Arellano University School of Law | Election Law | Section 66 | AY 2024-2025

ELECTION LAW: Constitutional Provisions

Article V: Suffrage

Section 1. Suffrage may be exercised by all citizens of the Philippines, not otherwise
disqualified by law, who are at least eighteen years of age, and who shall have resided
in the Philippines for at least one year and in place wherein they propose to vote, for
at least six months immediately preceding the election. No literacy, property, or other
substantive requirement shall be imposed on the exercise of suffrage.

Section 2. The Congress shall provide a system for securing the secrecy and sanctity
of the ballot as well as a system for absentee voting by qualified Filipinos abroad.

The Congress shall also design a procedure for the disabled and illiterates to vote
without the assistance of other persons. Until then, they shall be allowed to vote under
existing laws and such rules as the Commission on Elections may promulgate to
protect the secrecy of the ballot.

SUFFRAGE: Nature and Scope

- The right to vote and to be voted upon;

- It is the right and obligation of qualified citizens to vote in the election of national
and local officers of the government;
- Not a natural right but a privilege;
- It is not absolute;
- It is a right conferred by the Constitution- Political Right

Election - Choice of public officials

Plebiscite - choice of people for or against a proposed law or legislative enactment

Referendum - Choice as to ratification or rejection of the law

Initiative - registered voters directly propose, enact, or amend national or local laws

Recall - choice of the people to remove a public officer from office during his/her tenure
or before the expiration of the term

Lecture Notes | Dr Irene Valones Syllabus | Sunday 5:00-6:00 PM

Arellano University School of Law | Election Law | Section 66 | AY 2024-2025

QUALIFICATION OF VOTERS:
1. Filipino citizen;
2. At least 18 years of age on or before Election Day;
3. Resident of the Philippines for at least one year and of the place where they
propose to vote for at least six months immediately preceding the election;
4. Not otherwise disqualified by law.

DISQUALIFICATIONS:

1. Insanity or incompetence, as declared by a court;

2. Conviction of a crime involving disloyalty to the government or any crime
punishable by more than one year of imprisonment unless restored to full civil
and political rights;
3. Loss of Filipino citizenship;
4. Involvement in rebellion, sedition, or terrorism, as determined by the law or final
judicial ruling

Section 2 of Article V of the Constitution, Omnibus Election Code (Batas

Pambansa Blg 881)

PROCEDURAL REQUIREMENTS:

1. Registration of voters - a mandatory requirement for exercising suffrage

government by Republic Act no 8189 (The Voter’s Registration Act of 1996)
- Regulated by the Commission on Elections (COMELEC);
- Continuous Registration, except during specific periods, such as 120
days before a regular election and 90 days before a special election
- Biometric Data Capture (Fingerprints, photograph, and signature) as
required under the Mandatory Biometrics Registration Act of 2013 (RA
No 10367)

AUTOMATED ELECTION SYSTEM

Direct Recording Electronic System

- Type of automated election system that uses electronic ballots, records votes
through ballot display with a mechanical or electro-optical component that
voters can activate.
- It processes data through a computer program, records voting data and ballot
images, and transmits election results electronically.

Lecture Notes | Dr Irene Valones Syllabus | Sunday 5:00-6:00 PM

Arellano University School of Law | Election Law | Section 66 | AY 2024-2025

SECTION 3. No person shall be a Senator unless he is a natural-born citizen of the

Philippines and, on the day of the election, is at least thirty-five years of age, able to
read and write, a registered voter, and a resident of the Philippines for not less than
two years immediately preceding the day of the election the day of the election.

SECTION 5.
1. The House of Representatives shall be composed of not more than two
hundred and fifty members, unless otherwise fixed by law, who shall be elected
from legislative districts apportioned among the provinces, cities, and the
Metropolitan Manila area in accordance with the number of their respective
inhabitants, and on the basis of a uniform and progressive ratio, and those who,
as provided by law, shall be elected through a party-list system of registered
national, regional, and sectoral parties or organizations.
2. The party-list representatives shall constitute twenty per centum of the total
number of representatives including those under the party list. For three
consecutive terms after the ratification of this Constitution, one-half of the seats
allocated to party-list representatives shall be filled as provided by law, by
selection or election from the labor, peasant, urban poor, indigenous, cultural
communities, women, youth, and such other sectors as may be provided by
law, except the religious sector.

