GENERAL PROVISIONS

Section 1. Title. - This Act shall be known

and cited as the "Omnibus Election Code of the
Philippines."
Sec. 2. Applicability. - This Code shall govern
all election of public officers and, to the extent
appropriate, all referenda and plebiscites.
Sec. 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.

Sec. 4. Obligation to register and vote. - It

shall be the obligation of every citizen qualified
to vote to register and cast his vote.
Sec. 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.
Sec. 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.
Sec. 7. Call of special election. 1.

In

case

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

Batasang

the

dissolution of

Pambansa,

the

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
Sec. 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.
Sec. 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.
Sec. 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.
Sec. 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.
Sec. 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
amnesty.

plenary

pardon

or

granted

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.

Article II
ELECTION OF PRESIDENT AND VICEPRESIDENT
Sec. 13. Regular election for President
and Vice-President. - The regular election for
President and Vice-President of the Philippines
shall be held on the first Monday of May
Nineteen hundred eighty seven (1987) and on
the same day every six years thereafter. The
President-elect and the Vice-President-elect
shall assume office at twelve o'clock noon on
the thirtieth day of June next following the
election and shall end at noon of the same
date, six years thereafter when the term of his
successor shall begin.
Sec. 14. Special election for President
and Vice-President. - In case a vacancy
occurs for the Office of the President and VicePresident, the Batasang Pambansa shall, at ten
o'clock in the morning of the third day after the
vacancy 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 a VicePresident 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
19,
Article
VIII
of
the
Constitution and shall become law upon its
approval on third reading by the Batasang
Pambansa. Appropriations for the special
election shall be charged against any current
appropriations and shall be exempt from the
requirements of paragraph (4), Section 16 of
Article VIII of the Constitution. The convening
of the Batasang Pambansa cannot be
suspended nor the special election postponed.
No special election shall be called if the
vacancy occurs within seventy days before the
date of the presidential election of 1987.
Sec. 15. Canvass of votes for President
and Vice-President by the provincial or
city board of canvassers.- The provincial,
city, or district boards of canvassers in
Metropolitan Manila, as the case may be, shall
meet not later than six o'clock in the evening
on election day to canvass the election returns
that may have already been received by them,
respectively. It shall meet continuously from
day to day until the canvass is completed, but
may adjourn only for the purpose of awaiting
the other election returns. Each time the board
adjourns, it shall make a total of all the votes
cast for each candidate for President and for

Vice-President, duly authenticated by the

signatures and thumbmarks of all the
members of the provincial, city or district
board
of
canvassers,
furnishing
the
Commission in Manila by the fastest means of
communication a copy thereof, and making
available the data contained therein to mass
media and other interested parties. Upon the
completion of the canvass, the board shall
prepare a certificate of canvass showing the
votes received by each candidate for the office
of the President and for Vice-President, duly
authenticated
by
the
signatures
and
thumbmarks of all the members of the
provincial, city or district board of canvassers.
Upon the completion of the certificate of
canvass, the board shall certify and transmit
the said certificate of canvass to the Speaker
of the Batasang Pambansa.
The provincial, city and district boards of
canvassers shall prepare the certificate of
canvass for the election of President and VicePresident, supported by a statement of votes
by polling place, in quintuplicate by the use of
carbon papers or such other means as the
Commission shall prescribe to the end that all
five copies shall be legibly produced in one
handwriting. The five copies of the certificate
of canvass must bear the signatures and
thumbmarks of all the members of the board.
Upon the completion of these certificates and
statements, they shall be enclosed in
envelopes furnished by the Commission and
sealed, and immediately distributed as follows:

the original copy shall be enclosed and sealed

in the envelope directed to the Speaker and
delivered to him at the Batasang Pambansa by
the fastest possible means; the second copy
shall likewise be enclosed and sealed in the
envelope directed to the Commission; the third
copy shall be retained by the provincial
election supervisor, in the case of the
provincial board of canvassers, and by the city
election registrar, in the case of the city board
of canvassers; and one copy each to the
authorized representatives of the ruling party
and the dominant opposition political party.
Failure to comply with the requirements of this
section shall constitute an election offense.
Sec. 16. Counting of votes for President
and Vice-President by the Batasang
Pambansa. - The certificates of canvass, duly
certified by the board of canvassers of each
province, city or district in Metropolitan Manila
shall be transmitted to the Speaker of the
Batasang Pambansa, who shall, not later than
thirty days after the day of the election,
convene the Batasang Pambansa in session
and in its presence open all the certificates of
canvass, and the votes shall then be counted.
Sec. 17. Correction of errors in certificate
and
supporting
statement
already
transmitted to the Speaker. - No correction
of errors allegedly committed in the certificate
of canvass and supporting statement already
transmitted to the Speaker of the Batasang
Pambansa shall be allowed, subject to the
provisions of the succeeding section.

Sec. 18. Preservation of ballot boxes,

their keys, and disposition of their
contents. - Until after the completion by the
Batasang Pambansa of the canvassing of the
votes and until an uncontested proclamation of
the President-elect and Vice-President-elect
shall have been obtained, the provincial, city
or district board of canvassers under the joint
responsibility with the provincial, city or
municipal treasurers shall provide for the
safekeeping and storage of the ballot boxes in
a safe and closed chamber secured by four
padlocks: one to be provided by the
corresponding board chairman; one by the
provincial or city treasurer concerned; and one
each by the ruling party and the accredited
dominant opposition political party.
Sec. 19. When certificate of canvass is
incomplete
or
bears
erasures
or
alterations. - When the certificate of canvass,
duly certified by the board of canvassers of
each province, city or district in Metropolitan
Manila and transmitted to the Speaker of the
Batasang Pambansa, as provided in the
Constitution, appears to be incomplete, the
Speaker shall require the board of canvassers
concerned to transmit to his office, by personal
delivery, the election returns from polling
places that were not included in the certificate
of canvass and supporting statements. Said
election returns shall be submitted by personal
delivery to the Speaker within two days from
receipt of notice. When it appears that any
certificate of canvass or supporting statement

of votes by polling place bears erasures or

alterations which may cast doubt as to the
veracity of the number of votes stated therein
and may affect the result of the election, the
Batasang Pambansa upon request of the
Presidential or Vice-Presidential candidate
concerned or his party shall, for the sole
purpose of verifying the actual number of
votes cast for President or Vice-President,
count the votes as they appear in the copies of
the election returns for the Commission. For
this purpose, the Speaker shall require the
Commission to deliver its copies of the election
returns to the Batasang Pambansa.
Sec. 20. Proclamation of the Presidentelect and Vice-President-elect. - Upon the
completion of the canvass of the votes by the
Batasang Pambansa, the persons obtaining the
highest number of votes for President and for
Vice-President shall be declared elected; but in
case two or more shall have an equal and the
highest number of votes, one of them shall be
chosen President or Vice-President, as the case
may be, by a majority vote of all the Members
of the Batasang Pambansa in session
assembled.
In case there are certificates of canvass which
have not been submitted to the Speaker of the
Batasang Pambansa on account of missing
election returns, a proclamation may be made
if the missing certificates will not affect the
results of the election.
In case the certificates of canvass which were
not submitted on account of missing election

returns will affect the results of the election, no

proclamation shall be made. The Speaker shall
immediately instruct the boards of canvassers
concerned to obtain the missing election
returns from the boards of election inspectors
or, if the returns have been lost or destroyed
upon prior authority from the Commission, to
use any authentic copy of said election returns
for the purpose of conducting the canvass, and
thereafter issue the certificates of canvass.
The
certificates
of
canvass
shall
be
immediately transmitted to the Speaker of the
Batasang Pambansa.
Proclamation shall be made only upon
submission of all certificates of canvass or
when the missing certificates of canvass will
affect the results of the election.

Article III
ELECTION OF MEMBERS OF THE
BATASANG PAMBANSA

Section Details

Sec. 21. Regular election of Members of

the Batasang Pambansa. - The regular

election of the Members of the Batasang

Pambansa shall be held on the second Monday
of May, Nineteen hundred and ninety (1990)
and on the same day every six years
thereafter.

shall have been made, the Members of the

Batasang Pambansa shall be apportioned in
accordance with the Ordinance appended to
the Constitution, as follows

National Capital Region:

Sec. 22. Special election for Members of
the Batasang Pambansa. - 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.
The Batasang Pambansa through a duly
approved
resolution
or
an
official
communication of the Speaker when it is not in
session shall certify to the Commission the
existence of said vacancy.
Sec. 23. Composition of the Batasang
Pambansa. - The Batasang Pambansa shall be
composed of not more than two hundred
Members elected from the different provinces
of the Philippines with their component cities,
highly urbanized cities and districts of
Metropolitan Manila, those elected or selected
from various sectors as provided herein, and
those chosen by the President from the
members of the Cabinet.
Sec.
24. Apportionment
of
representatives. - Until a new apportionment

Manila, 6;
Quezon City, 4;
Caloocan, 2;
Pasay, 1;
Pasig and Marikina, 2;
Las Pias and Paraaque, 1;
Makati, 1;
Malabon, Navotas and Valenzuela, 2;
San Juan and Mandaluyong, 1;
Taguig, Pateros and Muntinglupa, 1.
Region I:
Abra, 1;
Benguet, 1;
Ilocos Norte with Laoag City, 2;
Ilocos Sur, 2;
La Union, 2;
Mountain Province, 1;
Pangasinan with the cities of
Dagupan and San Carlos, 6;
Baguio City, 1.

Region II:
Batanes, 1;
Cagayan, 3;
Ifugao, 1;

Isabela, 3;
Kalinga-Apayao, 1;
Nueva Vizcaya, 1;
Quirino, 1.

Region III:
Bataan, 1;
Bulacan, 4;
Nueva Ecija with the cities of Cabanatuan, Pala
Pampanga with Angeles City, 4;
Tarlac, 2;
Zambales, 1;
Olongapo City, 1.

Region IV:
Aurora, 1;
Batangas with the cities of Batangas and Lipa,
Cavite with the cities of Cavite, Tagaytay
and Trece Martires, 3;
Laguna with San Pablo City, 4;
Marinduque, 1;
Occidental Mindoro, 1;
Oriental Mindoro, 2;
Palawan with Puerto Princesa City, 1;
Quezon with Lucena City, 4;
Rizal, 2;
Romblon, 1.

