Election Law and the 2025 Elections

50 Truths and Updates

Atty. Alberto C. Agra
Law Professor and Bar Reviewer, Election Law,
Local Government Law, Administrative Law
and Law on Public Officers
Advocate, Election Law-for-All
Author, Ballot Unboxed Newsletter
Host, Batas et AL – 2025 Election Series
Former Public Official, Acting Secretary of Justice,
Acting Solicitor General, Government Corporate Counsel and
Chairman of the Philippine Reclamation Authority
9 Topics
Election
Purpose Campaign Offenses/
Prohibitions

Contributions
COMELEC Disqualifications and
Expenditures

Aspirants/ Electoral
Suffrage
Candidates Process
1. Noble Purpose of Elections
Philippine Elections is about
CHOPFE.
Credible Honest Orderly
Peaceful and Free Elections
2. Commission on Elections
The COMELEC is a
constitutionally-created
independent Public Office. It is a
full Administrative Agency. It
consists of the En Banc and 2
Divisions.
2. Electoral Offices
COMELEC is not the only public
office involved in/ which can
resolve election-related
disputes.
3. Suffrage
Before, one can be imprisoned
for not voting. Today, suffrage
is a right.
3. Suffrage
Congress and COMELEC cannot
impose substantive
requirements on the right of
suffrage.
3. Regular Elections
Philippine elections must be
held regularly and can only
postponed by law or by
authority of law.
4. Aspirants and Candidates
There are no candidates
today, only aspirants.
4. Incumbents
Incumbent elective officials
running for any position are not
deemed resigned.
4. Incumbents
Appointed Officials, Civil Servants
and Non-Civil Service Personnel are
deemed resigned upon filing their
Certificates of Candidacy and
Party-List Nomination.
4. Qualifications
Congress can change the
qualifications of local elective
officials, not national officials.
4. House of Representatives
The House of Representatives
consists of 317 Members, i.e., 254
District Representatives who are
locally-elected (80%) and 63
Party-List Representatives who
are nationally-elected (20%).
4. Party-List System
I can be a nominee of a
Women’s Party and serve as its
Party-List Representative even if
the Women’s Party obtains less
nd
than 2% of 2 votes.
4. Term of Office
An elective local official is considered
to have served a full term when s/he
resigns, assumes an appointive
position, placed under preventive
suspension and vacates an office
because of an immediately executory
decision of dismissal by the
Ombudsman.
4. Term of Office
An elective local official is not
considered to have served a full
term when s/he assumes an
office via succession, is
suspended, and wins in a recall
election and election protest.
5. Disqualifications
COMELEC can disqualify a
candidate, declare a candidate
a nuisance and cancel a
certificate of candidacy.
5. Effect of Disqualification
A proclaimed candidate who is
later on disqualified or has been
determined to be ineligible, will
be unseated and will be replaced
nd
by succession or by the 2 placer,
as the case may be.
5. Substitution
Today, up to election day, an
aspirant/ candidate can be
substituted only on account of
death and disqualification.
5. Substitution
Only affiliated candidates, not
independents, can be
substituted.
6. Campaign
To be considered campaigning,
the purpose must be
established, i.e., to promote
the election or defeat of a
candidate.
6. Campaign Periods
For Senators and Party-List,
campaign starts on February 11,
while for District Representatives,
BARMM Parliament, Provincial,
City and Municipal Elective
Officials, on March 28.
6. Campaigners
Elective Officials can campaign
but Appointive Officials, except
Cabinet Secretaries, and Civil
Servants cannot.
6. Campaigners
Voters, Media Personalities who
are not candidates and who are
not members of Political Parties,
and Members of the Clergy can
campaign.
6. Campaign
Giving ayuda by public officials
may or may not be considered
campaigning.
6. Quad Media Campaign
The use of tri-media in
campaigning is expressly allowed
and regulated by statute, while
social media is not.
6. Posters
2’ x 3’ posters by candidates and
parties can only be displayed in
Common Poster Areas and
Private Premises with the
consent of the owner.
6. Printed Materials
Pamphlets, leaflets, cards,
decals, stickers, or other written
or printed materials must not
exceed 8 ½” width and 14” in
length.
6. Streamers
3’ x 8’ streamers can only
displayed at or on the occasion
of a public rally.
6. Requirements
1. Encouraged to use recyclable and environment-friendly
materials
2. Required to indicate “This material should be recycled or
disposed responsibly.”
3. Bear and be identified by the reasonably legible words
“political advertisement paid for” followed by the true
name and address of the benefiting candidate or party
4. Gender-sensitive and conform with Magna Carta of Women
5. Encouraged to make available printed materials in Braille
6. Respect intellectual property rights
6. Public Rallies
There are 2 types of rallies, i.e.,
Physical Rallies, which require
LGU permits, and E-rallies which
allow candidates to receive gifts.
6. Billboards
For the very first time, putting
up billboards are expressly
allowed by COMELEC, while
giving away t-shirts and gadgets
still requires COMELEC approval.
6. Headquarters
Party/ Candidate Number Submit List to
National Party or COMELEC Law
1/ Province or HUC
Candidate Department and EID
Regional Party 1/ Province or HUC RED
Provincial Party or
1/ Municipality PES
Candidate
District 1/ District
---
Representatives (1/ Municipality)
City Candidates 1/ Councilor District EO (if NCR, RED)
Municipal Candidates 1 EO (if NCR, RED)
6. Campaigning by Voters
A voter need not follow the
requirements for posters,
streamers and printed
materials which are displayed
in their private homes/
premises.
6. Removal
Prohibited Materials must be
removed not later 72 hours
before start of campaign period.
Only COMELEC can remove
unlawful materials and file cases
against candidates.
7. Firearms
Without a Certificate of Authority
from the COMELEC, no one can
carry firearms and deadly
weapons in public places during
the election period.
7. Civil Servants
Without COMELEC approval,
civil servants cannot be
transferred or detailed during
the election period.
7. Elected LGU Officials
Without COMELEC approval,
elective local officials cannot
be suspended during the
election period, unless
pursuant to the Anti-Graft and
Corrupt Practices Act.
7. Fund-Raising and Donations
During the campaign period,
candidates cannot make
donations, contribute to repair
roads and chapels, and any person
cannot raise funds through dances
and performances.
7. Vote-Buying and -Selling
During the campaign period, any
person cannot give, offer or
promise, or solicit or receive
anything of value for campaign
purposes.
7. Releasing Public Funds
Activity/ Expense Period Allowed
Social Services (SS) March 28 – May 11 With COMELEC exemption
Assistance to Individuals in May 2 – May 12 If normally given to qualified
Crisis Situation individuals (basic needs)
Housing-Related (HR) March 28 – May 11 With COMELEC exemption
Treasury Warrants March 28 – May 11 (Absolutely prohibited)
Calamities and Disasters (at anytime) COMELEC exemption not required
(report to COMELEC Law Dept.)
Salaries and MOOE (at anytime) COMELEC exemption not required
Projects/ Programs/ Activities March 28 – May 11 COMELEC exemption not required |
Not SS and HR Established < 03.28 and reported to
COA | Not used for campaign
7. Subordinates and Employees
During the campaign period,
coercion, threats, undue
influence of subordinates and
employees are prohibited in
the public and private sectors.
7. Government Personnel
During the 45-day period before
Election Day, appointment or
hiring new employees without
COMELEC authority, and
promotions or giving of salary
increases by public officials are
prohibited.
7. Transportation, Food & Drinks

