XV.

PETITION TO ANNUL OR SUSPEND PROCLAMATION

(1) Partial or total suspension or annulment of proclamation. — It may motu proprio or upon written petition,8 and after due notice and hearing, order the partial or
total suspension of the proclamation of any candidate-elect or annul partially or totally any proclamation, if one has been made, as the evidence shall warrant. The
reason for this is that unless the proclamation of a winning candidate is suspended, or, if it has been held, set aside, the policy behind the allowance of pre-
proclamation controversies, i.e., to prevent losing candidates from grabbing the proclamation and delaying the resolution of the electoral contest, will be defeated.

*Pimentel III v. Commission on Elections, 548 SCRA 169 (2008). 6R.A. No. 7166, secs. 15 and 30. The phrase "motu proprio" does not refer to the annulment of
proclamation but to the manner of initiating the proceedings to annul a proclamation made by the board of canvassers. (Sandoval v. Commission on Elections, 323
SCRA 403 [2000].)

*"The filing with the Commission of a petition to annul or suspend the proclamation of any candidate shall suspend the running of the period within which to file an
election protest or quo warranto proceedings." (B.P. Big. 881, sec. 248; see Roquero v. Commission on Elections, 289 SCRA 150 [1998].)

*The right of the prevailing party in a pre-proclamation case to the execution of the Commission's decision (i.e., to be proclaimed and to assume office) after the lapse
of five (5) days from receipt of said decision by the losing party, unless restrained by the Supreme Court, does not bar the losing party from the filing an election contest
within the ten-day period fixed in Section 251 of the Omnibus Election Code. The absence of a restraining order from the Supreme Court simply allows the prevailing
party to be proclaimed and assume office. In the light of Section 248, the reglementary period for filing an election protest is suspended during the pendency of a pre-
proclamation controversy in the Commission and the Supreme Court until receipt by the petitioner of the Supreme Courts' final resolution dismissing his petition for
review of the Commission's decision in the case. The appeal by certiorari to the Supreme Court which is a right secured to the defeated party by the Constitution (art.
IX, A-sec. 7 thereof.) is part of the annulment proceedings. (Gallardo v. Rimando, 187 SCRA 463 [1990].)

Suspension of proclamation and period for filing of election protest. Section 248 of the Omnibus Election Code, reads: ''Effect of filing
petition to annul or to suspend the proclamation. — The filing with the Commission [on Elections] of a petition to annul or to suspend
the proclamation of any candidate shall suspend the running of the period within which to file an election protest or quo warranto
proceedings." This provision covers the filing of pre-proclamation of controversies. This is clear from Section 242 of the Code which
reads:

"Commission's exclusive jurisdiction of all pre-proclamation controversies. — The Commission [on Elections] shall have
exclusive jurisdiction of all pre-proclamation controversies. It may motu proprio or upon written petition, and after due
notice and hearing, order the partial or total suspension of the proclamation of any candidate-elect or annul partially or
totally any proclamation, if one has been made, as the evidence shall warrant in accordance with the succeeding sections."

The suspension of the statutory period for the filing of an election protest until such time as the Commission on Elections has finally
decided the pending pre-proclamation controversy is but logical and just, since if the protestant prevails in the pre- proclamation
controversy, there would be no further need for him to file a regular election protest. The filing of pre-proclamation controversies
under Section 248 of the Omnibus Election Code, however, is not the only ground for the suspension of proclamation. Two other
instances are provided in R.A. No. 6646, known as "The Electoral Reforms Law of 1987," viz.: (1) Under Section 6 of the statute, the
COMELEC may, upon motion of the complainant in an action for disqualification, suspend the proclamation of the winning40 candidate
if the evidence of his guilt is strong, and (2) under Section 741 thereof, the COMELEC may likewise suspend the proclamation of the
winning candidate if there is ground for denying or cancelling his certificate of candidacy.
*"Sec. 6. Effect of Disqualification Case. — Any candidate who has been declared by final judgment to be disqualified shall not be voted for, and the votes cast for him
shall not be counted. If for any reason a candidate is not declared by final judgment before an election to be disqualified and he is voted for and receives the winning
number of votes in such election, the Court or Commission shall continue with the trial and hearing of the action, inquiry or protest and, upon motion of the complainant
or any intervenor, may during the pendency thereof order the suspension of the proclamation of such candidate whenever the evidence of his guilt is strong.

*Sec. 7. Petition to deny due course to or cancel a certificate of candidacy. — The procedure hereinabove provided shall apply to petitions to deny due course to or
cancel a certificate of candidacy as provided in Section 78 of Batas Pambansa Big. 881. 42Dagloc v. Commission on Elections, 321 SCRA 273 (1999); Tan v. Commission
on Elections, 417 SCRA 552 (2003).

These actions are in the nature of pre-proclamation controversies and, therefore, like pre-proclamation contests, their filing is a ground
for the suspension of proclamation and, consequently, of the period for filing either an election protest or a petition for quo warranto
« An order of the COMELEC suspending proclamation is merely provisional in nature and can be lifted when the evidence so warrants.
It is said to be akin to a temporary restraining order which a court can issue ex parte under exigent circumstances.

XVI. DECLARATION OF FAILURE OF ELECTIONS

Where election returns found to be spurious or falsified. Outright exclusion of election returns on the ground that they were fraudulently prepared
by some members or nonmembers of the Board of Election Inspectors disenfranchises the voters. Hence, when election returns are found to be
spurious or falsified, Section 235 of the Omnibus Election Code provides the procedure which enables the COMELEC to ascertain the will of the
electorate. Said section provides.

"x x x The Commission shall then, after giving notice to all candidates concerned and after satisfying itself that nothing in the ballot box
indicate that its identity and integrity have been violated, order the opening of the ballot box and, likewise after satisfying itself that the
integrity of the ballots therein has been duly preserved, shall order the board of election inspectors to recount the votes of the candidates
affected and prepare a new return which shall then be used by the board of canvassers as basis of the canvass."

Nevertheless, if the integrity of the ballots has been violated, the COMELEC need not recount the ballots but should seal the ballot box and order its
safekeeping in accordance with Section 23727 of the Omnibus Election Code.

*Sec. 237. When integrity of ballots is violated. — If upon the opening of the ballot box as ordered by the Commission under Sections 234, 235 and 236, hereof, it
should appear that there are evidence or sign of replacement, tampering or violations of the integrity of the ballots, the Commission shall not recount the ballots, but
shall forthwith seal the ballot box and order its safekeeping." See Ewoc v. Commission on Elections, 520 SCRA 427 (2007).
Distinction between action for declaration of failure of election and pre-proclamation controversy. An action for a declaration of
the failure of election is not in the nature of a pre-proclamation controversy. While the COMELEC is restricted in pre-proclamation
cases to an examination of the election returns on their face and is without jurisdiction to go beyond or behind them and investigate
election irregularities, the COMELEC is duty bound to investigate allegations of fraud, terrorism, violence and other analogous causes
in actions for annulment of election results or for declaration of failure of elections, as the Omnibus Election Code denominates the
same. Thus, the COMELEC, in the case of actions for annulment of election results or declaration of failure of elections, may conduct
technical examination of election documents and compare and analyze voters' signatures and fingerprints in order to determine
whether or not the elections had indeed been free, honest and clean. Needless to say, a pre-proclamation controversy is not the same
as an action for annulment of election results or declaration of failure of elections.

XVII. DISQUALIFICATION CASES (NOT SURE???)

1. PROCEDURE
2. EFFECT
Remedy after winning candidate has been proclaimed.

(1) Electoral protest before the proper forum. — After proclamation and assumption of office by the candidate whose election is
contested, a pre-proclamation controversy is no longer viable and should be dismissed, the proper remedy being an electoral protest
before the proper forum. Instead of submission of mere affidavits, the parties would be able to present witnesses subject to the right
of confrontation. Recourse to such a remedy would settle the matters in controversy conclusively and once and for all.46 Where an
elected official had been duly proclaimed and had taken his oath of office, he is entitled to all the right of said office unless his election
is annulled. Therefore, his exercise of his rights as such official can in no way cause an irreparable injury or violate the right of the
losing candidate so as to justify the issuance of a temporary restraining order (RTO) "to maintain the status quo."

(2) When proclaimed candidate may still be unseated. —Although already proclaimed and installed in office, the prevailing candidate
may still be unseated:
(a) When his opponent is adjudged the true winner of the election by a final judgment of a court in the election contest;
(b) When the prevailing party is declared illegible or disqualified by final judgment of a court in a quo warranto case;
(c) When the incumbent is removed from office for cause; or
(d) When the proclamation is null and void for in such case the proclamation is no proclamation at all and the proclaimed candidate's
assumption of office cannot deprive the Commission on Elections of the power to make such declaration of nullity.