Region V:
Albay with Legaspi City, 3;
Camarines Norte, 1;
Camarines Sur with the cities of Iriga and Naga

Catanduanes, 1;
Masbate, 2;
Sorsogon, 2.

Zamboanga del Norte with the cities of

Dapitan and Dipolog, 2;
Zamboanga del Sur with Pagadian City, 3;
Zamboanga City, 1.

Region VI:
Region X:
Aklan, 1;
Agusan del Norte with Butuan City, 1;
Antique, 1;
Agusan del Sur, 1;
Capiz with Roxas City;
Bukidnon, 2;
Iloilo with Iloilo City, 5;
Camiguin, 1;
Negros Occidental
Misamis
the7.cities of
with the cities of Bacolod, Bago, Cadiz, La Carlota,
SanOccidental
Carlos andwith
Silay,
Oroquieta, Ozamis and Tangub, 1;
Misamis Oriental with Gingoog City, 2;
Region VII:
Surigao del Norte with Surigao City, 1;
Bohol with Tagbilaran City, 3;
Cagayan de Oro City, 1.
Cebu with the cities of Danao, Lapu-Lapu,
Mandaue and Toledo, 6;
Negros Oriental with the cities of Bais,
Canlaon and Dumaguete, 3;
Siquijor, 1;
Cebu City, 2.

Any province that may hereafter be created or

any component city that may hereafter be
declared by or pursuant to law as a highly
urbanized city shall be entitled in the
immediately following election to at least one
Member or such number of Members as it may
be entitled to on the basis of the number of
the inhabitants and on the same uniform and
progressive ratio used in the last preceding
apportionment. The number of Members
apportioned to the province out of which the
new province was created or where the new
highly urbanized city is geographically located
shall be correspondingly adjusted by the
Commission, but such adjustment shall not be
made within one hundred twenty days before
the election.

Region XI:
Surigao del Sur, 1;
Sec. 25. Voting by province and its
Davao del Norte, 3;
component cities, by highly urbanized
city or by district in Metropolitan
Davao Oriental, 1;
Manila. - All candidates shall be voted at large
Davao del Sur, 2;
South Cotabato with General Santos City, 3; by the registered voters of their respective
Region VIII:
constituencies. The candidates corresponding
Davao City, 2.
Leyte with the cities of Ormoc and Tacloban, 5;
to the number of Member or Members to be
Southern Leyte, 1;
elected in a constituency who receive the
Eastern Samar, 1;
Region XII:
highest number of votes shall be declared
Northern Samar, 1;
Lanao del Norte, 1;
elected.
Samar with Calbayog City, 2.
Lanao del Sur with Marawi City, 2;
Maguindanao with Cotabato City, 2;
Sec. 26. Sectoral representatives. - There
North Cotabato, 2;
Region IX:
shall be three sectors to be represented in the
Sultan Kudarat, 1;
Basilan, 1;
Batasang Pambansa, namely:
Iligan City, 1.
Sulu, 1;
Tawi-Tawi, 1;
a. youth;

b.

agricultural labor;

c.

industrial labor

whose representatives shall be elected in the

manner herein provided. Each sector shall be
entitled to four representatives, two of whom
shall come from Luzon, one from Visayas, and
one from Mindanao: Provided, That the youth
sector shall be entitled to two additional
sectoral representatives who shall be elected
from any part of the country.
Sec. 27. Scope of the sectors. - The
agricultural labor sector covers all persons who
personally and physically till the land as their
principal occupation. It includes agricultural
tenants and lessees, rural workers and farm
employees, owner-cultivators, settlers and
small fishermen.
The industrial labor sector includes all nonagricultural workers and employees.

attested to by the Ministers of Agrarian Reform

and of Agriculture and Food, the Ministers of
Labor and Employment, and the Ministers of
Local Government and of Education, Culture
and Sports, respectively, shall, in accordance
with the procedures of said organizations or
aggroupments of members of the sector,
submit to the President their respective
nominees for each slot allotted for each sector.
The President shall appoint from among the
nominees submitted by the aforementioned
organizations
or
aggroupments
the
representatives of each sector.
In recognizing the most representative and
generally
recognized
organizations
or
aggroupments, the Ministers of Agrarian
Reform and of Agriculture and Food, the
Minister of Labor and Employment, and the
Ministers of Local Government and Education,
Culture and Sports shall consider:
a.

of the organization or aggroupment

The youth sector embraces persons not more

than twenty-five years of age.
Sec.
28. Selection
of
sectoral
representatives. - Not later than twenty days
after the election of provincial, city or district
representatives, the most representative and
generally
recognized
organizations
or
aggroupments of members of the agricultural
labor, industrial labor, and youth sectors, as

The extent of membership and activity

which should be national;

b.

c.

The militancy and consistency of the

organization

or

aggroupment

espousing the cause and promoting

the welfare of the sector consistent
with that of the whole country;

d.

The observance by such organization

or aggroupment of the rule of law; and

e.

Other analogous factors.

The President of the Philippines shall, in

writing, notify the Secretary-General of the
Batasang Pambansa of the appointment made
by him of any sectoral representative.
Except as herein otherwise provided, sectoral
representatives shall have the same functions,
responsibilities, rights, privileges, qualifications
and disqualifications as the representatives
from the provinces and their component cities,
highly urbanized cities or districts of
Metropolitan Manila.

The responsiveness of the organization

or

aggroupment

to

the

aspirations of its sector;

in

legitimate

Article IV
ELECTION OF LOCAL OFFICIALS

Sec.
29. Regular
elections
of
local
officials. - The election of provincial, city and
municipal officials whose positions are
provided for by the Local Government Code
shall be held throughout the Philippines in the
manner herein prescribed on the first Monday
of May, Nineteen hundred and eighty-six and
on the same day every six years thereafter.
The officials elected shall assume office on the
thirtieth day of June next following the election
and shall hold office for six years and until
their successors shall have been elected and
qualified.
All local incumbent officials whose tenure of
office shall expire on March 23, 1986 shall hold
office until June 30, 1986 or until their
successors shall have been elected and
qualified: Provided, That they cannot be
suspended or removed without just cause.
Sec. 30. Component and highly urbanized
cities. - Unless their respective charters
provide
otherwise,
the
electorate
of
component cities shall be entitled to vote in
the election for provincial officials of the
province of which it is a part.
The electorate of highly urbanized cities shall
not vote in the election for provincial officials
of the province in which it is located: Provided,

however, That no component city shall be

declared or be entitled to a highly urbanized
city status within ninety days prior to any
election.

Created: 05.03.2012 MCDR, Updated:

05.21.2014 JJSH
Article V
ELECTION OF MEMBERS OF THE
REGIONAL ASSEMBLY
OF THE AUTONOMOUS REGIONS

Section Details
Sec. 31. The Sangguniang Pampook of
the autonomous regions. - Region IX and
Region XII in southern Philippines shall each
have a Sangguniang Pampook to be composed
of twenty-seven members and shall include
seventeen representatives elected from the
different provinces and cities of each region,
and a sectoral representative each from
among the youth, agricultural workers, and
non-agricultural workers (industrial labor) of
each region to be selected in the manner
herein provided whose qualifications and
disqualifications are the same as Members of
the Batasang Pambansa.

The President shall appoint an additional seven

representatives in each region whenever in his
judgment any other sector is not properly
represented in the Sangguniang Pampook as a
result of the elections.
Sec. 32. Apportionment of members of
the Sangguniang Pampook. - The Members
of the Sangguniang Pampook of Region IX and
of Region XII shall be apportioned as follows:

Region IX:
Basilan, one (1);
Sulu, three (3);
Tawi-Tawi, one (1);
Zamboanga del Norte
including the cities of Dipolog and
Dapitan, four, (4);
and Zamboanga del Sur,
including the City of Pagadian, six (6); and
Zamboanga City, two (2);
Region XII:
Lanao del Norte, two (2);
Iligan City, one (1);
Lanao del Sur
including the City of Marawi, four (4);
Maguindanao
including the City of Cotabato, four (4);
North Cotabato, four (4); and
Sultan Kudarat, two (2).

Sec.
33. Election
of
members
of
Sangguniang Pampook. - The candidates for
the position of seventeen representatives to
the Sangguniang Pampook of Region IX and of
Region XII shall be voted at large by the
registered voters of each province including
the cities concerned.
The candidates corresponding to the number
of member or members to be elected in a
constituency who receive the highest number
of votes shall be declared elected.
Sec.
34. Selection
of
sectoral
representatives. - The President shall, within
thirty days from the convening of each
Sangguniang Pampook, appoint the sectoral
representatives on recommendation of the
Sangguniang
Pampook
and
after
due
consultation with the representative and
generally
recognized
organizations
or
aggrupations of members of the youth,
agricultural workers and non-agricultural
workers as attested by the Ministers of Local
Government and of Education, Culture and
Sports (youth), Ministers of Agrarian Reform
and of Agriculture and Food (agricultural
workers), and Ministers of Labor and
Employment (non-agricultural or industrial
labor).
The President of the Philippines shall in writing
notify the Speaker of the Sangguniang

Pampook of each region of the appointment

made by him of any sectoral representative.
The sectoral representatives shall have the
same
functions,
responsibilities,
rights,
privileges, qualifications and disqualifications
as the elective provincial representatives to
the Sangguniang Pampook: Provided, however,
That no defeated candidate for member of the
Sangguniang Pampook in the immediately
preceding election shall be appointed as
sectoral representative.
Sec. 35. Filling of vacancy. - Pending an
election to fill vacancy arising from any cause
in the Sangguniang Pampook, the vacancy
shall be filled by the President, upon
recommendation
of
the
Sangguniang
Pampook: Provided, That the appointee shall
come from the same province or sector of the
member being replaced.
Sec. 36. Term of office. - The present
members of the Sangguniang Pampook of each
of Region IX and Region XII shall continue in
office until June 30, 1986 or until their
successors shall have been elected and
qualified or appointed and qualified in the case
of sectoral members. They may not be
removed or replaced except in accordance
with the internal rules of said assembly or
provisions of pertinent laws.