SECTION 6. No person shall be a Member of the House of Representatives unless he

is a natural-born citizen of the Philippines and on the day of the election, is at least
twenty-five years of age, able to read and write, and except the party-list
representatives, a registered voter in the district in which he shall be elected, and a
resident thereof for a period of not less than one year immediately preceding the day
of the election.

SECTION 7. The Members of the House of Representatives shall be elected for a term
of three years which shall begin, unless otherwise provided by law, at noon on the
thirtieth day of June next following their election. No member of the House of
Representatives shall serve for three consecutive terms. Voluntary renunciation of the
office for any length of time shall not be considered as an interruption in the continuity
of his service for the full term for which he was elected.

SECTION 8. Unless otherwise provided by law, the regular election of the Senators
and the Members of the House of Representatives shall be held on the second
Monday of May.

SECTION 9. In case of vacancy in the Senate or in the House of Representatives, a

special election may be called to fill such vacancy in the manner prescribed by law,
but the Senator or Member of the House of Representatives thus elected shall serve
only for the unexpired term.

Lecture Notes | Dr Irene Valones Syllabus | Sunday 5:00-6:00 PM

Arellano University School of Law | Election Law | Section 66 | AY 2024-2025

SECTION 17. The Senate and the House of Representatives shall have an Electoral
Tribunal which shall be sole judge of all contests relating to the election, returns, and
qualifications of their respective Members, three of whom shall be Justices of the
Supreme Court to be designated by the Chief Justice, and the remaining six shall be
Members of the Senate or the House of Representatives as the case may be, who
shall be chosen on the basis of proportional representation from the political parties
and the parties or organizations registered under the party-list system represented
therein. The senior Justice in the Electoral Tribunal shall be its Chairman.

ARTICLE VII
EXECUTIVE DEPARTMENT

SECTION 2. No person may be elected President unless he is a natural-born citizen

of the Philippines, a registered voter, able to read and write, at least forty years of age
on the day of the election, and a resident of the Philippines for at least ten years
immediately preceding such election.

SECTION 4. The President and the Vice President shall be elected by direct vote of
the people for a term of six years which shall begin at noon on the thirtieth day of June
next following day of the election and shall end at noon of the same date, six years
thereafter. The President shall not be eligible for any re-election. No person who has
succeeded as President and has served as such for more than four years shall be
qualified for election to the same office at any time.

- No Vice- President shall serve for more than two successive terms. Voluntary
renunciation of the office for any length of time shall not be considered as an
interruption in the continuity of the service for the full term for which he was
elected.
- Unless otherwise provided by law, the regular election for President and Vice
President shall be held on the second Monday of May.
- The returns of every election for President and Vice President, duly certified by
the board of canvassers of each province or city, shall be transmitted to the
Congress, directed to the President of Senate. Upon receipt of the certificates
of canvass, the President shall, not later than thirty days after the day of the
election, open all certificates in the presence of the Senate and House of
Representatives in joint public session, and the Congress, upon determination
of the authenticity and due execution thereof in the manner provided by law,
canvass the voted.
- The person having the highest number of votes shall be proclaimed elected,
but in case two or more shall have an equal and highest number of votes, one
of them shall forthwith be chosen by the vote of a majority of all the Members
of both Houses of the Congress, voting separately.
- The Congress shall promulgate its rules for the canvassing of the certificates.

Lecture Notes | Dr Irene Valones Syllabus | Sunday 5:00-6:00 PM

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- The Supreme Court, sitting en banc, shall be the sole judge of all contests
relating to the election, returns, and qualifications of the President or Vice
President, and may promulgate its rules for the purpose.

SECTION 7. The President-elect and the Vice President-elect shall assume office at
the beginning of their terms.

- If the President-elect fails to qualify, the Vice President-elect shall act as

President un til the President-elect shall have qualified.
- If a President shall not have been chosen, the Vice President-elect shall act as
President until a President shall have been chosen and qualified.
- If at the beginning of the term of the President, the President-elect shall have
died or shall have become permanently disabled, the Vice President-elect shall
become President.