Contested composition or proceedings of the board of canvassers. Parties adversely affected by a ruling of the board of canvassers
on questions affecting the composition or proceedings of the board may appeal the matter to the Commission within three (3) days
from a ruling thereon. The Commission shall summarily decide the case within five (5) days from the filing thereof.
 COMELEC RULES OF PROCEDURE
February 15, 1993

Pursuant to Section 6 of Article IX-A and Section 3 of Article IX-C of the Constitution of the Republic of the Philippines and the powers vested in it by
existing laws, the Commission on Elections hereby promulgates the following rules governing pleadings, practice and procedure before it or any of
its offices:

PART I
INTRODUCTORY PROVISIONS
Rule 1 - Title and Construction

Section 1. Title of the Rules. - These rules shall be known and cited as the Comelec Rules of Procedure.

Sec. 2. Applicability. - These rules, except Part VI, shall apply to all actions and proceedings brought before the Commission. Part VI shall apply to
election contests and quo warranto cases cognizable by courts of general jurisdiction.

Sec. 3. Construction. - These rules shall be liberally construed in order to promote the effective and efficient implementation of the objectives of
ensuring the holding of free, orderly, honest, peaceful and credible elections and to achieve just, expeditious and inexpensive determination and
disposition of every action and proceeding brought before the Commission

PART V
PARTICULAR ACTIONS OR PROCEEDINGS
A. ORDINARY ACTIONS
Rule 20 - Election Protests

Section 1. Filing of Election Protest. - A verified petition contesting the election of any regional, provincial or city official shall be filed by any
candidate who duly filed a certificate of candidacy and has been voted for the same office, within ten (10) days after the proclamation of the
results of the election.

Each contest shall refer exclusively to one office, but contests for offices of the Sangguniang Pampook, Sangguniang Panlalawigan or Sangguniang
Panglungsod may be consolidated in a single case.

Sec. 2. Contents of Answer. - The answer must specify the nature of the defense and may set forth special and affirmative defenses.

Sec. 3. Counter-Protest or Counterclaim. - The protestee may incorporate in his answer a counter-protest or a counterclaim.

Sec. 4. General Denial. - If no answer is filed to the protest or counter-protest, a general denial shall be deemed to have been entered.

Sec. 5. Protestant's Reply. - The protestant may file a reply.

Sec. 6. Revision of Ballots. - When the allegations in a protest or counter-protest so warrant, or whenever in the opinion of the Commission or
Division the interest of justice so demands, it shall immediately order the ballot boxes containing ballots and their keys, list of voters with voting
records, book of voters, and other documents used in the election to be brought before the Commission, and shall order the revision of the ballots.

Sec. 7. Composition and Compensation of Revision Committee. - For the above purpose, the Commission may constitute a committee on the
revision of ballots which shall be composed of the following with the corresponding compensation per ballot box contested:

1. A Chairman, who shall be a lawyer of the Commission - P150.00

2. One Revisor/Alternate for the Protestant - P100.00
3. One Revisor/Alternate for the Protestee - P100.00
Other Support Staff:
4. Clerk - P50.00
5. Typist - P50.00
6. Ballot Box Custodian - P50.00

Sec. 8. Revision Expenses. - The compensation of the members and staff shall be deducted from the cash deposit of the protestant or the protestee
as the case may be, and other incidental expenses such as supplies and transportation in the supplies and transportation in the gathering of the
protested ballot boxes.

Sec. 9. Venue of the Revision. - The revision of ballots shall be made in the Office of the Clerk of Court concerned or at such places as the
Commission or Division shall designate and shall be completed within three (3) months from the date of the order; unless otherwise directed by the
Commission.

Sec. 10. Custody of Election Records and Paraphernalia. - The ballot boxes containing ballots and their keys, the list of voters with the voting
records, book of voters, and other documents used in the election, shall be kept and held secure in a place to be designated by the Commission, in
the care and custody of the ballot box custodian of the Electoral Contests Adjudication Department and under the authority of the Chairman.

Sec. 11. Report of Committee on Revision. - The committee on revision of ballots shall make a statement of the condition in which the ballot boxes
and their contents were found upon the opening of the same, and shall classify the ballots so examined and set forth clearly any objection that may
have been offered to each ballot in the report to be submitted by them. Disputed ballots shall be numbered consecutively for purposes of
identification in the presence and under the direction of the committee chairman. After examination, the ballots and other election documents
shall be returned to their respective boxes under lock but disputed ballots shall be placed in a separate envelope duly sealed and signed by the
members of the committee and then returned to the box. For purposes of making said report, which shall be submitted in twelve (12) legible
copies, only the prescribed form prepared by the Commission shall be used.

Sec. 12. Prohibited Access. - During the revision of ballots, no person other than the Members of the Commission, members of the committee on
revision of ballots, the Clerk of Court concerned or the latter's authorized representatives and the parties, their attorney or their duly authorized
representatives shall have access to the place where said revision is taking place.
Sec. 13. Book of Voters as Evidence. - In election contests, the book of voters shall be conclusive in regard to the question as to who has the right to
vote in said election.

Rule 21 - Quo warranto

Sec. 1. Petition for Quo Warranto. - Any voter contesting the election of any regional, provincial or city official on the ground of ineligibility or of
disloyalty to the Republic of the Philippines may file a petition for quo warranto with the Electoral Contests Adjudication Department.

Sec. 2. Period Within Which to File. - A petition for quo warranto may be filed within ten (10) days from the date the respondent is proclaimed.

Rule 25 - Disqualification of Candidates

Section 1. Grounds for Disqualification. - Any candidate who does not possess all the qualifications of a candidate as provided for by the Constitution
or by existing law or who commits any act declared by law to be grounds for disqualification may be disqualified from continuing as a candidate.

Sec. 2. Who May File Petition for Disqualification. - Any citizen of voting age, or duly registered political party, organization or coalition of political
parties may file with the Law Department of the Commission a petition to disqualify a candidate on grounds provided by law.

Sec. 3. Period to File Petition. - The petition shall be filed any day after the last day for filing of certificates of candidacy but not later than the date of
proclamation.

Sec. 4. Summary Proceeding. - The petition shall be heard summarily after due notice.

Sec. 5. Effect of Petition if Unresolved Before Completion of Canvass. - If the petition, for reasons beyond the control of the Commission, cannot be
decided before the completion of the canvass, the votes cast for the respondent may be included in the counting and in the canvassing; however, if
the evidence of guilt is strong, his proclamation shall be suspended notwithstanding the fact that he received the winning number of votes in such
election.

Rule 26 - Postponement or Suspension of Elections

Section 1. Postponement of Election. - When for any serious cause such as violence, terrorism, loss or destruction of election paraphernalia or
records, force majeure, and other analogous causes of such nature that the holding of a free, orderly, honest, peaceful and credible election should
become impossible in any political subdivision, the Commission, motu proprio, or upon a verified petition by any interested party, and after due
notice and hearing whereby all interested parties are afforded equal opportunity to be heard, may 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 of election, but not later than thirty (30)
days after the cessation of the cause of such postponement or suspension of the election or failure to elect.

Sec. 2. Failure of Election. - If, on account of force majeure, violence, terrorism, fraud or other analogous causes the election in any precinct has not
been held on the date fixed, or had been suspended before the hour fixed by law for the closing of the voting, or after the voting and during the
preparation and the transmission of the election returns or in the custody of canvass thereof, such election results in a failure to elect, and in any of
such cases the failure or suspension of election would affect the result of the election, the Commission shall, on the basis of a verified petition by any
interested party and after due notice and hearing, call for the holding or continuation of the election not held, suspended or which resulted in a
failure to elect on a date reasonably close to the date of the election not held, suspended or which resulted in a failure to elect but not later than
thirty (30) days after the cessation of the cause of such postponement or suspension of the election or failure to elect.

Sec. 3. Motu Proprio Postponement. - When the Commission acts motu proprio, notices of hearing must be sent to all interested parties by the
fastest means available.

Sec. 4. When Based Upon a Verified Petition. - Unless a shorter period is deemed necessary by circumstances, within twenty-four (24) hours from
the filing of the petition, the Clerk of Court concerned shall forthwith serve notices to all interested parties, indicating therein the date of hearing,
through the fastest means available.

Sec. 5. Time to File Opposition. - Unless a shorter period is deemed necessary by the circumstances, within two (2) days from receipt of the notice of
hearing, any interested party may file an opposition with the Law Department of the Commission.

Sec. 6. Summary Proceeding. - The hearing of the case shall be summary in nature.

Sec. 7. Delegation of Reception of Evidence. - The Commission may designate any of its officials who are members of the Philippine Bar to hear the
case and to receive evidence.