The election of members of the Sangguniang

Pampook of the two regions shall be held
simultaneously with the local elections of
1986. Those elected in said elections shall
have a term of four years starting June 30,
1986.
Those elected in the election of 1990 to be
held simultaneously with the elections of
Members of the Batasang Pambansa shall have
a term of six years.

Article VI
ELECTION OF BARANGAY OFFICIALS
Section Details

Sec. 37. Regular election of barangay

officials. - The election for barangay officials
shall be held throughout the Philippines in the
manner prescribed on the second Monday of
May Nineteen hundred and eighty-eight and on
the same day every six years thereafter.
The officials elected shall assume office on the
thirtieth day of June next following the election
and shall hold office for six years and until
their successors shall have been elected and
qualified.
Sec. 38. Conduct of elections. - The
barangay election shall be non-partisan and
shall be conducted in an expeditious and
inexpensive manner.

No person who files A certificate of candidacy

shall represent or allow himself to be
represented as a candidate of any political
party or any other organization; and no
political party, political group, political
committee, civic, religious, professional, or
other organization or organized group of
whatever nature shall intervene in his
nomination or in the filing of his certificate of
candidacy or give aid or support, directly or
indirectly, material or otherwise favorable to or
against his campaign for election: Provided,
That this provision shall not apply to the
members of the family of a candidate within
the fourth civil degree of consanguinity or
affinity nor to the personal campaign staff of
the candidate which shall not be more than
one for every one hundred registered voters in
his barangay: Provided, however, That without
prejudice to any liability that may be incurred,
no permit to hold a public meeting shall be
denied on the ground that the provisions of
this paragraph may or will be violated.
Nothing in this section, however, shall be
construed as in any manner affecting or
constituting an impairment of the freedom of
individuals to support or oppose any candidate
for any barangay office.
Sec. 39. Certificate of Candidacy. - No
person shall be elected punong barangay or
kagawad ng sangguniang barangay unless he
files a sworn certificate of candidacy in
triplicate on any day from the commencement
of the election period but not later than the

day before the beginning of the campaign

period in a form to be prescribed by the
Commission. The candidate shall state the
barangay office for which he is a candidate.

barangay

polling

composed

of

The certificate of candidacy shall be filed with

the secretary of the sangguniang barangay
who shall have the ministerial duty to receive
said
certificate
of
candidacy
and
to
immediately acknowledge receipt thereof.

the polling place concerned, but who

1.

The Commission shall constitute not

later than ten days before the election
a board of election tellers in every

to

be

elementary

members who are registered voters of

are not incumbent barangay officials
nor related to any candidate for any
position in that barangay within the
fourth

civil

degree

of

affinity

or

consanguinity.

In case no public elementary school

teachers are available, the Commission
shall designate any registered voter in
the polling place who is not an
incumbent
barangay
official
nor
related to any candidate for any
position in that barangay within the
fourth civil degree of affinity or
consanguinity.

The secretary of the sangguniang barangay or

the election registrar, as the case may be,
shall prepare a consolidated list all the
candidates and shall post said list in the
barangay hall and in other conspicuous places
in the barangay at least ten days before the
election.

Sec. 40. Board of Election Tellers. -

place,
public

school teacher as chairman, and two

In case the secretary refuses to receive the

same, or in the case of his absence or nonavailability, a candidate may file his certificate
with the election registrar of the city or
municipality concerned.

Any elective or appointive municipal, city,

provincial or national official or employee, or
those in the civil or military service, including
those in government-owned or controlled
corporations, shall be considered automatically
resigned upon the filing of certificate of
candidacy for a barangay office.

2.

The board of election tellers shall

supervise and conduct the election in
their respective polling places, count
the votes and thereafter prepare a
report in triplicate on a form prescribed
by the Commission. The original of this
report shall be delivered immediately
to the barangay board of canvassers.
The second copy shall be delivered to
the election registrar and the third

copy

shall

be

delivered

to

the

For

barangays

with

two

or

more

secretary of the sangguniang barangay

election precincts the chairman of the

who shall keep the same on file.

board of canvassers shall designate

Sec. 41. Registration of voters and list of

voters. - Not later than seven days before the
election, the board of election tellers shall
meet in every barangay polling place to
conduct the registration of barangay voters
and to prepare the list of voters. Any voter
may challenge the qualification of any person
seeking to register and said challenge shall be
heard and decided on the same day by the
board of election tellers.
The final list of voters shall be posted in the
polling places at least two days before election
day. The registration of any voter shall not be
transferred without written notice at least two
days before the date of election. Not later than
the day following the barangay election, the
board of election tellers shall deliver the list of
voters to the election registrar for custody and
safekeeping.
Sec. 42. Polling places. 1.

2.

The chairman of the board of election

tellers shall designate the public school
or any other public building within the
barangay to be used as polling place in
case the barangay has one election
precinct.

the public school or any other public

building to be used as polling place.
In case there is no public school or other public
building that can be used as polling places,
other appropriate private buildings may be
designated: Provided, That such buildings are
not owned or occupied or possessed by any
incumbent elective public official or candidate,
or his relative within the fourth civil degree of
consanguinity or affinity. The polling place shall
be centrally located as possible, always taking
into consideration the convenience and safety
of the voters.
Sec. 43. Official barangay ballots. - The
official barangay ballots shall be provided by
the city or municipality concerned of a size and
color to be prescribed by the Commission.
Such official ballots shall, before they are
handed to the voter at the pollingplace, be
authenticated in the presence of the voter, by
the
authorized
representatives
of
the
candidates and the chairmanand members of
the board of election tellers who shall affix
their signatures at the back thereof. Any ballot
which is not authenticated shall be deemed
spurious.
Sec. 44. Ballot boxes. - The Commission
shall provide the ballot boxes for each
barangay polling place, but each candidate

may be permitted to provide a padlock for said

ballot box.
Sec. 45. Postponement or failure 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 and
honest election should become impossible in
any barangay, the Commission, upon a verified
petition of an interested party and after due
notice and hearing at which the interested
parties are given equal opportunity to be
heard, shall postpone the election therein for
such time as it may deem necessary.
If, on account of force majeure, violence,
terrorism, fraud or otheranalogous causes, the
election in any barangay has not been held on
the date herein fixed or has been suspended
before the hour fixed by law for the closing of
the voting therein and such failure or
suspension of election would affect the result
of the election, the Commission, on the basis
of a verified petition of an interested party,
and after due notice and hearing, at which the
interested parties are given equal opportunity
to be heard shall call for the holding or
continuation of the election within thirty days
after it shall have verified and found that the
cause or causes for which the election has
been postponed or suspended have ceased to
exist or upon petition of at least thirty percent
of the registered voters in the barangay
concerned.

When the conditions in these areas warrant,

upon verification by the Commission, or upon
petition of at least thirty percent of the
registered voters in the barangay concerned, it
shall order the holding of the barangay
election which was postponed or suspended.

winners. The board of canvassers shall

accomplish

original of the certificate shall be sent

to the election registrar concerned, the
second copy shall be delivered to the
secretary of the sangguniang bayan or

board of canvassers at least seven

before

the

election

in

sangguniang panglunsod, as the case

each

may be, and the third copy shall be

barangay, to be composed of the

senior

public

elementary

kept on file by the secretary of the

school

sangguniang barangay.

teacher in the barangay as chairman,

and

two

other

public

of

be prescribed by the Commission. The

The Commission shall constitute a

days

certificate

proclamation in triplicate on a form to

Sec. 46. Barangay board of canvassers. 1.

the

elementary

school teachers, as members.

3.

In a barangay where there is only one

polling place, the barangay board of
election

In case the number of public

elementary
school
teachers
is
inadequate, the Commission shall
designate the chairman and members
of the barangay board of canvassers
from among the board of election
tellers.
2.

The barangay board of canvassers

shall meet immediately in a building
where a polling place is found and
which is most centrally located in the
barangay and after canvassing the
results from the various polling places
within

the

barangay,

proclaim

the

tellers

shall

also

be

the

barangay board of canvassers.

Sec. 47. Activities during the campaign
period. - During the campaign period, the
punong barangay if he is not a candidate, or
any resident of the barangay designated by
the Commission, shall convene the barangay
assembly at least once for the purpose of
allowing the candidates to appear at a joint
meeting duly called, upon proper and with at
least two days notice, to explain to the
barangay voters their respective program of
administration, their qualifications, and other
information that may help enlighten voters in
casting their votes.

The members of the barangay assembly may

take up and discuss other matters relative to
the election of barangay officials.
Sec. 48. Watchers. - Candidates may appoint
two watchers each, to serve alternately, in
every polling place within the barangay, who
shall be furnished with a signed copy of the
results of the election, in such form as the
Commission may prescribe, immediately after
the completion of the canvass.
Sec. 49. Inclusion and exclusion cases. Inclusion and exclusion cases which shall be
decided not later than seven before the date of
the election shall be within the exclusive
original jurisdiction of the municipal or
metropolitan trial court. The notice of such
decision shall be served to all parties within
twenty-four hours following its promulgation
and any party adversely affected may appeal
therefrom within twenty-four hours to the
regional trial court which shall finally decide
the same not later than two days before the
date of the election.
Sec. 50. Funding. - Local governments shall
appropriate such funds to defray such
necessary and reasonable expenses of the
members of the board of election tellers, board
of canvassers and the printing of election
forms and procurement of other election
paraphernalia, and the installation of polling
booths.
Sec. 51. Penalties. - Violations of any
provisions of this Article shall constitute
prohibited acts and shall be prosecuted and

penalized in accordance with the provisions of

this Code.

The

Article VII
THE COMMISSION ON ELECTIONS
Section Details
Sec. 52. Powers and functions of the
Commission on Elections. - In addition to
the powers and functions conferred upon it by
the Constitution, the Commission shall have
exclusive charge of the enforcement and
administration of all laws relative to the
conduct of elections for the purpose of
ensuring free, orderly and honest elections,
and shall:
a.

Exercise

and

may

relieve

any

from

the

which

the

legal fees and collect the same in

instructions,

payment of any business done in the

orders,

decisions

or

rulings, and appoint his substitute.