SECTION 8. In case of death, permanent disability, removal from office or resignation

of the President, the Vice President shall become the President to serve the unexpired
term. In case of death, permanent disability, removal from office, or resignation of both
the President and Vice President, the President of the Senate or, in case of his
inability, the Speaker of the House of Representatives, shall then act as President until
the President or Vice President shall have been elected and qualified.
- The Congress shall, by law, provide who shall serve as President in case of
death, permanent disability, or resignation of the Acting President. He shall
serve until the President or the Vice President shall have been elected and
qualified, and be subject to the same restrictions of powers and disqualifications
as the Acting President.

SECTION 9. Whenever there is a vacancy i the Office of the Vice-President during the
term for which he was elected, the President shall nominate a Vice President from
among the Members of the Senate and the House of Representatives who shall
assume office upon confirmation by a majority vote of all Members of both houses of
the Congress, voting separately.

SECTION 10. The Congress shall, at ten o’clock in the morning of the third day after
the vacancy in the offices of the President and Vice-President occurs, convene in
accordance with its rules without need of a call and within seven days, enact a law
calling for a special election to elect a President and Vice-President to be held not
earlier than forty-five days nor later than sixty days from the time of such call. The bill
calling such special election shall be deemed certified under paragraph 2, Section 26,
Article VI of this Constitution and shall become law upon its approval on third reading
by the Congress. Appropriations for the special election shall be charged against any
current appropriations and shall be exempt from the requirements of paragraph 4,
Section25, Article VI of this Constitution. The Convening of the Congress cannot be
suspended nor the special election postponed. No special election shall be called if

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the vacancy occurs within eighteen months before the date of the next presidential
election.

SECTION 15. Two months immediately before the next presidential elections and up
to the end of his term, a President or Acting President shall not make appointments
except temporary appointments to executive positions when continued vacancies
therein will prejudice public service or endanger public safety.

ARTICLE IX
CONSTITUTIONAL COMMISSION

B. The Civil Service Commission

SECTION 1.

1. The civil service shall be administered by the Civil Service Commission

composed of a Chairman and two Commissioners who shall be natural-born
citizens of the Philippines and, at the time of their appointment, at least thirty-
five years of age, with proven capacity for public administration, and must not
have been candidates for any elective position in the elections immediately
preceding their appointment.

SECTION 2.

1. No officer or employee in the civil service shall engage, directly or indirectly, in

any electioneering or partisan political campaign.

SECTION 6. No candidate who has lost in any election, shall within one year after
such election, be appointed to any office in the Government of any Government-owned
or controlled corporations or any other subsidiaries.

C. The Commission on Elections

SECTION1.

1. There shall be a Commission on Elections composed of a Chairman and six

Commissioners who shall be natural-born citizens of the Philippines and, at the
time of their appointment, at least thirty-five years of age, holders of a college
degree, and must not have been candidates for any elective positions in the
immediately preceding elections. However, a majority thereof, including the
Chairman, shall be a member of the Philippine Bar who has been engaged in
the practice of law for at least ten years.

Lecture Notes | Dr Irene Valones Syllabus | Sunday 5:00-6:00 PM

Arellano University School of Law | Election Law | Section 66 | AY 2024-2025

2. The Chairman and the Commissioners shall be appointed by the President with
the consent of the Commission on Appointments for a term of seven years
without reappointment. Of those first appointments, three Members shall hold
office for seven years, two Members for five years, and the last Members for
three years, without re-appointment. Appointment to any vacancy shall be only
for the unexpired term of the predecessor. In no case shall any Member be
appointed or designated in a temporary or acting capacity.

SECTION 7. No votes cast in favor of a political party, organization, or coalition shall

be valid, except for those registered under the party-list system as provided in this
Constitution.

SECTION 8. Political parties, or organizations, or coalitions registered under shall the

party-list system, not be represented in the voters’ registration boards, boards of
election inspectors, boards of canvassers, or other similar bodies. However, they shall
be entitled to appoint poll watchers in accordance with law.

SECTION 11. Funds certified by the Commission as necessary to defray the expenses
for holding regular and special elections, plebiscites, initiatives, referenda, and recalls,
shall be provided in the regular or special appropriations and once approved, shall be
released automatically upon certification by the Chairman of the Commission.