Sec. 8. Determination of Cessation of Cause. - The determination of the cessation of the cause of the postponement or suspension of election or
failure of election falls within the exclusive prerogative of the Commission.

G. ELECTION OFFENSES

Rule 34 - Prosecution of Election Offenses

Section 1. Authority of the Commission to Prosecute Election Offenses.chanrobles virtual law library - The Commission shall have the exclusive power
to conduct preliminary investigation of all election offenses punishable under the election laws and to prosecute the same, except as may otherwise
be provided by law.

Sec. 2. Continuing Delegation of Authority to Other Prosecution Arms of the Government. - The Chief State Prosecutor, all Provincial and City Fiscals,
and/or their respective assistants are hereby given continuing authority, as deputies of the Commission, to conduct preliminary investigation of
complaints involving election offenses under the election laws which may be filed directly with them, or which may be indorsed to them by the
Commission or its duly authorized representatives and to prosecute the same. Such authority may be revoked or withdrawn any time by the
Commission whenever in its judgment such revocation or withdrawal is necessary to protect the integrity of the Commission, promote the common
good, or when it believes that successful prosecution of the case can be done by the Commission.

Sec. 3. Initiation of Complaint. - Initiation of complaint for election offenses may be done motu proprio by the Commission, or upon written complaint
by any citizen of the Philippines, candidate, registered political party, coalition of political parties or organizations under the partylist system or any
accredited citizens arms of the Commission.

Sec. 4. Form of Complaint and Where to File. - (a) When not initiated motu proprio by the Commission, the complaint must be verified and supported
by affidavits and/or any other evidence. Motu proprio complaints may be signed by the Chairman of the Commission, or the Director of the Law
Department upon direction of the Chairman, and need not be verified;

(b) The complaint shall be filed with the Law Department of the Commission; or with the offices of the Election Registrars, Provincial Election
Supervisors or Regional Election Directors, or the State Prosecutor, Provincial Fiscal or City Fiscal. If filed with any of the latter three (3) officials,
investigation thereof may be delegated to any of their assistants.

(c) If filed with the Regional Election Directors or Provincial Election Supervisors, said officials shall immediately furnish the Director of the Law
Department a copy of the complaint and the supporting documents, and inform the latter of the action taken thereon.

Sec. 5. Referral for Preliminary Investigation. - if the complaint is initiated motu proprio by the Commission, or is filed with the Commission by any
aggrieved party, it shall be referred to the Law Department for investigation. Upon direction of the Chairman of the Commission, the preliminary
investigation may be delegated to any lawyer of said Department, or to any of the Regional Election Directors or Provincial Election Supervisors, or
any lawyer of the Commission

Sec. 6. Conduct of Preliminary Investigation. - (a) If on the basis of the complaint, affidavits and the supporting evidence, the investigating officer
finds no ground to continue with the inquiry, he shall recommend the dismissal of the complaint and shall follow the procedure prescribed in Section
8(c) of this Rule. Otherwise, he shall issue a subpoena to the respondent, attaching thereto a copy of the complaint, affidavits and other supporting
documents giving said respondent ten (10) days from receipt within which to submit counter-affidavits and other supporting documents. The
respondent shall have the right to examine all other evidence submitted by the complainant.

(b) Such counter-affidavits and other supporting evidence submitted by the respondent shall be furnished by him to the complainant.

(c) If the respondent cannot be subpoenaed, or if subpoenaed, does not submit counter-affidavits within the ten day period, the investigating officer
shall base his resolution on the evidence presented by the complainant.

(d) If the investigating officer believes that there are matters to be clarified, he may set a hearing to propound clarificatory questions to the parties
or their witnesses, during which the parties shall be afforded an opportunity to be present but without the right to examine or cross-examine. If the
parties so desire, they may submit questions to the investigating officer which the latter may propound to the parties or witnesses concerned.

(e) Thereafter, the investigation shall be deemed concluded, and the investigating officer shall resolve the case within ten (10) days therefrom. Upon
the evidence thus adduced, the investigating officer shall determine whether or not there is sufficient ground to hold the respondent for trial.

Sec. 7. Presumption of Existence of Probable Cause. - A complaint initiated motu propio by the Commission is presumed to be based on sufficient
probable cause and the investigating officer must forthwith issue the subpoena mentioned in the immediately preceding section.

Sec. 8. Duty of Investigating Officer. - The preliminary investigation must be terminated within twenty (20) days after receipt of the counter-affidavits
and other evidence of the respondents, and resolution thereof shall be made within five (5) days thereafter.

(a) If the investigating officer finds no cause to hold the respondent for trial, he shall recommend dismissal of the complaint.

(b) If the investigating officer finds cause to hold the respondent for trial, he shall prepare the resolution, and the corresponding information wherein
he shall certify under oath that he has examined the complainant and his witnesses, that there is reasonable ground to believe that a crime has been
committed and that the accused was informed of the complaint and of the evidence submitted against him and that he was given an opportunity to
submit controverting evidence.

(c) In either case, the investigating officer shall, within five (5) days from the rendition of his recommendation, forward the records of the case to:
1) The Director of the Law Department of the Commission in cases investigated by any of the Commission lawyers or filed personnel, and
2) The State Prosecutor, Provincial Fiscal or City Fiscal, as the case may be, pursuant to the continuing authority provided for in Section 2 of
this Rule.

Sec. 9. Duty of the Law Department, State Prosecutor, Provincial or City Fiscal Upon Receipt of Records. - (a) Within ten (10) days from receipt of the
records stated in paragraph (c) of the immediately preceding section, the State Prosecutor, Provincial or City Fiscal shall take appropriate action
thereon, immediately informing the parties of said action.

(b) In cases investigated by the lawyers or the field personnel of the Commission, the Director of the Law Department shall review and evaluate the
recommendation of said legal officer, prepare a report and make a recommendation to the Commission affirming, modifying or reversing the same
shall be included in the agenda of the succeeding meeting en banc of the Commission. If the Commission approves the filing of an information in
court against the respondent/s, the Director of the Law Department shall prepare and sign the information for immediate filing with the appropriate
court.

(c) In all other cases, if the recommendation to dismiss or the resolution to file the case in court is approved by State Prosecutor, Provincial or City
Fiscal, they shall likewise approve the Information prepared and immediately cause its filing with the proper court.

(d) If the recommendation to dismiss is reversed on the ground that a probable cause exists, the State Prosecutor, or the Provincial or City Fiscal,
may, by himself prepare and file the corresponding information against the respondent or direct any of his assistants to do so without conducting
another preliminary investigation.

Sec. 10. Appeals from the Action of the State Prosecution, Provincial or City Fiscal. - Appeals from the resolution of the State Prosecutor, or Provincial
or City Fiscal on the recommendation or resolution of investigating officers may be made only to the Commission within ten (10) days from receipt
of the resolution of said officials, provided, however that this shall not divest the Commission of its power to motu proprio review, revise, modify or
reverse the resolution of the chief state prosecutor and/or provincial/city prosecutors. The decision of the Commission on said appeals shall be
immediately executory and final.

Sec. 11. Duty of State Prosecutor, Provincial or City Fiscal to Render Reports. - The State Prosecutor, Provincial or City Fiscal shall, within five (5) days
from the rendition of their resolution on recommendation or resolution of investigating officers, make a written report thereof to the Commission.
They shall likewise submit a monthly report on the status of cases filed with and/or prosecuted by them or any of their assistants pursuant to the
authority granted them under Section 2 of this Rule.

Sec. 12. Private Prosecutor. - The appearance of a private prosecutor shall be allowed in cases where private rights involving recovery of civil liability
are involved.

PROVISIONS GOVERNING ELECTION CONTESTS AND

QUO WARRANTO CASES BEFORE TRIAL COURT

Rule 35 - Election Contests Before Courts of General Jurisdiction.

Section 1. Original Jurisdiction of Regional Trial Courts. - Regional trial courts shall have exclusive original jurisdiction over contests relating to the
elections, returns and qualifications involving elective municipal officials.

Sec. 2. Filing of Election Contests. - A petition contesting the election of any municipal official shall be filed with the proper Regional Trial Court or
mailed at the post office as registered matter addressed to said Court, together with six (6) legible copies thereof, by any candidate for the same
office who has duly filed a certificate of candidacy and who was voted in the election. Each contest shall refer exclusively to one office, but contests
for offices of the Sangguniang Bayan may be consolidated in one case.

Sec. 3. Period to File Petition. - The petition shall be filed within ten (10) days following the date of proclamation of the results of the election.

Sec. 4. Designation of Parties. - The party bringing the action shall be designated as the Protestant, and the party against whom the action is brought
shall be designated as the Protestee.

Sec. 5. Duty of Clerk of Court to Issue Notice and Serve Copy of Petition. - It shall be the duty of the Clerk of Court of the trial court to serve notice
and a copy of the petition by means of summons upon each respondent within five (5) days after the filing thereof.