Commission,

Upon

provide

recommendation

of

the

authority shall suspend or remove from

office any or all of such officers or
employees
process,

who

be

may,

found

after

guilty

of

due
such

violation or failure.
During the period of the campaign and
ending thirty days thereafter, when in

against

local law enforcement agency and

party, the Commission shall have the

instrumentality

any

candidate

or

political

government

power to authorize any member or

required by law to perform duties

members of the Armed Forces of the

relative to the conduct of elections. In

Philippines, the National Bureau of

addition, it may authorize CMT cadets

Investigation, the Integrated National

eighteen years of age and above to act

Police

as its deputies for the purpose of

instrumentality

enforcing

except civilian home defense forces, to

orders.

laws

administer, and require the payment of

to influence people to vote for or

its

other

election law or fails to comply with its

including members of any national or

the

or

electoral processes who violates the

persons committing acts of terrorism

of

regulations

Commission is required to enforce and

and

employees,

and

performance of his duties relating to

supervision and control over national

or

rules

Code

paragraph

any area of the country there are

officials

Promulgate

preceding

Commission, the corresponding proper

b.

c.

implementing the provisions of this

immediate

local

direct

Commission

officer or employee referred to in the

or

any

similar
of

the

agency

or

government,

act as deputies for the elections.

and

at rates
fix

in

that it may
its

rules

and

regulations.
Rules and regulations promulgated by
the Commission to implement the
provisions of this Code shall take effect
on the sixteenth day after publication
in the Official Gazette or in at least
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 fortyeight hours of issuance and shall take
effect immediately upon receipt.
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
he same matter relative to elections,
the former shall prevail.

d.

Summon the parties to a controversy

Punish contempts provided for in the

funds

pending before it, issue subpoena and

Rules of Court in the same procedure

Provided, That the Commission shall

subpoena

duces

and with the same penalties provided

notify the authorized representatives

testimony

in

or

therein. Any violation of any final and

of

hearing before it, and delegate such

executory decision, order or ruling of

candidates in areas affected by the use

power to any officer of the Commission

the

or

who

contempt thereof.

shall

be

tecum,

any

and

take

investigation

member

of

e.

the

Philippine Bar. In case of failure of a

witness to attend, the Commission,

f.

to said witnesses, may issue a warrant

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

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.

Enforce

and

directives,

upon proof of service of the subpoena

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.

Commission

g.

shall

constitute

execute

orders

which

shall

those

emanating

its

adoption

the

political
of

purpose:

parties

and

technological

and

and

have

days prior to the effectivity of the use

decisions,

of such devices.

instructions

precedence
from

over

any

j.

other

Carry out a continuing and systematic

campaign

through

newspapers

of

authority, except the Supreme Court

general circulation, radios and other

and those issued in habeas corpus

media forms to educate the public and

proceedings.

fully

Procure

any

supplies,

holding

of

the

by

impractical

of
to

public

observe,

public
bidding

then

electorate

about

and duties of the Commission and the

bidding: Provided, That, if it finds the

requirements

the

and other matters relative to the work

equipment,

election

inform

election laws, procedures, decisions,

Prescribe the forms to be used in the

necessity of clean, free, orderly and

materials or services needed for the

by

negotiations or sealed bids, and in

both cases, the accredited parties shall
be duly notified.
i.

accredited

for

electronic devices not less than thirty

election, plebiscite or referendum.

h.

available

honest electoral processes.

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

Prescribe the use or adoption of the

activity

latest

implementation of the provisions of

technological

devices,

taking

into

and

electronic

account

to

assist

it

in

the

the

this Code and the resolutions, orders

situation prevailing in the area and the

and instructions of the Commission for

the purpose of ensuring free, orderly

registrants,

and

house-to-house

any citizen group or

canvass if necessary,

organization

and

designated

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.

4.

the

lone

Report

to

the political campaign,

on salient features of

election

this Code and help in

and

the

dissemination

expenditures.

the

orders,

polling place except to

vote, and shall, if they
so desire, stay in an
area

to

the

forthcoming

Wage

drive

registration
in

respective
that

all

voting
otherwise
by

so

citizens

of

all

registered
in

all

to their polling places

of voters, and other

and cast their votes.

similar

for

accreditation

who

shall

have

orderly

in

the

attempts

to

frustrate the free and

Nominate one watcher

each place of canvass

be

of

terrorism, intimidation

disqualified
may

agencies

instances

respective areas to go

each polling place and

law

Report to the peace

appropriate

their

not

age,

registered.
3.

2.

fifty

authorities and other

their
areas

least

polling place.
3.

voters

election.
2.

Exhort

at

meters away from the

electoral

and resolutions of the

1.

accredited

allowed to enter any

propaganda

B. On Election Day:

duly

watcher, shall not be

the

campaign

Commission relative

the

Commission except its

Code on the conduct of

decisions

by

towards this end.

an

of

so

appropriate legal steps

of the provisions of this

Undertake
information

take

Members or units of

Commission violations

Before Election Day:

1.

conduct

casting

of

votes.
4.

Perform

such

other

functions as may be

same duties, functions

entrusted

to

such

and rights as the other

group or organization

Help cleanse the list of

watchers

by the Commission.

voters

parties and candidates.

of

illegal

of

political

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.
l.

Conduct

hearings

on

right of suffrage and certain groups of

rights granted them in this Code.
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.
Sec. 53. Field offices of the Commission. The Commission shall have the following field
offices:
1.

Regional Election Office, headed by the

Regional Election Director and assisted
by the Assistant Regional Director and
such

other

subordinate

officers

or

employees as the Commission may

appoint.
2.

Provincial Election Office, headed by

controversies

the Provincial Election Supervisor and

pending before it in the cities or

assisted by such other subordinate

provinces upon proper motion of any

officers

party, taking into consideration the

Commission may appoint.

materiality and number of witnesses to

be presented, the situation prevailing
in the area and the fund available for
the purpose.
m. Fix other reasonable periods for certain
pre-election requirements in order that
voters shall not be deprived of their

3.

or

employees

as

the

City/Municipal Election Office, headed

by the City/Municipal Registrar who
shall be assisted by an election clerk
and such other employees as the
Commission may appoint.

The Commission may delegate its powers and

functions or order the implementation or

enforcement of its orders, rulings, or decisions

through the heads of its field offices.
Sec. 54. Qualifications. - Only members of
the Philippines Bar shall be eligible for
appointment to the position of regional
director, assistant regional director, provincial
election supervisor and election registrar:
Provided, however, That if there are no
members of the Philippine Bar available for
appointment as election registrar, except in
cities and capital towns, graduates of duly
recognized schools of law, liberal arts,
education or business administration who
possess the appropriate civil service eligibility
may be appointed to said position.
Sec.
55. Office
space. The
local
government concerned shall provide a suitable
place for the office of the provincial election
supervisor and his staff and the election
registrar and his staff: Provided, That in case of
failure of the local government concerned to
provide such suitable place, the provincial
election supervisor or the election registrar, as
the case may be, upon prior authority of the
Commission
and
notice
to
the
local
government concerned, may lease another
place for office and the rentals thereof shall be
chargeable to the funds of the local
government concerned.
Sec. 56. Changes in the composition,
distribution or assignment of field
offices. - The Commission may make changes
in
the
composition,
distribution
and
assignment of field offices, as well as its

personnel, whenever the exigencies of the

service and the interest of free, orderly, and
honest election so require: Provided, That such
changes shall be effective and enforceable
only for the duration of the election period
concerned and shall not affect the tenure of
office of the incumbents of positions affected
and shall not constitute a demotion, either in
rank or salary, nor result in change of status:
and Provided, further, That there shall be no
changes in the composition, distribution or
assignment within thirty days before election,
except for cause and after due notice and
hearing, and that in no case shall a regional or
assistant regional director be assigned to a
region; a provincial election supervisor to a
province; or a city or municipal election
registrar to a city or municipality, where he
and/or his spouse are related to any candidate
within the fourth civil degree of consanguinity
or affinity as the case may be.
Sec.
57. Measures
to
ensure
enforcement. - For the effective enforcement
of the provisions of this Code, the Commission
is further vested and charged with the
following powers, duties and responsibilities:
1.

To

issue

search

warrants

after

examination under oath or affirmation

of the complainant and the witnesses
2.

To stop any illegal election activity, or

confiscate, tear down, and stop any
unlawful, libelous, misleading or false

election propaganda, after due notice

and hearing.
3.

To inquire into the financial records of

candidates and any organization or
group of persons, motu proprio or upon
written

representation

for

probable

cause by any candidate or group of

persons or qualified voter, after due
notice and hearing.
For purposes of this section, the Commission
may avail itself of the assistance of the
Commission on Audit, the Central Bank, the
National Bureau of Investigation, the Bureau of
Internal Revenue, the Armed Forces of the
Philippines, the Integrated National Police of
the Philippines, barangay officials, and other
agencies of the government.
Sec. 58. Disqualifications of members of
the Commission. - The chairman and
members of the Commission shall be subject
to the canons of judicial ethics in the discharge
of their functions.
No chairman or commissioner shall sit in any
case in which he has manifested bias or
prejudice for or against or antagonism against
any party thereto and in connection therewith,
or in any case in which he would be
disqualified under the Rules of Court. If it be
claimed that the chairman or a commissioner
is disqualified as above provided, the party
objecting to his competency may file his
objection in writing with the Commission

stating the ground therefor. The official

concerned shall continue to participate in the
hearing or withdrawn therefrom in accordance
with his determination of the question of his
disqualification. The decision shall forthwith be
made in writing and filed with the other papers
of the case in accordance with the Rules of
Court. If a disqualification should result in a
lack of quorum in the Commission sitting en
banc, the Presiding Justice of the Intermediate
Appellate Court shall designate a justice of
said court to sit in said case for the purpose of
hearing and reaching a decision thereon.
Sec. 59. Publication of official ballots and
election returns and printing thereof. The Commission shall publish at least ten days
before an election in a newspaper of general
circulation certified data on the number of
official ballots and election returns and the
names and addresses of the printers and the
number printed by each.