Free transportation, food and

drinks cannot be given by
anyone 5 hours before and
after a campaign rally, and on
May 11 and 12.
8. Contributions
Prohibited o Franchise Holders
o All SEC-registered o Donee Institution from
corporations (2 views) Government (P100,000)
o Financing Institutions o Donee Educational
o Public Utility Operator Institutions (P100,000)
o Natural Resources o Foreigners/ Foreign
Explorer Corporations
o Government Contractors o Civil Servants and AFP
8. Expenditures
If there are 70M voters, an
affiliated Senatorial candidate
can only spend as much as
P210M (P3/ voter).
8. Expenditures
Lawful
1. Use of Facilities Not included in P5/3 per
2. Travel voter cap:
3. Compensation 11. Counsel*
4. Communications 12. Copying of List of Voters*
5. Written Materials
13. Sample Ballots*
6. Pollwatchers
7. Office/ HQ
8. Advertisements
9. Meetings/ Rallies
10. Volunteers
9. Voting Hours
Regular voting hours on
Election Day is from 7:00 a.m.
to 7:00 p.m., but Seniors and
PWDs can vote as early as 5:00
a.m..
9. Automated Counting Machine
The ACM has a big
screen where you
can see/ check who
you voted for. It
also prints a VVPAT.
9. Election Returns
Election Returns have QR
Codes, will be posted outside
the polling place, will be
transmitted to Stakeholders
and will be given to 10 Political
Parties.
9. Pre-Proclamation Cases
Cases involving the Boards of
Canvassers (i.e., composition
and proceedings) are the only
Pre-Proclamation Cases allowed
in an automated system.
9. Canvassing
Canvassing and proclamations
are localized/ decentralized and
centralized.
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