Sec. 6. Petition to be Verified. - All petitions shall be verified by the parties filing them or their attorneys.

Any subsequent pleading based on facts which ought to be proved shall likewise be verified.

Sec. 7. Answer, Reply, Counter-Protest and Protest in Intervention. –

(a) Within five (5) days after receipt of notice of the filing of the petition and a copy of the petition, the respondent shall file his answer
thereto specifying the nature of his defense, and serve a copy thereof upon the protestant. The answer shall deal only with the election in
the precincts which are covered by the allegations of the protest.
(b) Should the protestee desire to impugn the votes received by the protestant in other precincts, he shall file a counter-protest within the
same period fixed for the filing of the answer, serving a copy thereof upon the protestant by registered mail or by personal delivery. In such
a case, the counter-protest shall be verified.
(c) The protestant shall answer the counter-protest within five (5) days after notice.
(d) Within five (5) days from the filing of the protest, any other candidate for the same office may intervene in the case as other contestants
and ask for affirmative relief in his favor by a verified petition in intervention, which shall be substantiated within the same proceeding. The
protestant or protestee shall answer the protest-in-intervention within five (5) days after notice.
(e) If no answer shall be filed to the protest, counter-protest or protest-in-intervention within the time limits respectively fixed, a general
denial shall be deemed to have been entered.

Sec. 8. Substantial and Formal Amendments of Pleadings. - After the case is set for hearing, no amendment to any pleading affecting the merits of
the controversy shall be allowed except by leave of Court and only upon such grounds as will serve public interest. But such leave may be refused if
it appears to the court that the motion to amend was made with intent to delay the action. Any amendment in matters of from may be permitted at
any stage of the proceedings.

Sec. 9. Filing Fee. - No protest, counter-protest, 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.

Each interest shall further pay the legal research fee as required by law.

If a claim for damages and attorney's fees are set forth in a protest, counter-protest or protest-in-intervention, an additional filing fee shall be paid
in accordance with the schedule provided for in the Rules of Court in the Philippines.

Sec. 10. Cash Deposit. - (a) In any protest, counter-protest or protest-in-intervention not requiring ballot revision, the protestant, the counter-
protestant, or intervenor, as the case may be, shall upon the payment of the filing fee, make a cash deposit in the amount of five hundred pesos
(P500.00) which shall be applied to the payment of all expenses incidental to such protest, counter-protest or protest-in-intervention. When
circumstances so warrant, additional cash deposits may be required. Any unused balance thereof shall be returned to the party making the deposit.

(b) In case revision of ballots is required, there shall be deposited, within ten days after being required by the Court, the sum of three hundred pesos
(P300.00) for every ballot box for the consumption of revisors at the rate of P100.00 each.

(c) Failure to make the cash deposits herein provided within the prescribed time limit shall result in the automatic dismissal of the protest, counter-
protest or protest-in-intervention, as the case may be.

(d) In case the party who has paid the expenses and costs wins, the court shall assess, levy and collect the same as costs from the losing party.

Sec. 11. Presentation and Reception of Evidence. - The presentation and reception of evidence in election contests shall be made in accordance with
Section 2 of Rule 17 of these Rules, but the same shall be completed within thirty (30) days from the date of the commencement thereof.
Sec. 12. Custody of Ballot Boxes, Election Documents and Paraphernalia. - Where allegations in a protests, or counter-protest or protest-in-
intervention so warrant, or whenever in the opinion of the Court the interest of justice so demands, it shall immediately order the ballot boxes
containing ballots and their keys, list of voters with voting records, books of voters, and other documents used in the election to be brought before
it. Said election documents and paraphernalia shall be kept and held secure in a place to be designated by the Court in the care and custody of the
Clerk of Court.

Sec. 13. Revision of Ballots. - For the purpose of revision of ballots, the court shall appoint a committee composed of a chairman and two members,
one member and his substitute to be proposed by the protestant, and the other member and his substitute by the protestee.

The revision of the ballots by the Committee on revision shall be made in the office of the Clerk of Court or at such other place as may be designated
by it, but in every case under the Court's strict supervision.

The revision of the ballots shall be completed within twenty (20) days from the date of the order, unless otherwise directed by the Court, subject to
the time limits prescribed under Sec. 11 and Sec. 17 of this Rule.

Sec. 14. Book of Voters as Evidence. - The book of voters shall be conclusive evidence in regard to the question as to who has the right to vote in said
election.

Sec. 15. Report of the Committee on Revision. - The committee on revision shall make a statement of the condition in which the ballot boxes and
their contents were found upon the opening of the same, classify the ballots so examined, and set forth clearly any objection that may have been
offered to each ballot in the report to be submitted by it. Disputed ballots shall be numbered consecutively for purposes of identification in the
presence and under the direction of the official designated by the Court. After examination, the ballots and other election documents shall be
returned to their respective boxes, but disputed ballots shall be placed in a separate envelope duly sealed and signed by the members of the
committee, after which said envelope shall then be returned to the box. Thereafter, the boxes shall be locked. For purposes of making the report
which shall be submitted in twelve (12) legible copies, the form prescribed by the Commission shall be followed.

Sec. 16. Prohibited Access. - During the revision of ballots no person other than the Judge, the Clerk of Court, members of the committee on revision
of ballots, the parties, their duly authorized representatives shall have access to the place where said revision is taking place.

Sec. 17. Decision on the Contest. - The Court shall decide the election contest within thirty (30) days from the date it is submitted for decision, but in
every case within six (6) months after its filing and shall declare who among the parties has been elected, or in a proper case, the none of them has
been legally elected. The party who in the judgment has been declared elected shall have the right to assume the office as soon as the judgment
becomes final.

In case the Court finds that the protestant, protestee or intervenor shall have an equal or highest number of votes, it shall order the drawing of lots
by those who have tied and shall proclaim as elected the party who may be favored by luck, and the party so proclaimed shall have the right to
assume office in the same manner as if he had been elected by plurality vote.

Sec. 18. Damages and Attorney's Fees in Election Contests. - In all election contests, the court may adjudicate damages and attorney's fee as it may
deem just and as established by the evidence if the aggrieved party has included such claims in his pleadings.

Sec. 19. Promulgation and Finality of Decision. - The decision of the Court shall be promulgated on a date set by it of which due notice must be given
the parties. It shall become final five (5) days after its promulgation. No motion for reconsideration shall be entertained.

Sec. 20. Notice of Final Decision. - As soon as decision declaring the election of the winner becomes final, notice thereof shall be sent to the
Commission on Elections, the Department of Local Government and the Commission on Audit. If the decision be that none of the parties has been
legally elected, the Clerk of Court shall certify such decision to the President of the Philippines and to the Commission on Elections.

Sec. 21. Appeal. - From any decision rendered by the court the aggrieved party may appeal to the Commission on Elections within five (5) days after
the promulgation of the decision.

Sec. 22. Preferential Disposition of Contests. - The courts shall give preference to election contests over all other cases, except those of habeas
corpus.
BATAS PAMBANSA BLG. 881

OMNIBUS ELECTION CODE OF THE PHILIPPINES

ARTICLE I
GENERAL PROVISIONS

Section 1. Title. - This Act shall be known and cited as the "Omnibus Election Code of the Philippines."

Section 2. Applicability. - This Code shall govern all election of public officers and, to the extent appropriate, all referenda and
plebiscites.

Section 248. Effect of filing petition to annual or to suspend the proclamation. - The filing with the Commission of a petition to annual or to
suspend the proclamation of any candidate shall suspend the running of the period within which to file an election protest or quo warranto
proceedings.

ARTICLE XXI
ELECTION CONTESTS

Section 249. Jurisdiction of the Commission. - The Commission shall be the sole judge of all contests relating to the elections, returns, and
qualifications of all Members of the Batasang Pambansa, elective regional, provincial and city officials.

Section 250. Election contests for Batasang Pambansa, regional, provincial and city offices. - A sworn petition contesting the election of any
Member of the Batasang Pambansa or any regional, provincial or city 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, within ten days after the proclamation of the results of the election.

Section 251. Election contests for municipal offices. - 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 candidacy and has been voted for the same office, within ten days after
proclamation of the results of the election.

Section 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 shall decide the election protest within fifteen days after the
filing thereof. The decision of the municipal or metropolitan trial court may be appealed within ten days from receipt of a copy thereof by the
aggrieved party to the regional trial court which shall decide the case within thirty days from its submission, and whose decisions shall be final.

Section 253. Petition for quo warranto. - Any voter contesting the election of any Member of the Batasang Pambansa, regional, provincial, or
city officer on the ground of ineligibility or of disloyalty to the Republic of the Philippines shall file a sworn petition for quo warranto with the
Commission within ten days after the proclamation of the results of the election.