Article XVIII
Transitory Provisions

SECTION 1. The first elections of Members of the Congress under this Constitution
shall be held on the second Monday of May

- The first elections shall be held on a date to be determined by the President,

which may be simultaneous with the election of the Members of the Congress.
It shall include the election of all Members of the city or municipal councils in
the Metropolitan Manila area.

SECTION 15. The incumbent Members of the Civil Service Commission, the
Commission on Elections, and the Commission on Audit shall continue in office for
one year after the ratification of this Constitution unless they are sooner removed for
cause or become incapacitated to discharge the duties of their office or appointed to
a new term thereunder. In no case shall any Member serve longer than seven years
including service before the ratification of this Constitution.

Lecture Notes | Dr Irene Valones Syllabus | Sunday 5:00-6:00 PM

Arellano University School of Law | Election Law | Section 66 | AY 2024-2025

ELECTION PROCEDURE:

● Voters cast their ballots in precincts, usually located in public schools or

designated poling places;
● Automated Election System (AES) to ensure the quick, accurate, and credible
conduct of elections. The use of vote-counting machines (VCMs) has been in
effect in recent elections;
● Filling up of ballots personally by shading the circles corresponding to their
chosen candidates;
● Accredited poll watchers (accredited citizen groups or political parties) are
allowed to monitor the proceedings to prevent fraud;
● Canvassing of votes at different levels specifically on precinct, municipal/city,
provincial, and national

Lecture Notes | Dr Irene Valones Syllabus | Sunday 5:00-6:00 PM

Arellano University School of Law | Election Law | Section 66 | AY 2024-2025

COMELEC

SECTION 1. (1) There shall be a Commission on Elections composed of a Chairman

and six Commissioners who shall be: a natural-born citizen of the Philippines and,

2. At the time of their appointment, at least thirty-five years of age;

3. Holders of a college degree; and
4. Must not have been candidates for any elective positions in the immediately
preceding elections.

However, a majority thereof, including the Chairman, shall be members of the

Philippine Bar who have been engaged in the practice of law for at least ten years.

(2) The Chairman and the Commissioners shall be appointed by the President with
the consent of the Commission on Appointments for a term of seven (7) years without
reappointment.

Of those first appointed, three Members shall hold office for seven (7) years, two
members for five (5) years, and the last Members for three (3) years, without
reappointment. Appointment to any vacancy shall be only for the unexpired term of the
predecessor. In no case shall any Member be appointed or designated in a temporary
or acting capacity.

MANDATED POWERS and FUNCTIONS OF COMELEC:

1. Enforce and administer all laws and regulations relative to the conduct of an
election, plebiscite, initiative, referendum, and recall;

2. Exercise exclusive original jurisdiction over all contests relating to the elections,
returns, and qualifications of all elective regional, provincial, and city officials,
and appellate jurisdiction over all contests involving elective municipal officials
decided by trial courts of general jurisdiction, or involving elective barangay
officials decided by trial courts of limited jurisdiction.

Decisions, final orders, or rulings of the Commission on Election contests

involving elective municipal and barangay offices shall be final, executory, and
not appealable.

3. Decide, except those involving the right to vote, all questions affecting elections,
including determination of the number and location of polling places,
appointment of election officials and inspectors, and registration of voters.

Lecture Notes | Dr Irene Valones Syllabus | Sunday 5:00-6:00 PM

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4. Deputize, with the concurrence of the President, law enforcement agencies,

and instrumentalities of the government, including the Armed Forces of the
Philippines, for the exclusive purpose of ensuring free, orderly, honest,
peaceful, and credible elections.

Register, after sufficient publication, political parties, organizations, or coalitions

which, in addition to other requirements, must present their platform or program of
government; and accredited citizens’ arms of the Commission on Elections. Religious
denominations and sects shall be registered. Those who seek to achieve their goals
through violence or unlawful means, or refuse to uphold and adhere to this
Constitution, or who are supported by any foreign government shall likewise be
refused registration.