Article VIII
POLITICAL PARTIES

Section Details

Sec. 60. Political party. - "Political party" or

"party", when used in this Act, means an
organized group of persons pursuing the same
ideology, political ideas or platforms of
government and includes its branches and
divisions. To acquire juridical personality,
quality it for subsequent accreditation, and to
entitle it to the rights and privileges herein
granted to political parties, a political party
shall first be duly registered with the
Commission. Any registered political party
that, singly or in coalition with others, fails to
obtain at least ten percent of the votes cast in
the constituency in which it nominated and
supported a candidate or candidates in the
election next following its registration shall,
after notice and hearing be deemed to have
forfeited such status as a registered political
party in such constituency.
Sec. 61. Registration. - Any organized group
of persons seeking registration as a national or
regional political party may file with the
Commission a verified petition attaching
thereto its constitution and by-laws, platform
or program of government and such other
relevant information as may be required by the
Commission. The Commission shall, after due
notice and hearing, resolve the petition within
ten days from the date it is submitted for
decision.
No religious sect shall be registered as a
political party and no political party which

seeks to achieve its goal through violence shall

be entitled to accreditation.
Sec. 62. Publication of petition for
registration
or
accreditation. The
Commission shall require publication of the
petition for registration or accreditation in at
least three newspapers of general circulation
and shall, after due notice and hearing, resolve
the petition within fifteen days from the date it
is submitted for decision.

Article IX
ELIGIBILITY OF CANDIDATES AND
CERTIFICATE OF CANDIDACY
Section Details

Sec. 63. Qualifications for President and

Vice-President of the Philippines. - 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 election,
and a resident of the Philippines for at least
ten years immediately preceding such
election.
Sec. 64. Qualifications for Members of the
Batasang Pambansa. - No person shall be
elected Member of the Batasang Pambansa as
provincial, city or district representative 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, a registered voter in the constituency in
which he shall be elected, and a resident
thereof for a period of not less than six months
immediately preceding the day of the election.
A sectoral representative shall be a naturalborn citizen of the Philippines, able to read and
write, a resident of the Philippines, able to read
and write, a resident of the Philippines for a
period of not less than one year immediately
preceding the day of the election, a bona fide
member of the sector he seeks to represent,
and in the case of a representative of the
agricultural or industrial labor sector, shall be a
registered voter, and on the day of the election
is at least twenty-five years of age.
The youth sectoral representative should at
least be eighteen and not be more than
twenty-five years of age on the day of the
election: Provided, however, That any youth
sectoral representative who attains the age of
twenty-five years during his term shall be
entitled to continue in office until the
expiration of his term.
Sec. 65. Qualifications of elective local
officials. - The qualifications for elective
provincial, city, municipal and barangay
officials shall be those provided for in the Local
Government Code.
Sec. 66. Candidates holding appointive
office or positions. - Any person holding a
public appointive office or position, including
active members of the Armed Forces of the

Philippines, and officers and employees in

government-owned or controlled corporations,
shall be considered ipso facto resigned from
his office upon the filing of his certificate of
candidacy.
Sec. 67. Candidates holding elective
office. - Any elective official, whether national
or local, running for any office other than the
one which he is holding in a permanent
capacity, except for President and VicePresident,
shall
be
considered ipso
facto resigned from his office upon the filing of
his certificate of candidacy.
Sec. 68. Disqualifications. - Any candidate
who, in an action or protest in which he is a
party is declared by final decision of a
competent court guilty of, or found by the
Commission of having
a.

given

money

or

other

material

consideration to influence, induce or

corrupt the voters or public officials
performing electoral functions;

d.

solicited,

received

or

made

any

contribution prohibited under Sections

89, 95, 96, 97 and 104; or

e.

violated any of Sections 80, 83, 85, 86

and 261, paragraphs d, e, k, v, and cc,
subparagraph 6, shall be disqualified
from continuing as a candidate, or if he
has been elected, from holding the
office. Any person who is a permanent
resident of or an immigrant to a
foreign country shall not be qualified to
run for any elective office under this
Code, unless said person has waived
his status as permanent resident or
immigrant of a foreign country in
accordance

with

the

requirement

provided

residence
for

in

the

election laws.
b.

committed

acts

of

terrorism

to

enhance his candidacy;

c.

spent in his election campaign an

amount in excess of that allowed by
this Code;

Sec.
69. Nuisance
candidates. The
Commission may motu proprio or upon a
verified petition of an interested party, refuse
to give due course to or cancel a certificate of
candidacy if it is shown that said certificate
has been filed to put the election process in
mockery or disrepute or to cause confusion
among the voters by the similarity of the
names of the registered candidates or by other
circumstances
or
acts
which
clearly

demonstrate that the candidate has no bona

fide intention to run for the office for which the
certificate of candidacy has been filed and thus
prevent a faithful determination of the true will
of the electorate.
Sec. 70. Guest candidacy. - A political party
may nominate and/or support candidates not
belonging to it.
Sec.
71. Changing
political
party
affiliation. - An elective official may change
his party affiliation for purposes of the election
next following his change of party within one
year prior to such election.
Sec. 72. Effects of disqualification cases
and priority. - The Commission and the courts
shall give priority to cases of disqualification
by reason of violation of this Act to the end
that a final decision shall be rendered not later
than seven days before the election in which
the disqualification is sought.
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. Nevertheless, 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, his violation of the
provisions of the preceding sections shall not
prevent his proclamation and assumption to
office.
Sec. 73. Certificate of candidacy. - No
person shall be eligible for any elective public

office unless he files a sworn certificate of

candidacy within the period fixed herein.
A person who has filed a certificate of
candidacy may, prior to the election, withdraw
the same by submitting to the office concerned
a written declaration under oath.
No person shall be eligible for more than one
office to be filled in the same election, and if
he files his certificate of candidacy for more
than one office, he shall not be eligible for any
of them. However, before the expiration of the
period for the filing of certificates of candidacy,
the person who was filed more than one
certificate of candidacy may declare under
oath the office for which he desires to be
eligible and cancel the certificate of candidacy
for the other office or offices.
The filing or withdrawal of a certificate of
candidacy shall not affect whatever civil,
criminal or administrative liabilities which a
candidate may have incurred.
Sec.
74. Contents
of
certificate
of
candidacy. - The certificate of candidacy shall
state that the person filing it is announcing his
candidacy for the office stated therein and that
he is eligible for said office; if for Member of
the Batasang Pambansa, the province,
including
its
component
cities,
highly
urbanized city or district or sector which he
seeks to represent; the political party to which
he belongs; civil status; his date of birth;
residence; his post office address for all
election
purposes;
his
profession
or

occupation; that he will support and defend

the Constitution of the Philippines and will
maintain true faith and allegiance thereto; that
he will obey the laws, legal orders, and decrees
promulgated
by
the
duly
constituted
authorities; that he is not a permanent
resident or immigrant to a foreign country;
that the obligation imposed by his oath is
assumed
voluntarily,
without
mental
reservation or purpose of evasion; and that the
facts stated in the certificate of candidacy are
true to the best of his knowledge.
Unless a candidate has officially changed his
name through a court approved proceeding, a
certificate shall use in a certificate of
candidacy the name by which he has been
baptized, or if has not been baptized in any
church or religion, the name registered in the
office of the local civil registrar or any other
name allowed under the provisions of existing
law or, in the case of a Muslim, his Hadji name
after performing the prescribed religious
pilgrimage: Provided, That when there are two
or more candidates for an office with the same
name and surname, each candidate, upon
being made aware or such fact, shall state his
paternal and maternal surname, except the
incumbent who may continue to use the name
and surname stated in his certificate of
candidacy when he was elected. He may also
include one nickname or stage name by which
he is generally or popularly known in the
locality.

The person filing a certificate of candidacy

shall also affix his latest photograph, passport
size; a statement in duplicate containing his
bio-data and program of government not
exceeding one hundred words, if he so desires.
Sec.
75. Filing
and
distribution
of
certificate of candidacy. - The certificate of
candidacy shall be filed on any day from the
commencement of the election period but not
later than the day before the beginning of the
campaign period: Provided, That in cases of
postponement or failure of election under
Sections 5 and 6 hereof, no additional
certificate of candidacy shall be accepted
except in cases of substitution of candidates as
provided under Section 77 hereof.
The certificates of candidacy for President and
Vice-President of the Philippines shall be filed
in ten legible copies with the Commission
which shall order the printing of copies thereof
for distribution to all polling places. The
certificates of candidacy for the other offices
shall be filed in duplicate with the offices
herein below mentioned, together with a
number of clearly legible copies equal to twice
the number of polling places in the province,
city, district, municipality or barangay, as the
case may be:
a.

For representative in the Batasang

Pambansa, with the Commission, the
provincial

election

supervisor,

city

election registrar in case of highly

urbanized

cities,

or

an

officer

designated by the Commission having

jurisdiction over the province, city or
representative district who shall send
copies thereof to all polling places in
the province, city or district;

b.

For

provincial

offices,

with

the

provincial election supervisor of the

province concerned who shall send
copies thereof to all polling places in
the province;

c.

For city and municipal offices, with the

city or municipal election registrar who
shall send copies thereof to all polling
places in the city or municipality; and

d.

For punong barangay or kagawad ng

sangguniang barangay, the certificates
of

candidacy

accordance

shall

with

the

be

filed

provisions

in
of

Section 39 of Article VI of this Code.

The duly authorized receiving officer shall
immediately send the original copy of all
certificates of candidacy received by him to
the Commission.

Sec. 76. Ministerial duty of receiving and

acknowledging receipt. - The Commission,
provincial
election
supervisor,
election
registrar or officer designated by the
Commission or the board of election inspectors
under the succeeding section shall have the
ministerial duty to receive and acknowledge
receipt of the certificate of candidacy.
Sec. 77. Candidates in case of death,
disqualification
or
withdrawal
of
another. - If after the last day for the filing of
certificates of candidacy, an official candidate
of a registered or accredited political party
dies, withdraws or is disqualified for any cause,
only a person belonging to, and certified by,
the same political party may file a certificate of
candidacy to replace the candidate who died,
withdrew or was disqualified. The substitute
candidate nominated by the political party
concerned may file his certificate of candidacy
for the office affected in accordance with the
preceding sections not later than mid-day of
the day of the election. If the death,
withdrawal or disqualification should occur
between the day before the election and midday of election day, said certificate may be
filed with any board of election inspectors in
the political subdivision where he is a
candidate, or, in the case of candidates to be
voted for by the entire electorate of the
country, with the Commission.
Sec. 78. Petition to deny due course to or
cancel a certificate of candidacy. - A
verified petition seeking to deny due course or

to cancel a certificate of candidacy may be

filed by the person exclusively on the ground
that any material representation contained
therein as required under Section 74 hereof is
false. The petition may be filed at any time not
later than twenty-five days from the time of
the filing of the certificate of candidacy and
shall be decided, after due notice and hearing,
not later than fifteen days before the election.