Any voter contesting the election of any municipal or barangay officer on the ground of ineligibility or of disloyalty to the Republic of the
Philippines shall file a sworn petition for quo warranto with the regional trial court or metropolitan or municipal trial court, respectively, within ten
days after the proclamation of the results of the election.

Section 254. Procedure in election contests. - The Commission shall prescribe the rules to govern the procedure and other matters relating to
election contests pertaining to all national, regional, provincial, and city offices not later than thirty days before such elections. Such rules shall
provide a simple and inexpensive procedure for the expeditious disposition of election contests and shall be published in at least two
newspapers of general circulation.

However, with respect to election contests involving municipal and barangay offices the following rules of procedure shall govern:

(a) Notice of the protest contesting the election of a candidate for a municipal or barangay office shall be served upon the candidate
by means of a summons at the postal address stated in his certificate of candidacy except when the protestee, without waiting for the
summons, has made the court understand that he has been notified of the protest or has filed his answer hereto;

(b) The protestee shall answer the protest within five days after receipt of the summons, or, in case there has been no summons from
the date of his appearance and in all cases before the commencement of the hearing of the protest or contest. The answer shall deal
only with the election in the polling places which are covered by the allegations of the contest;

(c) Should the protestee desire to impugn the votes received by the protestant in other polling places, he shall file a counter-protest
within the same period fixed for the answer serving a copy thereof upon the protestant by registered mail or by personal delivery or
through the sheriff;

(d) The protestant shall answer the counter-protest within five days after notice;

(e) Within the period of five days counted from the filing of the protest any other candidate for the same office may intervene in the
case as other contestants and ask for affirmative relief in his favor by a petition in intervention, which shall be considered as another
contest, except that it shall be substantiated within the same proceedings. The protestant or protestee shall answer the protest in
intervention within five days after notice;

(f) If no answer shall be filed to the contest, counter-protest, or to the protest in intervention, within the time limits respectively fixed, a
general denial shall be deemed to have been entered;

(g) In election contest proceedings, the permanent registry list of voters shall be conclusive in regard to the question as to who had
the right to vote in said election.
Section 255. Judicial counting of votes in election contest. - Where 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 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 examined and the votes recounted.

Section 256. Appeals. - Appeals from any decision rendered by the regional trial court under Section

251 and paragraph two, Section 253 hereof with respect to quo warranto petitions filed in election contests affecting municipal officers, the
aggrieved party may appeal to the Intermediate Appellate Court within five days after receipt of a copy of the decision. No motion for
reconsideration shall be entertained by the court. The appeal shall be decided within sixty days after the case has been submitted for decision.

Section 257. Decision in the Commission. - The Commission shall decide all election cases brought before it within ninety days from the date
of their submission for decision. The decision of the Commission shall become final thirty days after receipt of judgment.

Section 258. Preferential disposition of contests in courts. - The courts, in their respective cases, shall give preference to election contests over
all other cases, except those of habeas corpus, and shall without delay, hear and, within thirty days from the date of their submission for
decision, but in every case within six months after filing, decide the same.

Section 259. Actual or compensatory damages. - Actual or compensatory damages may be granted in all election contests or in quo warranto
proceedings in accordance with law.

Section 260. Notice of decisions. - The clerk of court and the corresponding official in the Commission before whom an election contest or a
quo warranto proceeding has been instituted or where the appeal of said case has been taken shall notify immediately the President of the
Philippines of the final disposition thereof. In election contests involving provincial, city, municipal, or barangay offices, notice of such final
disposition shall also be sent to the secretary of the local sanggunian concerned. If the decision be 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, to the Commission.

ARTICLE XXII
ELECTION OFFENSES

Section 261. Prohibited Acts. - The following shall be guilty of an election offense:

(a) Vote-buying and vote-selling. -

(1) Any person who gives, offers or promises money or anything of value, gives or promises any office or employment,
franchise or grant, public or private, or makes or offers to make an expenditure, directly or indirectly, or cause an
expenditure to be made to any person, association, corporation, entity, or community in order to induce anyone or the public
in general to vote for or against any candidate or withhold his vote in the election, or to vote for or against any aspirant for
the nomination or choice of a candidate in a convention or similar selection process of a political party.

(2) Any person, association, corporation, group or community who solicits or receives, directly or indirectly, any expenditure
or promise of any office or employment, public or private, for any of the foregoing considerations.

(b) Conspiracy to bribe voters. - Two or more persons, whether candidates or not, who come to an agreement concerning the
commission of any violation of paragraph (a) of this section and decide to commit it.

(c) Wagering upon result of election. - Any person who bets or wagers upon the outcome of, or any contingency connected with an
election. Any money or thing of value or deposit of money or thing of value situated anywhere in the Philippines put as such bet or
wager shall be forfeited to the government.

(d) Coercion of subordinates. -

(1) Any public officer, or any officer of any public or private corporation or association, or any head, superior, or administrator
of any religious organization, or any employer or land-owner who coerces or intimidates or compels, or in any manner
influence, directly or indirectly, any of his subordinates or members or parishioners or employees or house helpers, tenants,
overseers, farm helpers, tillers, or lease holders to aid, campaign or vote for or against any candidate or any aspirant for the
nomination or selection of candidates.

(2) Any public officer or any officer of any commercial, industrial, agricultural, economic or social enterprise or public or
private corporation or association, or any head, superior or administrator of any religious organization, or any employer or
landowner who dismisses or threatens to dismiss, punishes or threatens to punish be reducing his salary, wage or
compensation, or by demotion, transfer, suspension, separation, excommunication, ejectment, or causing him annoyance in
the performance of his job or in his membership, any subordinate member or affiliate, parishioner, employee or house
helper, tenant, overseer, farm helper, tiller, or lease holder, for disobeying or not complying with any of the acts ordered by
the former to aid, campaign or vote for or against any candidate, or any aspirant for the nomination or selection of
candidates.

(e) Threats, intimidation, terrorism, use of fraudulent device or other forms of coercion. - Any person who, directly or indirectly,
threatens, intimidates or actually causes, inflicts or produces any violence, injury, punishment, damage, loss or disadvantage upon
any person or persons or that of the immediate members of his family, his honor or property, or uses any fraudulent device or scheme
to compel or induce the registration or refraining from registration of any voter, or the participation in a campaign or refraining or
desistance from any campaign, or the casting of any vote or omission to vote, or any promise of such registration, campaign, vote, or
omission therefrom.

(f) Coercion of election officials and employees. - Any person who, directly or indirectly, threatens, intimidates, terrorizes or coerces
any election official or employee in the performance of his election functions or duties.

(g) Appointment of new employees, creation of new position, promotion, or giving salary increases. - During the period of forty-five
days before a regular election and thirty days before a special election,
 (1) any head, official or appointing officer of a government office, agency or instrumentality, whether national or local,
including government-owned or controlled corporations, who appoints or hires any new employee, whether provisional,
temporary or casual, or creates and fills any new position, except upon prior authority of the Commission. The Commission
shall not grant the authority sought unless, it is satisfied that the position to be filled is essential to the proper functioning of
the office or agency concerned, and that the position shall not be filled in a manner that may influence the election.

As an exception to the foregoing provisions, a new employee may be appointed in case of urgent need: Provided, however,
That notice of the appointment shall be given to the Commission within three days from the date of the appointment. Any
appointment or hiring in violation of this provision shall be null and void.

(2) Any government official who promotes, or gives any increase of salary or remuneration or privilege to any government
official or employee, including those in government-owned or controlled corporations.

(h) Transfer of officers and employees in the civil service. - Any public official who makes or causes any transfer or detail whatever of
any officer or employee in the civil service including public school teachers, within the election period except upon prior approval of
the Commission.

(i) Intervention of public officers and employees. - Any officer or employee in the civil service, except those holding political offices;
any officer, employee, or member or the Armed Forces of the Philippines, or any police force, special forces, home defense forces,
barangay self-defense units and all other para-military units that now exist or which may hereafter be organized who, directly or
indirectly, intervenes in any election campaign or engages in any partisan political activity, except to vote or to preserve public order, if
he is a peace officer.

(j) Undue influence. - It is unlawful for any person to promise any office or employment, public or private, or to make or offer to make
an expenditure, directly or indirectly, or to cause an expenditure to be made to any person, association, corporation or entity, which
may induce anyone or the public in general either to vote or withhold his vote, or to vote for or against any candidate in any election or
any aspirant for the nomination or selection of an official candidate in a convention of a political party. It is likewise unlawful for any
person, association, corporation or community, to solicit or receive, directly or indirectly, any expenditure or promise or any office, or
employment, public or private, for any of the foregoing considerations.