5. Financial contributions from foreign governments and their agencies to political

parties, organizations, coalitions, or candidates related to elections, constitute
interference in national affairs, and when accepted, shall be an additional
ground for the cancellation of their registration with the Commission, in addition
to other penalties that may be prescribed by law;

6. File, upon a verified complaint, or on its own initiative, petitions in court for
inclusion or exclusion of voters; investigate and, where appropriate, prosecute
cases of violations of election laws, including acts or omissions constituting
election frauds, offenses, and malpractices;

7. Recommend to Congress effective measures to minimize election spending,

including limitation of places where propaganda material shall be posted, and
to prevent and penalize all forms of election frauds, offenses, malpractices, and
nuisance candidates;

8. Recommend to the President the removal of any officer or employee it has

deputized, or the imposition of any other disciplinary action, for violation or
disregard of, or disobedience to, its directive, order, or decision; and

9. Submit to the President and the Congress, a comprehensive report on the

conduct of each election, plebiscite, initiative, referendum, or recall

SPECIFIC POWER and FUNCTIONS UNDER OMNIBUS ELECTION CODE

a. Exercise direct and immediate supervision and control over national and local
officials or employees, including members of any national or local law
enforcement agency and instrumentality of the government required by law to
perform duties relative to the conduct of elections. In addition, it may authorize

Lecture Notes | Dr Irene Valones Syllabus | Sunday 5:00-6:00 PM

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CMT cadets eighteen years of age and above to act as its deputies for the
purpose of enforcing its orders.

The Commission may relieve any officer or employee referred to in the

preceding paragraph from the performance of his duties relating to electoral
processes who violates the election law or fails to comply with its instructions,
orders, decisions, or rulings, and appoint his substitute. Upon recommendation
of the Commission, the corresponding proper authority shall suspend or remove
from office any or all of such officers or employees who may, after due process,
be found guilty of such violation or failure.

During the period of the campaign and ending thirty days thereafter,
when in any area of the country there are persons committing acts of terrorism
to influence people to vote for or against any candidate or political party, the
Commission shall have the power to authorize any member or members of the
Armed Forces of the Philippines, the National Bureau of Investigation, the
Integrated National Police or any similar agency or instrumentality of the
government, except civilian home defense forces, to act as deputies for the
purpose of ensuring the holding of free, orderly, and honest elections.

c. Promulgate rules and regulations implementing the provisions of this Code or

other laws which the Commission is required to enforce and administer, and
require the payment of legal fees and collect the same in payment of any
business done in the Commission, at rates that it may provide and fix in its rules
and regulations.

Rules and regulations promulgated by the Commission shall take effect

after three (3) days following the publication thereof in at least two (2) daily
newspapers of general circulation. Orders and directives issued by the
Commission pursuant to said rules and regulations shall be furnished by
personal delivery to accredited political parties within forty-eight hours of
issuance and shall take effect immediately upon receipt. (Sec 3(b), 1971 EC)

In case of conflict between rules, regulations, orders, or directives of the

Commission in the exercise of its constitutional powers and those issued by
any other administrative office or agency of the government concerning the
same matter relative to elections, the former shall prevail (Sec 186(b), 1978
EC)

d. Summon the parties ro a controversy pending before it, issue subpoena and
subpoena duces tecum, and take testimony in any investigation or hearing before
it, and delegate such power to any officer of the Commission who shall be a
member of the Philippine Bar. In case of failure of a witness to attend, the
Commission, upon proof of service of the subpoena to said witnesses, may issue

Lecture Notes | Dr Irene Valones Syllabus | Sunday 5:00-6:00 PM

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a warrant to arrest the witness and bring him before the Commission or the officer
before whom his attendance is required.

Any controversy submitted to the Commission shall, after compliance with the
requirements of due process, be immediately heard and decided by it within sixty
days from submission thereof. No decision or resolution shall be rendered by the
Commission either en banc or by division unless taken up in a formal session
properly convened for the purpose.