- Article X

CAMPAIGN AND ELECTION

PROPAGANDA
Sec. 79. Definitions. - As used in this Code:
a.

The term "candidate" refers to any

person aspiring for or seeking an
elective public office, who has filed a
certificate of candidacy by himself or
through an accredited political party,
aggroupment, or coalition of parties;

b.

The term "election campaign" or

"partisan political activity" refers to
an

act

election

designed
or

defeat

to

promote

of

the

particular

candidate or candidates to a public

office which shall include:
1.

Forming
associations,

organizations,
clubs,

committees or other groups of

persons for the purpose of

soliciting

2.

votes

and/or

votes, pledges or support for or

or against a candidate;

against a candidate.

Holding
parades,

political

caucuses,

or

other

similar

assemblies, for the purpose of

soliciting

votes

and/or

undertaking any campaign or

propaganda for or against a
candidate;

Making

speeches,

announcements
commentaries,

or
or

holding

interviews for or against the

election of any candidate for
public office;

4.

Directly or indirectly soliciting

undertaking any campaign for

conferences, meetings, rallies,

3.

5.

Publishing
campaign

or

distributing

literature

or

materials designed to support

or oppose the election of any
candidate; or

The foregoing enumerated acts if performed

for the purpose of enhancing the chances of
aspirants for nomination for candidacy to a
public office by a political party, aggroupment,
or coalition of parties shall not be considered
as election campaign or partisan election
activity.
Public expressions or opinions or discussions of
probable issues in a forthcoming election or on
attributes of or criticisms against probable
candidates proposed to be nominated in a
forthcoming political party convention shall not
be construed as part of any election campaign
or partisan political activity contemplated
under this Article.
Sec. 80. Election campaign or partisan
political
activity
outside
campaign
period. - It shall be unlawful for any person,
whether or not a voter or candidate, or for any
party, or association of persons, to engage in
an election campaign or partisan political
activity except during the campaign period:
Provided, That political parties may hold
political conventions or meetings to nominate
their official candidates within thirty days
before the commencement of the campaign
period and forty-five days for Presidential and
Vice-Presidential election.
Sec. 81. Intervention of foreigners. - It
shall be unlawful for any foreigner, whether

judicial or natural person, to aid any candidate

or political party, directly or indirectly, or take
part in or influence in any manner any
election, or to contribute or make any
expenditure in connection with any election
campaign or partisan political activity.
Sec. 82. Lawful election propaganda. Lawful election propaganda shall include
a.

Pamphlets,

leaflets,

cards,

decals,

stickers or other written or printed

materials of a size not more than eight
and

one-half

inches

in

width

and

fourteen inches in length;

b.

Handwritten or printed letters urging

voters to vote for or against any
particular candidate;

c.

Cloth, paper or cardboard posters,

whether framed or posted, with an
area exceeding two feet by three feet,
except that, at the site and on the
occasion of a public meeting or rally,
or in announcing the holding of said
meeting

or

rally,

streamers

not

exceeding three feet by eight feet in

size, shall be allowed: Provided, That
said streamers may not be displayed
except one week before the date of the

meeting or rally and that it shall be

removed

within

seventy-two

hours

after said meeting or rally; or

d.

All other forms of election propaganda

not prohibited by this Code as the
Commission may authorize after due
notice to all interested parties and
hearing

where

all

parties

were

given

a.

interested

To print, publish, post or distribute any

wallets,

shirts,

matches,

cigarettes

except

that

hats,

bandanas,

and

campaign

the

like,

supporters

accompanying a candidate shall be

allowed to wear hats and/or shirts or Tshirts advertising a candidate;

d.

To

show

or

display

publicly

any

poster, pamphlet, circular, handbill, or

advertisement or propaganda for or

equal

printed matter urging voters to vote

against any candidate by means of

opportunity to be heard: Provided, That

for or against any candidate unless

cinematography, audio-visual units or

the Commission's authorization shall

they bear the names and addresses of

other

be published in two newspapers of

the printer and payor as required in

telecasts which may be allowed as

general

Section 84 hereof;

hereinafter provided; and

circulation

the

against a candidate or group of candidates to

any public office shall bear and be identified by
the words "paid for by" followed by the true
and correct name and address of the payor
and by the words "printed by" followed by the
true and correct name and address of the
printer.
Sec. 85. Prohibited forms of election
propaganda. - It shall be unlawful:

an

throughout

the

screen

projections

except

nation for at least twice within one

week after the authorization has been
granted.
Sec.
83. Removal,
destruction
or
defacement
of
lawful
election
propaganda prohibited. - It shall be
unlawful for any person during the campaign
period to remove, destroy, obliterate, or in any
manner deface or tamper with, or prevent the
distribution of lawful election propaganda.
Sec. 84. Requirements for published or
printed
election
propaganda. Any
newspaper, newsletter, newsweekly, gazette
or magazine advertising, posters, pamphlets,
circulars,
handbills,
bumper
stickers,
streamers, simple list of candidates or any
published or printed political matter for or

b.

To erect, put up, make use of, attach,

e.

For

any

radio

broadcasting

or

float or display any billboard, tinplate-

television station to sell or give free of

poster,

of

charge air time for campaign and other

whatever size, shape, form or kind,

political purposes except as authorized

advertising

in this Code under the rules and

balloons
for

and
or

the

like,

against

any

regulations

candidate or political party;

promulgated

by

the

Commission pursuant thereto.

c.

To

purchase,

distribute

manufacture,

or

accept

request,
electoral

propaganda gadgets, such as pens,

lighters,

fans

of

whatever

nature,

flashlights, athletic goods or materials,

Any prohibited election propaganda gadget or

advertisement shall be stopped, confiscated or
torn down by the representative of the
Commission upon specific authority of the
Commission.
Sec.
86. Regulation
of
election
propaganda through mass media. -

a.

The Commission shall promulgate rules

and regulations regarding the sale of
air time for partisan political purposes

b.

newspaper, magazine, periodical or

during the campaign period to insure

any form of publication promoting or

the equal time as to duration and

opposing the candidacy of any person

quality in available to all candidates for

for

the same office or political parties at

those

charged

its

candidate concerned or by the duly

authorized

of this Code regarding the limitation of

candidates

before

every case, it shall be signed by the

political purposes; that the provisions

by

shall,

publication with the Commission. In

other

buyers or users of air time for non-

expenditures

office

newspaper, magazine, periodical or

that such rates are reasonable and not

than

public

implementation, be registered by said

the same rates or given free of charge;

higher

All contracts for advertising in any

representative

of

the

political party.

and

political parties and contributions by

private

persons,

entities

and

institutions are effectively enforced;

and

to

ensure

that

said

radio

broadcasting and television stations

shall not unduly allow the scheduling
of any program or permit any sponsor
to manifestly favor or oppose any
candidate or political party by unduly
or repeatedly referring to or including
said candidate and/or political party in
such program respecting, however, in
all instances the right of said stations
to broadcast accounts of significant or
newsworthy

events

and

matters of public interest.

views

on

c.

No franchise or permit to operate a

radio or television station shall be
granted

or

issued,

suspended

or

cancelled during the election period.

Any radio or television stations, including that
owned or controlled by the Government, shall
give free of charge equal time and prominence
to an accredited political party or its
candidates if it gives free of charge air time to
an accredited political party or its candidates
for political purposes.
In all instances, the Commission shall
supervise the use and employment of press,
radio and television facilities so as to give
candidates equal opportunities under equal
circumstances
to
make
known
their

qualifications and their stand on public issues

within the limits set forth in this Code on
election spending.
Rules and regulations promulgated by the
Commission under and by authority of this
section shall take effect on the seventh day
after their publication in at least two daily
newspapers of general circulation. Prior to the
effectivity of said rules and regulations, no
political advertisement or propaganda for or
against any candidate or political party shall
be published or broadcast through the mass
media.
Violation of the rules and regulations of the
Commission issued to implement this section
shall be an election offense punishable
under Section 264 hereof.
Sec. 87. Rallies, meetings and other
political
activities. Subject
to
the
requirements of local ordinances on the
issuance of permits, any political party
supporting official candidates or any candidate
individually or jointly with other aspirants may
hold peaceful political rallies, meetings, and
other similar activities during the campaign
period: Provided, That all applications for
permits to hold meetings, rallies and other
similar political activities, receipt of which
must be acknowledged in writing and which
application shall be immediately posted in a
conspicuous place in the city or municipal
building, shall be acted upon in writing by local
authorities concerned within three days after

the filing thereof and any application not acted

upon within said period shall be deemed
approved: and Provided, further, That denial of
any application for said permit shall be
appealable to the provincial election supervisor
or to the Commission whose decision shall be
made within forty-eight hours and which shall
be final and executory: Provided, finally, That
one only justifiable ground for denial is a prior
written application by any candidate or
political party for the same purpose has been
approved.
Sec. 88. Public rally. - Any political party or
candidate shall notify the election registrar
concerned of any public rally said political
party or candidate intends to organize and
hold in the city or municipality, and within
seven working days thereafter submit to the
election registrar a statement of expenses
incurred in connection therewith.
Sec. 89. Transportation, food and drinks. It shall be unlawful for any candidate, political
party, organization, or any person to give or
accept, free of charge, directly or indirectly,
transportation, food or drinks or things of value
during the five hours before and after a public
meeting, on the day preceding the election,
and on the day of the election; or to give or
contribute, directly or indirectly, money or
things of value for such purpose.
Sec. 90. Comelec space. - The Commission
shall procure space in at least one newspaper
of general circulation in every province or city:
Provided, however, That in the absence of said

newspaper, publication shall be done in any

other magazine or periodical in said province
or city, which shall be known as "Comelec
Space" wherein candidates can announce their
candidacy. Said space shall be allocated, free
of charge, equally and impartially by the
Commission among all candidates within the
area in which the newspaper is circulated.
Sec. 91. Comelec poster area. - Whenever
practicable, the Commission shall also
designate and provide for a common poster
are in strategic places in each town wherein
candidates can announce and further their
candidacy through posters, said space to be
likewise allocated free of charge, equally and
impartially by the Commission among all the
candidates concerned.
Sec. 92. Comelec time. - The Commission
shall procure radio and television time to be
known as "Comelec Time" which shall be
allocated equally and impartially among the
candidates within the area of coverage of all
radio and television stations. For this purpose,
the franchise of all radio broadcasting and
television station are hereby amended so as to
provide radio television time, free of charge,
during the period of the campaign.
Sec. 93. Comelec information bulletin. The Commission shall cause the printing, and
supervise the dissemination of bulletins to be
known as "Comelec Bulletin" which shall be of
such size as to adequately contain the picture,
bio-data and program of government of every
candidate. Said bulletin shall be disseminated

to the voters or displayed in such places as to

give due prominence thereto. Any candidate
may reprint at his expense, any "Comelec
Bulletin"
upon
prior
authority
of
the
Commission: Provided, That the printing of the
names of the different candidates with their
bio-data must be in alphabetical order
irrespective of party affiliation.