(k) Unlawful electioneering. - It is unlawful to solicit votes or undertake any propaganda on the day of registration before the board of
election inspectors and on the day of election, for or against any candidate or any political party within the polling place and with a
radius of thirty meters thereof.

(l) Prohibition against dismissal of employees, laborers, or tenants. - No employee or laborer shall be dismissed, nor a tenant be
ejected from his landholdings for refusing or failing to vote for any candidate of his employer or landowner. Any employee, laborer or
tenant so dismissed or ejected shall be reinstated and the salary or wage of the employee or laborer, or the share of the harvest of the
tenant, shall be restored to the aggrieved party upon application to the proper court.

(m) Appointment or use of special policemen, special agents, confidential agents or the like. - During the campaign period, on the day
before and on election day, any appointing authority who appoints or any person who utilizes the services of special policemen,
special agents, confidential agents or persons performing similar functions; persons previously appointed as special policemen,
special agents, confidential agents or persons performing similar functions who continue acting as such, and those who fail to turn
over their firearms, uniforms, insignias and other badges of authority to the proper officer who issued the same.

At the start of the aforementioned period, the barangay chairman, municipal mayor, city mayor, provincial governor, or any appointing
authority shall submit to the Commission a complete list of all special policemen, special agents, confidential agents or persons
performing similar functions in the employ of their respective political subdivisions, with such particulars as the Commission may
require.

(n) Illegal release of prisoners before and after election. - The Director of the Bureau of Prisons, any provincial warden, the keeper of
the jail or the person or persons required by law to keep prisoners in their custody who illegally orders or allows any prisoner detained
in the national penitentiary, or the provincial, city or municipal jail to leave the premises thereof sixty days before and thirty days after
the election. The municipal or city warden, the provincial warden, the keeper of the jail or the person or persons required by law to
keep prisoners in their custody shall post in three conspicuous public places a list of the prisoners or detention prisoners under their
care. Detention prisoners must be categorized as such.

(o) Use of public funds, money deposited in trust, equipment, facilities owned or controlled by the government for an election
campaign. - Any person who uses under any guise whatsoever, directly or indirectly, (1) public funds or money deposited with, or held
in trust by, public financing institutions or by government offices, banks, or agencies; (2) any printing press, radio, or television station
or audio-visual equipment operated by the Government or by its divisions, sub-divisions, agencies or instrumentalities, including
government-owned or controlled corporations, or by the Armed Forces of the Philippines; or (3) any equipment, vehicle, facility,
apparatus, or paraphernalia owned by the government or by its political subdivisions, agencies including government-owned or
controlled corporations, or by the Armed Forces of the Philippines for any election campaign or for any partisan political activity.

(p) Deadly weapons. - Any person who carries any deadly weapon in the polling place and within a radius of one hundred meters
thereof during the days and hours fixed by law for the registration of voters in the polling place, voting, counting of votes, or
preparation of the election returns. However, in cases of affray, turmoil, or disorder, any peace officer or public officer authorized by
the Commission to supervise the election is entitled to carry firearms or any other weapon for the purpose of preserving order and
enforcing the law.

(q) Carrying firearms outside residence or place of business. - Any person who, although possessing a permit to carry firearms,
carries any firearms outside his residence or place of business during the election period, unless authorized in writing by the
Commission: Provided, That a motor vehicle, water or air craft shall not be considered a residence or place of business or extension
hereof.

This prohibition shall not apply to cashiers and disbursing officers while in the performance of their duties or to persons who by nature
of their official duties, profession, business or occupation habitually carry large sums of money or valuables.

(r) Use of armored land, water or air craft. - Any person who uses during the campaign period, on the day before and on election day,
any armored land, water or air craft, provided with any temporary or permanent equipment or any other device or contraption for the
mounting or installation of cannons, machine guns and other similar high caliber firearms, including military type tanks, half trucks,
scout trucks, armored trucks, of any make or model, whether new, reconditioned, rebuilt or remodelled: Provided, That banking or
financial institutions and all business firms may use not more than two armored vehicles strictly for, and limited to, the purpose of
transporting cash, gold bullion or other valuables in connection with their business from and to their place of business, upon previous
authority of the Commission.

(s) Wearing of uniforms and bearing arms. - During the campaign period, on the day before and on election day, any member of
security or police organization of government agencies, commissions, councils, bureaus, offices, or government-owned or controlled
corporations, or privately-owned or operated security, investigative, protective or intelligence agencies, who wears his uniform or uses
his insignia, decorations or regalia, or bears arms outside the immediate vicinity of his place of work: Provided, That this prohibition
shall not apply when said member is in pursuit of a person who has committed or is committing a crime in the premises he is
guarding; or when escorting or providing security for the transport of payrolls, deposits, or other valuables; or when guarding the
residence of private persons or when guarding private residences, buildings or offices: Provided, further, That in the last case prior
written approval of the Commission shall be obtained. The Commission shall decide all applications for authority under this paragraph
within fifteen days from the date of the filing of such application.

During the same period, and ending thirty days thereafter any member of the Armed Forces of the Philippines, special, forces, home
defense forces, barangay self-defense units and all other para-military units that now exist or which may hereafter be organized who
wears his uniform or bears arms outside the camp, garrison or barracks to which he is assigned or detailed or outside their homes, in
case of members of para-military units, unless (1) the President of the Philippines shall have given previous authority therefor, and the
Commission notified thereof in writing, or (2) the Commission authorizes him to do so, which authority it shall give only when
necessary to assist it in maintaining free, orderly and honest elections, and only after notice and hearing. All personnel of the Armed
Forces authorized by the President or the Commission to bear arms or wear their uniforms outside their camps and all police and
peace officers shall bear their true name, rank and serial number, if any, stitched in block letters on a white background on the left
breast of their uniform, in letters and numbers of a clearly legible design at least two centimeters tall, which shall at all times remain
visible and uncovered.

During the election period, whenever the Commission finds it necessary for the promotion of free, orderly, honest and peaceful
elections in a specific area, it shall confiscate or order the confiscation of firearms of any member or members of the Armed Forces of
the Philippines, police forces, home defense forces, barangay self-defense units, and all other para-military units that now exist, or
which may hereafter be organized, or any member or members of the security or police organization, government ministries,
commissions, councils, bureaus, offices, instrumentalities, or government-owned or controlled corporations and other subsidiaries, or
of any member or members of privately owned or operated security, investigative, protective or intelligence agencies performing
identical or similar functions.

(t) Policemen and provincial guards acting as bodyguards or security guards. - During the campaign period, on the day before and on
election day, any member of the city or municipal police force, any provincial or sub-provincial guard, any member of the Armed
Forces of the Philippines, special forces, home defense forces, barangay self-defense units and all other para-military units that now
exist or which may hereafter be organized who acts as bodyguard or security guard of any public official, candidate or any other
person, and any of the latter who utilizes the services of the former as bodyguard or security guard: Provided, That, after due notice
and hearing, when the life and security of a candidate is in jeopardy, the Commission is empowered to assign at the candidate's
choice, any member of the Philippine Constabulary or the police force of any municipality within the province to act as his bodyguard
or security guard in a number to be determined by the Commission but not to exceed three per candidate: Provided, however, That
when the circumstances require immediate action, the Commission may issue a temporary order allowing the assignment of any
member of the Philippine Constabulary or the local police force to act as bodyguard or security guard of the candidate, subject to
confirmation or revocation.

(u) Organization or maintenance of reaction forces, strike forces, or other similar forces. - Any person who organizes or maintains a
reaction force, strike force or similar force during the election period.

The heads of all reaction forces, strike forces, or similar forces shall, not later than forty-five days before the election, submit to the
Commission a complete list of all members thereof with such particulars as the Commission may require.

(v) Prohibition against release, disbursement or expenditure of public funds. - Any public official or employee including barangay
officials and those of government-owned or controlled corporations and their subsidiaries, who, during forty-five days before a regular
election and thirty days before a special election, releases, disburses or expends any public funds for:

(1) Any and all kinds of public works, except the following:

(a) Maintenance of existing and/or completed public works project: Provided, That not more than the average number of
laborers or employees already employed therein during the six-month period immediately prior to the beginning of the
forty-five day period before election day shall be permitted to work during such time: Provided, further, That no additional
laborers shall be employed for maintenance work within the said period of forty-five days;

(b) Work undertaken by contract through public bidding held, or by negotiated contract awarded, before the forty-five day
period before election: Provided, That work for the purpose of this section undertaken under the so-called "takay" or
"paquiao" system shall not be considered as work by contract;

(c) Payment for the usual cost of preparation for working drawings, specifications, bills of materials, estimates, and other
procedures preparatory to actual construction including the purchase of materials and equipment, and all incidental
expenses for wages of watchmen and other laborers employed for such work in the central office and field storehouses
before the beginning of such period: Provided, That the number of such laborers shall not be increased over the number
hired when the project or projects were commenced; and

(d) Emergency work necessitated by the occurrence of a public calamity, but such work shall be limited to the restoration
of the damaged facility.

