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