Article XI

ELECTORAL CONTRIBUTIONS AND

EXPENDITURES
Sec. 94. Definitions. - As used in this Article:
a.

The term "contribution" includes a

gift,

donation,

subscription,

advance

or

deposit

anything

of

value,

of
or

loan,

money
a

or

contract,

promise or agreement to contribute,

whether or not legally enforceable,
made for the purpose of influencing
the results of the elections but shall
not include services rendered without
compensation

by

individuals

volunteering a portion or all of their

time in behalf

of a candidate or

political party. It shall also include the

use of facilities voluntarily donated by
other persons, the money value of
which can be assessed based on the
rates prevailing in the area.

b.

The term "expenditure" includes the

its

payment or delivery of

instrumentalities

anything

of

value,

or

money of
a

contract,

b.

for

the

purpose

It shall also include the use of facilities

the money value of the use of which

f.
c.

term

individual,

"person"
partnership,

includes

an

or

services

or

to

perform

construction or other works;

g.

d.

exemptions,
privileges

or

subdivisions
including

or

concessions

similar
by

the

or

instrumentalities,

government-owned

or

controlled corporations;

a candidate or political party by any

private

allocations

government or any of its divisions,

shall prevent the making of any loan to

financial

institutions legally in the business of

lending money, and that the loan is
made in accordance with laws and
regulations and in the ordinary course
of business;

funds

less

than

Officials or employees in the Civil

Natural and juridical persons who have

been granted franchises, incentives,

Provided, however, That nothing herein

or

public

Forces of the Philippines; and

Public or private financial institutions:

public

no

have

Service, or members of the Armed

committee,

organization or group of persons.

Sec. 95. Prohibited contributions. - No
contribution for purposes of partisan political
activity shall be made directly or indirectly by
any of the following:

such

to

of

which

P100,000.00;

association, corporation, and any other

a.

controlled

subdivisions or instrumentalities, with

goods

The

institutions

grants

amounting

the government or any of its divisions,

prevailing in the area.

Educational
received

Natural and juridical persons who hold

contracts or sub-contracts to supply

can be assessed based on the rates

c.

or

nation;

influencing the results of the election.

personally owned by the candidate,

or

including

corporations;

exploiting any natural resources of the

of

subdivisions

government-owned

a public utility or in possession of or

promise or agreement to make an

expenditure,

Natural and juridical persons operating

divisions,

e.

Natural and juridical persons

who,

within one year prior to the date of the

election, have been granted loans or
other accommodations in excess of
P100,000 by the government or any of

h.

Foreigners and foreign corporations.

It shall be unlawful for any person to solicit or

receive any contribution from any of the
persons or entities enumerated herein.
Sec.
96. Soliciting
or
receiving
contributions from foreign sources. - It
shall be unlawful for any person, including a
political party or public or private entity to
solicit or receive, directly or indirectly, any aid
or contribution of whatever form or nature
from any foreign national, government or
entity for the purposes of influencing the
results of the election.

Sec. 97. Prohibited raising of funds. - It

shall be unlawful for any person to hold
dances, lotteries, cockfights, games, boxing
bouts, bingo, beauty contests, entertainments,
or cinematographic, theatrical or other
performances for the purpose of raising funds
for an election campaign or for the support of
any candidate from the commencement of the
election period up to and including election
day; or for any person or organization, whether
civic or religious, directly or indirectly, to solicit
and/or accept from any candidate for public
office, or from his campaign manager, agent or
representative, or any person acting in their
behalf,
any
gift,
food,
transportation,
contribution or donation in cash or in kind from
the commencement of the election period up
to and including election day; Provided, That
normal and customary religious stipends,
tithes, or collections on Sundays and/or other
designated collection days, are excluded from
this prohibition.
Sec.
98. True
name
of
contributor
required. - No person shall make any
contribution in any name except his own nor
shall any candidate or treasurer of a political
party receive a contribution or enter or record
the same in any name other than that of the
person by whom it was actually made.
Sec. 99. Report of contributions. - Every
person giving contributions to any candidate,
treasurer of the party, or authorized
representative of such candidate or treasurer
shall, not later than thirty days after the day of

the election, file with the Commission a report

under oath stating the amount of each
contribution, the name of the candidate, agent
of the candidate or political party receiving the
contribution, and the date of the contribution.
Sec. 100. Limitations upon expenses of
candidates. - No candidate shall spend for his
election campaign an aggregate amount
exceeding one peso and fifty centavos for
every voter currently registered in the
constituency where he filed his candidacy:
Provided, That the expenses herein referred to
shall include those incurred or caused to be
incurred by the candidate, whether in cash or
in kind, including the use, rental or hire of land,
water or aircraft, equipment, facilities,
apparatus and paraphernalia used in the
campaign: Provided, further, That where the
land, water or aircraft, equipment, facilities,
apparatus and paraphernalia used is owned by
the candidate, his contributor or supporter, the
Commission is hereby empowered to assess
the amount commensurate with the expenses
for the use thereof, based on the prevailing
rates in the locality and shall be included in the
total expenses incurred by the candidate.
Sec. 101. Limitations upon expenses of
political parties. - A duly accredited political
party may spend for the election of its
candidates
in
the
constituency
or
constituencies where it has official candidates
an aggregate amount not exceeding the
equivalent of one peso and fifty centavos for
every voter currently registered therein.

Expenses incurred by branches, chapters, or

committees of such political party shall be
included in the computation of the total
expenditures of the political party.
Expenses incurred by other political parties
shall be considered as expenses of their
respective individual candidates and subject to
limitation under Section 100 of this Code.
Sec. 102. Lawful expenditures. - To carry
out the objectives of the preceding sections,
no candidate or treasurer of a political party
shall, directly or indirectly, make any
expenditure except for the following purposes:
a.

For

travelling

expenses

of

the

candidates and campaign personnel in

the course of the campaign and for
personal expenses incident thereto;

b.

For

compensation

clerks,

of

campaigners,

stenographers,

messengers,

and other persons actually employed

in the campaign;

c.

For

telegraph

and

telephone

tolls,

postage, freight and express delivery

charges;

d.

For stationery, printing and distribution

of

printed

matters

relative

to

candidacy;

j.

For copying and classifying list of

voters, investigating and challenging
the right to vote of persons registered

e.

in the lists the costs of which shall not

For employment of watchers at the

be taken into account in determining

polls;

the

amount

of

expenses

which

candidate or political party may have

f.

incurred under Sections 100 and 101

For rent, maintenance and furnishing

hereof; or

of campaign headquarters, office or

place of meetings;
k.
g.

For political meetings and rallies and

the use of sound systems, lights and
decorations during said meetings and
rallies;

For printing sample ballots in such

color, size and maximum number as
may be authorized by the Commission
and the cost of such printing shall not
be taken into account in determining
the

amount

of

expenses

which

candidate or political party may have

h.

For newspaper, radio, television and

other public advertisements;

i.

For employment of counsel, the cost of

which shall not be taken into account
in determining the amount of expenses
which a candidate or political party
may

have

incurred

100 and 101 hereof;

under Section

incurred under Sections 100 and 101

hereof.
Sec. 103. Persons authorized to incur
election expendiitures. - No person, except
the candidate, the treasurer of a political party
or any person authorized by such candidate or
treasurer, shall make any expenditure in
support of or in opposition to any candidate or
political party. Expenditures duly authorized by
the candidate or the treasurer of the party
shall be considered as expenditures of such
candidate or political party.

The authority to incur expenditures shall be in

writing, copy of which shall be furnished the
Commission signed by the candidate or the
treasurer of the party and showing the
expenditures so authorized, and shall state the
full name and exact address of the person so
designated.
Sec.
104. Prohibited
donations
by
candidates, treasurers of parties or their
agents. - No candidate, his or her spouse or
any relative within the second civildegree of
consanguinity or affinity, or his campaign
manager, agent or representative shall during
the campaign period, on the day before and on
the day of the election, directly or indirectly,
make any donation, contribution or gift in cash
or in kind, or undertake or contribute to the
construction or repair of roads, bridges, school
buses, puericulture centers, medical clinics
and hospitals, churches or chapels cement
pavements, or any structure for public use or
for the use of any religious or civic
organization: Provided, That normal and
customary religious dues or contributions, such
as religious stipends, tithes or collections on
Sundays or other designated collection days,
as well as periodic payments for legitimate
scholarships
established
and
school
contributions habitually made before the
prohibited period, are excluded from the
prohibition.
The same prohibition applies to treasurers,
agents or representatives of any political party.

Sec.
105. Accounting
by
agents
of
candidate or treasurer. - Every person
receiving
contributions
or
incurring
expenditures by authority of the candidate or
treasurer of the party shall, on demand by the
candidate or treasurer of the party and in any
event within five days after receiving such
contribution or incurring such expenditure,
render to the candidate or the treasurer of the
party concerned, a detailed account thereof
with proper vouchers or official receipts.
Sec. 106. Records of contributions and
expenditures. a.

Every candidate and treasurer of the

party shall be responsible for the
preservation

of

contributions

the
and

records

of

expenditures,

together with all pertinent documents,

for at least three years after the

the statement filed prior to the day of the

election.
Sec. 108. Place for filing statements. - The
statements of contributions and expenditures
shall be filed as follows:
a.