No payment shall be made within five days before the date of election to laborers who have rendered services in projects or
works except those falling under subparagraphs (a), (b), (c), and (d), of this paragraph.

This prohibition shall not apply to ongoing public works projects commenced before the campaign period or similar projects
under foreign agreements. For purposes of this provision, it shall be the duty of the government officials or agencies
concerned to report to the Commission the list of all such projects being undertaken by them.
 (2) The Ministry of Social Services and Development and any other office in other ministries of the government performing
functions similar to said ministry, except for salaries of personnel, and for such other routine and normal expenses, and for
such other expenses as the Commission may authorize after due notice and hearing. Should a calamity or disaster occur, all
releases normally or usually coursed through the said ministries and offices of other ministries shall be turned over to, and
administered and disbursed by, the Philippine National Red Cross, subject to the supervision of the Commission on Audit or
its representatives, and no candidate or his or her spouse or member of his family within the second civil degree of affinity or
consanguinity shall participate, directly or indirectly, in the distribution of any relief or other goods to the victims of the
calamity or disaster; and

(3) The Ministry of Human Settlements and any other office in any other ministry of the government performing functions
similar to said ministry, except for salaries of personnel and for such other necessary administrative or other expenses as
the Commission may authorize after due notice and hearing.

(w) Prohibition against construction of public works, delivery of materials for public works and issuance of treasury warrants and
similar devices. - During the period of forty-five days preceding a regular election and thirty days before a special election, any person
who (a) undertakes the construction of any public works, except for projects or works exempted in the preceding paragraph; or (b)
issues, uses or avails of treasury warrants or any device undertaking future delivery of money, goods or other things of value
chargeable against public funds.

(x) Suspension of elective provincial, city, municipal or barangay officer. - The provisions of law to the contrary notwithstanding during
the election period, any public official who suspends, without prior approval of the Commission, any elective provincial, city, municipal
or barangay officer, unless said suspension will be for purposes of applying the "Anti-Graft and Corrupt Practices Act" in relation to the
suspension and removal of elective officials; in which case the provisions of this section shall be inapplicable.

(y) On Registration of Voters:

(1) Any person who, having all the qualifications and none of the disqualifications of a voter, fails without justifiable excuse to
register as a voter in an election, plebiscite or referendum in which he is qualified to vote.

(2) Any person who knowingly makes any false or untruthful statement relative to any of the data or information required in
the application for registration.

(3) Any person who deliberately imprints or causes the imprinting of blurred or indistinct fingerprints on any of the copies of
the application for registration or on the voter's affidavit; or any person in charge of the registration of voters who deliberately
or through negligence, causes or allows the imprinting of blurred or indistinct fingerprints on any of the aforementioned
registration forms, or any person who tampers with the fingerprints in said registration records.

(4) Any member of the board of election inspectors who approves any application which on its face shows that the applicant
does not possess all the qualifications prescribed by law for a voter; or who disapproves any application which on its face
shows that the applicant possesses all such qualifications.

(5) Any person who, being a registered voter, registers anew without filing an application for cancellation of his previous
registration.

(6) Any person who registers in substitution for another whether with or without the latter's knowledge or consent.

(7) Any person who tampers with or changes without authority any data or entry in any voter's application for registration.

(8) Any person who delays, hinders or obstruct another from registering.

(9) Any person who falsely certifies or identifies another as a bona fide resident of a particular place or locality for the
purpose of securing the latter's registration as a voter.

(10) Any person who uses the voter's affidavit of another for the purpose of voting, whether or not he actually succeeds in
voting.

(11) Any person who places, inserts or otherwise includes, as approved application for registration in the book of voters or in
the provincial or national central files of registered voters, the application of any fictitious voter or any application that has not
been approved; or removes from, or otherwise takes out of the book of voters or the provincial or national central files of
registered voters any duly approved voter's application, except upon lawful order of the Commission, or of a competent court
or after proper cancellation as provided in Sections 122, 123, 124 and 125 hereof.

(12) Any person who transfers or causes the transfer of the registration record of a voter to the book of voters of another
polling place, unless said transfer was due to a change of address of the voter and the voter was duly notified of his new
polling place.

(13) Any person who asks, demands, takes, accepts or possesses, directly or indirectly, the voter's affidavit of another, in
order to induce the latter to withhold his vote, or to vote for or against any candidate in an election or any issue in a
plebiscite or referendum. It shall be presumed prima facie that the asking, demanding, taking, accepting, or possessing is
with such intent if done within the period beginning ten days before election day and ending ten days after election day,
unless the voter's affidavit of another and the latter are both members of the same family.

(14) Any person who delivers, hands over, entrusts, gives, directly or indirectly his voter's affidavit to another in
consideration of money or other benefit or promises thereof, or takes or accepts such voter's affidavit directly or indirectly, by
giving or causing the giving of money or other benefit or making or causing the making of a promise thereof.

(15) Any person who alters in any manner, tears, defaces, removes or destroys any certified list of voters.
 (16) Any person who takes, carries or possesses any blank or unused registration form already issued to a city or
municipality outside of said city or municipality except as otherwise provided in this Code or when directed by express order
of the court or of the Commission.

(17) Any person who maliciously omits, tampers or transfers to another list the name of a registered voter from the official list
of voters posted outside the polling place.

(z) On voting:

(1) Any person who fails to cast his vote without justifiable excuse.

(2) Any person who votes more than once in the same election, or who, not being a registered voter, votes in an election.

(3) Any person who votes in substitution for another whether with or without the latter's knowledge and/or consent.

(4) Any person who, not being illiterate or physically disabled, allows his ballot to be prepared by another, or any person who
prepares the ballot of another who is not illiterate or physically disabled, with or without the latter's knowledge and/or
consent.

(5) Any person who avails himself of any means of scheme to discover the contents of the ballot of a voter who is preparing
or casting his vote or who has just voted.

(6) Any voter who, in the course of voting, uses a ballot other than the one given by the board of election inspectors or has in
his possession more than one official ballot.

(7) Any person who places under arrest or detains a voter without lawful cause, or molests him in such a manner as to
obstruct or prevent him from going to the polling place to cast his vote or from returning home after casting his vote, or to
compel him to reveal how he voted.

(8) Any member of the board of election inspectors charged with the duty of reading the ballot during the counting of votes
who deliberately omits to read the vote duly written on the ballot, or misreads the vote actually written thereon or reads the
name of a candidate where no name is written on the ballot.

(9) Any member of the board of election inspectors charged with the duty of tallying

the votes in the tally board or sheet, election returns or other prescribed form who deliberately fails to record a vote therein
or records erroneously the votes as read, or records a vote where no such vote has been read by the chairman.

(10) Any member of a board of election inspectors who has made possible the casting of more votes than there are
registered voters.

(11) Any person who, for the purpose of disrupting or obstructing the election process or causing confusion among the
voters, propagates false and alarming reports or information or transmits or circulates false orders, directives or messages
regarding any matter relating to the printing of official ballots, the postponement of the election, the transfer of polling place
or the general conduct of the election.

(12) Any person who, without legal authority, destroys, substitutes or takes away from the possession of those having legal
custody thereof, or from the place where they are legally deposited, any election form or document or ballot box which
contains official ballots or other documents used in the election.

(13) Any person having legal custody of the ballot box containing the official ballots used in the election who opens or
destroys said box or removes or destroys its contents without or against the order of the Commission or who, through his
negligence, enables any person to commit any of the aforementioned acts, or takes away said ballot box from his custody.

(14) Any member of the board of election inspectors who knowingly uses ballots other than the official ballots, except in
those cases where the use of emergency ballots is authorized.

(15) Any public official who neglects or fails to properly preserve or account for any ballot box, documents and forms
received by him and kept under his custody.

(16) Any person who reveals the contents of the ballot of an illiterate or disabled voter whom he assisted in preparing a
ballot.

(17) Any person who, without authority, transfers the location of a polling place.

(18) Any person who, without authority, prints or causes the printing of any ballot or election returns that appears as official
ballots or election returns or who distributes or causes the same to be distributed for use in the election, whether or not they
are actually used.

(19) Any person who, without authority, keeps, uses or carries out or causes to be kept, used or carried out, any official
ballot or election returns or printed proof thereof, type-form mould, electro-type printing plates and any other plate,
numbering machines and other printing paraphernalia being used in connection with the printing of official ballots or election
returns.

