegally released from any penitentiary or imposed.
jail during the prohibited period as provided in Section 261, paragraph (n)
of this Code, the director of prisons, provincial warden, keeper of the jail or Any officer or a person who shall violate any provision of this section shall
prison, or persons who are required by law to keep said prisoner in their be punished by imprisonment of not less than six (6) years and one (1) day
custody shall, if convicted by a competent court, be sentenced to suffer the nor more than twelve (12) years, with the accessory penalties for election
penalty of prision mayor in its maximum period if the prisoner or prisoners offenses. The provision of Section 267 of this Code shall not apply to
so illegally released commit any act of intimidation, terrorism of interference prosecution under this section.
in the election.
Sec. 267. Prescription. - Election offenses shall prescribe after five years
Any person found guilty of the offense of failure to register or failure to vote from the date of their commission. If the discovery of the offense be made
shall, upon conviction, be fined one hundred pesos. In addition, he shall in an election contest proceedings, the period of prescription shall
suffer disqualification to run for public office in the next succeeding election commence on the date on which the judgment in such proceedings
following his conviction or be appointed to a public office for a period of one becomes final and executory.
year following his conviction.
Sec. 268. Jurisdiction of courts. - The regional trial court shall have the
Sec. 265. Prosecution. - The Commission shall, through its duly exclusive original jurisdiction to try and decide any criminal action or
authorized legal officers, have the exclusive power to conduct preliminary proceedings for violation of this Code, except those relating to the offense
investigation of all election offenses punishable under this Code, and to of failure to register or failure to vote which shall be under the jurisdiction of
prosecute the same. The Commission may avail of the assistance of other the metropolitan or municipal trial courts. From the decision of the courts,
prosecuting arms of the government: Provided, however, That in the event appeal will lie as in other criminal cases.
that the Commission fails to act on any complaint within four months from
his filing, the complainant may file the complaint with the office of the fiscal Sec. 269. Preferential disposition of election offenses. - The
or with the Ministry of Justice for proper investigation and prosecution, if investigation and prosecution of cases involving violations of the election
warranted. laws shall be given preference and priority by the Commission on Elections
and prosecuting officials. Their investigation shall be commenced without
Sec. 266. Arrest in connection with the election campaign. - No person delay, and shall be resolved by the investigating officer within five days
shall be arrested and/or detained at any time for any alleged offense from its submission for resolution. The courts shall likewise give preference
committed during and in connection with any election through any act or to election offenses over all other cases, except petitions for writ of habeas
language tending to support or oppose any candidate, political party or corpus. Their trial shall likewise be commenced without delay, and shall be
coalition of political parties under or pursuant to any order of whatever conducted continuously until terminated, and the case shall be decided
name or nature and by whomsoever issued except only upon a warrant of within thirty days from its submission for decision.
arrest issued by a competent judge after all the requirements of
the Constitution shall have been strictly complied with.