The Commission may, when necessary, avail of the assistance of any national
or local law enforcement agency and/or instrumentality of the government to
execute under its direct and immediate supervision any of its final decisions,
orders, instructions, or rulings. (Sec 185 (i) 1978 EC).
e. Punish contempts provided for in the Rules of Court in the same procedure and
with the same penalties provided therein. Any violation of any final and executory
decision, order, or ruling of the Commission shall constitute contempt thereof. (Sec
185 (i), 1978 EC, with amendments)

f. Enforce and execute its decisions, directives, orders, and instructions which
shall have precedence over those emanating from any other authority, except the
Supreme Court and those issued in habeas corpus proceedings. (Sec 185 ( c ),
1978 EC).

g. Prescribe the forms to be used in the election, plebiscite, or referendum (Sec

185 (f), 1978 EC).

h. Procure aby supplies, equipment, materials, or services needed for the holding
of the election by public bidding: Provided, that, if it finds the requirements of public
bidding impractical to observe, then by negotiations or sealed bids and in both
cases, the accredited parties shall be duly notified.

i. Prescribe the use or adoption of the latest technological and electronic devices,
taking into account the situation prevailing in the area and the funds available for
the purpose: Provided, that the Commission shall notify the authorized
representatives of accredited political parties and candidates in areas affected by
the use or adoption of technological and electronic devices not less than thirty days
prior to the effectivity of the use of such devices. (Sec 185 ( j ), 1978 EC).

j. Carry out a continuing and systematic campaign through newspapers of

general circulation, radios, and other media forms to educate the public and fully
inform the electorate about election laws, procedures, decisions, and other matters
relative to the work clean, free orderly, and honest electoral processes. (Sec 185 (
k ), 1978 EC).

Lecture Notes | Dr Irene Valones Syllabus | Sunday 5:00-6:00 PM

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(k). Enlist non-partisan group or organizations of citizens from the civic, youth,
professional, educational, business, or labor sectors known for their probity,
impartiality, and integrity with the membership and capability to undertake a
coordinated operation and activity to assist it in the implementation of the
provisions of this Code and the resolutions, orders, and instructions of the
Commission for the purpose of ensuring free, orderly, and honest elections in any
constituency. Such groups or organizations shall function under the direct and
immediate control and supervision of the Commission and shall perform the
following specific functions and duties:

A. Before Election Day:

1. Undertake an information campaign on salient features of this Code
and help in the dissemination of the orders, decisions, and
resolutions of the Commission relative to the forthcoming election.
2. Wage a registration drive in their respective areas so that all citizens
of voting age, not otherwise disqualified by law may be registered.
3. Help cleanse the list of voters of illegal registrants, conduct house-
to-house canvass if necessary, and take the appropriate legal steps
towards this end.
4. Report to the Commission violations of the provisions of this Code on
the conduct of the political campaign, election propaganda, and
electoral expenditures.

B. On Election Day:
1. Exhort all registered voters in their respective areas to go to their
polling places and cast their votes.
2. Nominate one watcher for accreditation in each polling place and
each place of canvass who shall have the same duties, functions,
and rights as the other watchers of political parties and candidates.
Members or units of any citizen group or organization so designated
by the Commission except its lone duly accredited watcher, shall not
be allowed to enter any polling place except to vote, and shall, if they
so desire, stay in an area at least fifty meters away from the polling.
3. Report to the peace authorities and other appropriate agencies all
instances of terrorism, intimidation of voters, and other similar
attempts to frustrate the free and orderly casting of votes.
4. Perform such other functions as may be entrusted to such group or
organization by the Commission.

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The designation of any group or organization made in accordance

herewith may be revoked by the Commission upon notice and hearing
whenever by its actuations such group or organization has shown partiality to
any political party or candidate or has performed acts in excess or in
contravention of the functions and duties herein provided and such others which
may be granted by the Commission.

(I) Conduct hearings on controversies pending before it in the cities or provinces

upon proper motion of any party, taking into consideration the materiality and
number of witnesses to be presented, the situation prevailing in the area and
the funds available for the purpose. (New)

(m) Fix other reasonable periods for certain pre-election requirements in order
that voters shall not be deprived of their right of suffrage and certain groups of
rights granted them in this Code. (Sec 185 ©, 1978 EC)

Unless indicated in this Code, the Commission is hereby authorized for fix the
appropriate period for the various prohibited acts enumerated herein,
consistent with the requirements of free, orderly, and honest elections. (New)

Lecture Notes | Dr Irene Valones Syllabus | Sunday 5:00-6:00 PM