(20) Any official or employee of any printing establishment or of the Commission or any member of the committee in charge
of the printing of official ballots or election returns who causes official ballots or election returns to be printed in quantities
exceeding those authorized by the Commission or who distributes, delivers, or in any manner disposes of or causes to be
distributed, delivered, or disposed of, any official ballot or election returns to any person or persons not authorized by law or
 by the Commission to receive or keep official ballots or election returns or who sends or causes them to be sent to any place
not designated by law or by the Commission.

(21) Any person who, through any act, means or device, violates the integrity of any official ballot or election returns before
or after they are used in the election.

(22) Any person who removes, tears, defaces or destroys any certified list of candidates posted inside the voting booths
during the hours of voting.

(23) Any person who holds or causes the holding of an election on any other day than that fixed by law or by the
Commission, or stops any election being legally held.

(24) Any person who deliberately blurs his fingerprint in the voting record.

(aa) On Canvassing:

(1) Any chairman of the board of canvassers who fails to give due notice of the date, time and place of the meeting of said
board to the candidates, political parties and/or members of the board.

(2) Any member of the board of canvassers who proceeds with the canvass of the votes and/or proclamation of any
candidate which was suspended or annulled by the Commission.

(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 date, time and place of the meeting of the board to the
candidates, political parties, and/or other members of the board.

(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 than the official copy of the election returns.

(bb) Common to all boards of election inspectors and boards of canvassers:

(1) Any member of any board of election inspectors or board of canvassers who deliberately absents himself from the
meetings of said body for the purpose of obstructing or delaying the performance of its duties or functions.

(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 prescribed by the Commission although he was present during the
meeting of the said body.

(3) Any person who, being ineligible for appointment as member of any board of election inspectors or board of canvassers,
accepts an appointment to said body, assumes office, and actually serves as a member thereof, or any of public officer or
any person acting in his behalf who appoints such ineligible person knowing him to be ineligible.

(4) Any person who, in the presence or within the hearing of any board of election inspectors or board of canvassers during
any of its meetings, conducts himself in such a disorderly manner as to interrupt or disrupt the work or proceedings to the
end of preventing said body from performing its functions, either partly or totally.

(5) Any public official or person acting in his behalf who relieves any member of any board of election inspectors or board of
canvassers or who changes or causes the change of the assignments of any member of said board of election inspectors or
board of canvassers without authority of the Commission.

(cc) On candidacy and campaign:

(1) Any political party which holds political conventions or meetings to nominate its official candidates earlier that the period
fixed in this Code.

(2) Any person who abstracts, destroys or cancels any certificate of candidacy duly filed and which has not been cancelled
upon order of the Commission.

(3) Any person who misleads the board of election inspectors by submitting any false or spurious certificate of candidacy or
document to the prejudice of a candidate.

(4) Any person who, being authorized to receive certificates of candidacy, receives any certificate of candidacy outside the
period for filing the same and makes it appear that said certificate of candidacy was filed on time; or any person who, by
means of fraud, threat, intimidation, terrorism or coercion, causes or compels the commission of said act.

(5) Any person who, by any device or means, jams, obstructs or interferes with a radio or television broadcast of any lawful
political program.

(6) Any person who solicits votes or undertakes any propaganda, on the day of election, for or against any candidate or any
political party within the polling place or within a radius of thirty meters thereof.

(dd) Other prohibitions:

(1) Any person who sells, furnishes, offers, buys, serves or takes intoxicating liquor on the days fixed by law for the
registration of voters in the polling place, or on the day before the election or on election day: Provided, That hotels and
other establishments duly certified by the Ministry of Tourism as tourist oriented and habitually in the business of catering to
foreign tourists may be exempted for justifiable reasons upon prior authority of the Commission: Provided, further, That
 foreign tourists taking intoxicating liquor in said authorized hotels or establishments are exempted from the provisions of this
subparagraph.

(2) Any person who opens in any polling place or within a radius of thirty meters thereof on election day and during the
counting of votes, booths or stalls of any kind for the sale, dispensing or display of wares, merchandise or refreshments,
whether solid or liquid, or for any other purposes.

(3) Any person who holds on election day, fairs, cockfights, boxing, horse races, jai-alai or any other similar sports.

(4) Refusal to carry election mail matter. - Any operator or employee of a public utility or transportation company operating
under a certificate of public convenience, including government-owned or controlled postal service or its employees or
deputized agents who refuse to carry official election mail matters free of charge during the election period. In addition to the
penalty prescribed herein, such refusal shall constitute a ground for cancellation or revocation of certificate of public
convenience or franchise.

(5) Prohibition against discrimination in the sale of air time. - Any person who operates a radio or television station who
without justifiable cause discriminates against any political party, coalition or aggroupment of parties or any candidate 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.

Section 262. Other election offenses. - Violation of the provisions, or pertinent portions, of the following sections of this Code shall constitute
election offenses: Sections 9, 18, 74, 75, 76, 80, 81, 82, 83, 84, 85, 86, 87, 88, 89, 95, 96, 97, 98, 99, 100, 101, 102, 103, 104, 105, 106 107,
108, 109, 110, 111, 112, 122, 123, 127, 128, 129, 132, 134, 135, 145, 148, 150, 152, 172, 173, 174, 178, 180, 182, 184, 185, 186, 189, 190,
191, 192, 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, 231, 233, 234, 235, 236, 239 and 240.

Section 263. Persons criminally liable. - The principals, accomplices, and 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 entity, its president or head, the officials and employees of
the same, performing duties connected with the offense committed and its members who may be principals, accomplices, or accessories shall
be liable, in addition to the liability of such party or entity.

Section 264. Penalties. - Any person found guilty of any election offense under this Code shall be punished with imprisonment of not less than
one year but not more than six years and shall not be subject to probation. In 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 shall be sentenced to deportation which shall
be enforced after the prison term has been served. Any political party found guilty shall be sentenced to pay a fine of not less than ten thousand
pesos, which shall be imposed upon such party after criminal action has been instituted in which their corresponding officials have been found
guilty.

In case of prisoner or prisoners illegally released from any penitentiary or 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 prison, or persons who are required by law to keep said prisoner
in their custody shall, if convicted by a competent court, be sentenced to suffer the penalty of prision mayor in its maximum period if the
prisoner or prisoners so illegally released commit any act of intimidation, terrorism of interference in the election.

Any person found guilty of the offense of failure to register or failure to vote shall, upon conviction, be fined one hundred pesos. In addition, he
shall suffer disqualification to run for public office in the next succeeding election following his conviction or be appointed to a public office for a
period of one year following his conviction.

Section 265. Prosecution. - The Commission shall, through its duly authorized legal officers, have the exclusive power to conduct preliminary
investigation of all election offenses punishable under this Code, and to prosecute the same. The Commission may avail of the assistance of
other prosecuting arms of the government: Provided, however, That in the event 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 or with the Ministry of Justice for proper investigation
and prosecution, if warranted.

Section 266. Arrest in connection with the election campaign. - No person shall be arrested and/or detained at any time for any alleged offense
committed during and in connection with any election through any act or language tending to support or oppose any candidate, political party or
coalition of political parties under or pursuant to any order of whatever name or nature and by whomsoever issued except only upon a warrant
of arrest issued by a competent judge after all the requirements of the Constitution shall have been strictly complied with.

If the offense charged is punishable under a presidential decree whether originally or by amendment of a previous law, the death penalty shall
not be imposed upon the offender except where murder, rape or arson is involved. In all cases, the penalty shall not be higher than reclusion
perpetua and the offender shall be entitled to reasonable bail upon sufficient sureties to be granted speedily by the competent court. Moreover,
loss of the right of citizenship and confiscation of property shall not be imposed.

Any officer or a person who shall violate any provision of this section shall be punished by imprisonment of not less than six (6) years and one
(1) day nor more than twelve (12) years, with the accessory penalties for election offenses. The provision of Section 267 of this Code shall not
apply to prosecution under this section.

Section 267. Prescription. - Election offenses shall prescribe after five years from the date of their commission. If the discovery of the offense
be made in an election contest proceedings, the period of prescription shall commence on the date on which the judgment in such proceedings
becomes final and executory.

Section 268. Jurisdiction of courts. - The regional trial court shall have the exclusive original jurisdiction to try and decide any criminal action or
proceedings for violation of this Code, except those relating to the offense of failure to register or failure to vote which shall be under the
jurisdiction of the metropolitan or municipal trial courts. From the decision of the courts, appeal will lie as in other criminal cases.

Section 269. Preferential disposition of election offenses. - The investigation and prosecution of cases involving violations of the election laws
shall be given preference and priority by the Commission on Elections and prosecuting officials. Their investigation shall be commenced without
delay, and shall be resolved by the investigating officer within five days from its submission for resolution. The courts shall likewise give
preference to election offenses over all other cases, except petitions for writ of habeas corpus. Their trial shall likewise be commenced without
delay, and shall be conducted continuously until terminated, and the case shall be decided within thirty days from its submission for decision.