Those of candidates for President and

Vice-President, with the Commission.

holding of the election to which they

pertain and for their production for
inspection by the Commission or its
duly

authorized

upon

representative,

presentation

subpoena

of

or

b.

Those of candidates for Members of

the

Batasang

provincial

duces tecum duly issued

Pambansa,
election

with

the

supervisor

It shall be the duty of every candidate,

by the Commission. Failure of the

concerned, except those of candidates

treasurer of the political party and

candidate or treasurer to preserve

in the National Capital Region which

person acting under the authority of

such records or documents shall be

shall be filed with the regional election

such candidate or treasurer to issue a

deemed

receipt for every contribution received

violation

and to obtain and keep a receipt

Article.

stating

the

particulars

of

Every candidate and treasurer of the

party shall keep detailed, full, and
accurate records of all contributions
received and expenditures incurred by
him and by those acting under his
authority,

setting

forth

prima
of

the

facie evidence
provisions

of

therein

information required to be reported.

all

director of said region.

of
this

every

expenditure made.

b.

c.

Sec. 107. Statement of contributions and

expenditures. Every
candidate
and
treasurer of the political party shall, not later
than seven days, or earlier than ten days
before the day of the election, file in duplicate
with the office indicated in the following
section, full, true and itemized, statement of
all
contributions
and
expenditures
in
connection with the election.
Within thirty days after the day of the election,
said candidate and treasurer shall also file in
duplicate a supplemental statement of all
contribution and expenditures not included in

c.

Those

of

candidates

for

provincial

offices, with the provincial election

supervisor concerned.

d.

Those of candidates for city, municipal

and barangay offices, with the election
registrar concerned.

If the statement is sent by mail, it shall be by

registered mail, and the date on which it was
registered with the post office may be
considered as the filing date thereof if
confirmed on the same date by telegram or

radiogram addressed to the office or official

with whom the statement should be filed.
The provincial election supervisors and
election registrars concerned shall, within
fifteen days after the last day for the filing of
the statements, send to the Commission
duplicate copies of all statements filed with
them.
Sec.
109. Form
and
contents
of
statement. - The statement shall be in
writing, subscribed and sworn to by the
candidate or by the treasurer of the party,
shall be complete as of the date next
preceding the date of filing and shall set forth
in detail (a) the amount of contribution, the
date of receipt, and the full name and exact
address of the person from whom the
contribution was received; (b) the amount of
every expenditure, the date thereof, the full
name and exact address of the person to
whom payment was made, and the purpose of
the expenditure; (c) any unpaid obligation, its
nature and amount, and to whom said
obligation is owing; and (d) such other
particulars which the Commission may require.
If the candidate or treasurer of the party has
received
no
contribution,
made
no
expenditure, or has no pending obligation, the
statement shall reflect such fact.
Sec. 110. Preservation and inspection of
statements. - All statements of contributions
and expenditures shall be kept and preserved
at the office where they are filed and shall

constitute part of the public records thereof for

three years after the election to which they
pertain. They shall not be removed therefrom
except upon order of the Commission or of a
competent court and shall, during regular
office hours, be subject and open to inspection
by the public. The officer in-charge thereof,
shall, on demand, furnish certified copies of
any statement upon payment of the fee
prescribed under Section 270 hereof.
It shall be the duty of the Commission to
examine all statements of contributions and
expenditures of candidates and political
parties to determine compliance with the
provisions of this Article.
Sec.
111. Effect
of
failure
to
file
statement. - In addition to other sanctions
provided in this Code, no person elected to any
public office shall enter upon the duties of his
office until he has filed the statement of
contributions
and
expenditures
herein
required.
The same prohibition shall apply if the political
party which nominated the winning candidate
fails to file the statements required herein
within the period prescribed by this Code.
Sec. 112. Report of contractor and
business firms. - Every person or firm to
whom any electoral expenditure is made shall,
within thirty days after the day of the election,
file with the Commission a report setting forth
the full names and exact addresses of the
candidates, treasurers of political parties, and

other persons incurring such expenditures, the

nature or purpose of each expenditure, the
date and costs thereof, and such other
particulars as the Commission may require.
The report shall be signed and sworn to by the
supplier or contractor, or in case of a business
firm or association, by its president or general
manager.
It shall be the duty of such person or firm to
whom an electoral expenditure is made to
require every agent of a candidate or of the
treasurer of a political party to present written
authority to incur electoral expenditures in
behalf of such candidate or treasurer, and to
keep and preserve at its place of business,
subject to inspection by the Commission or its
authorized representatives, copies of such
written authority, contracts, vouchers, invoices
and other records and documents relative to
said expenditures for a period of three years
after the date of the election to which they
pertain.
It shall be unlawful for any supplier, contractor
or business firm to enter into contract
involving
election
expenditures
with
representatives of candidates or political
parties without such written authority.

Article XII
REGISTRATION OF VOTERS
(Please see RA 8189 for registration updates
concerning the Continuing Registration
System.)

Sec. 113. Permanent List of Voters. - Any

provision of Presidential Decree No. 1896 to
the contrary notwithstanding, the list of voters
prepared and used in the election of Members
of the Batasang Pambansa on May 14, 1984,
with such
additions,
cancellations
and
corrections as may hereafter be made in
accordance with the provisions of this Code,
shall constitute the permanent list of voters in
each city or municipality, as the case may be,
until 1996.
For purposes of the next following election, the
Commission, through the election registrars,
shall assign the proper precincts and polling
places to the registered voters in said list.
Written notice of any such change shall be
made to the affected voters within two weeks
therefrom.
Sec. 114. Renewal of the Permanent
List. - The list of voters prepared in
accordance with the preceding section shall be
renewed in nineteen hundred and ninety-six
and every twelve years thereafter.
Sec. 115. Necessity of Registration. - In
order that a qualified elector may vote in any
election, plebiscite or referendum, he must be
registered in the permanent list of voters for
the city or municipality in which he resides.
Sec. 116. Who may be registered in the
list. - All persons having complied with the
requisites herein prescribed for the registration
of voters shall be registered in the list,

provided they possess all the qualifications

and none of the disqualifications of a voter.
Those who failed to register in the election of
1984, for any reason whatsoever, may register
in accordance with the provisions of this Code.
Any person who may not have on the date of
registration the age or period of residence
required may also be registered upon proof
that on the date of the election, plebiscite or
referendum he shall have such qualifications.
Sec. 117. Qualifications of a voter. - Every
citizen of the Philippines, not otherwise
disqualified by law, eighteen years of age or
over, who shall have resided in the Philippines
for one year and in the city or municipality
wherein he proposes to vote for at least six
months immediately preceding the election,
may be registered as a voter.
Any person who transfers residence to another
city, municipality or country solely by reason of
his occupation; profession; employment in
private or public service; educational activities;
work in military or naval reservations; service
in the army, navy or air force; the constabulary
or national police force; or confinement or
detention in government institutions in
accordance with law, shall be deemed not to
have lost his original residence.
Sec. 118. Disqualifications. - The following
shall be disqualified from voting:
a.

Any person who has been sentenced

by

final

judgment

to

suffer

imprisonment for not less than one

year, such disability not having been

removed by plenary pardon or granted
amnesty: Provided, however, That any
person disqualified to vote under this
paragraph
reacquire

shall
the

right

automatically
to

vote

upon

expiration of five years after service of

sentence.

b.

Any person who has been adjudged by

final judgment by competent court or
tribunal

of

having

committed

any

crime involving disloyalty to the duly

constituted

government

such

as

rebellion, sedition, violation of the antisubversion and firearms laws, or any

crime against national security, unless
restored to his full civil and political
rights

in

accordance

with

law:

Provided, That he shall regain his right

to vote automatically upon expiration
of five years after service of sentence.

c.

Insane

or

incompetent

persons

as

declared by competent authority.

Sec. 119. Preparation of the permanent
list of voters. - For the preparation of the
permanent list of voters in nineteen hundred

and ninety-six and every twelve years

thereafter, the board of election inspectors
referred to in Article XIV hereof of each
election precinct shall hold four meetings on
the seventh Saturday, seventh Sunday, sixth
Saturday and sixth Sunday preceding the date
of the regular election to be held. At these
meetings the board shall prepare eight copies
of the list of voters of the precinct wherein it
shall register the electors applying for
registration.
Sec. 120. Preparation of the list before
other
regular
elections. For
the
preparation of the list before other regular
elections, the board of election inspectors of
each election precinct shall meet in the polling
place on the seventh and sixth Saturdays
before the day of the election. At these
meetings, the board shall prepare and certify
eight copies of the list of voters of the
corresponding precinct transferring thereto the
names of the voters appearing in the list used
in the preceding election and including therein
such new qualified voters as may apply for
registration, as provided in Section 126 hereof.
Sec. 121. Preparation of the list before
any
special
election,
plebiscite
or
referendum. - For the preparation of the list
of voters before a special election, plebiscite or
referendum, the board of elections inspectors
of each election precinct shall hold a meeting
in the polling place on the second Saturday
following the day of the proclamation calling
such election. At this meeting the board shall

transfer the names of the voters appearing in

the list used in the preceding election and
enter those of the newly registered voters.
Sec. 122. Transfer of names of voters
from the permanent list to the current
one. - The transfer of the names of the voters
of the precinct already registered in the list
used in the preceding election to the list to be
made as provided for in the two preceding
sections is a ministerial duty of the board, and
any omission or error in copying shall be
corrected motu proprio, or upon petition of the
interested party, without delay and in no case
beyond three days from the time such error is
noticed; and if the board should refuse, the
interested party may apply for such correction
to the proper municipal or metropolitan trial
court which shall decide the case without delay
and in no case beyond three days from the
date the petition is filed. The decision of the
proper municipal or metropolitan trial court
shall be final and unappealable in whatever
form or manner.
To facilitate the transfer of names of voters,
the election registrar shall deliver the book of
voters to the board of election inspectors on
the day before the registration of voters, to be
returned after the last day of registration.
Sec. 123. Cancellation and exclusion in
the transfer of names. - In transferring the
names of the voters of the precinct from the
list used in the preceding election to the
current list, the board shall exclude those who
have applied for the cancellation of their

registration, those who have died, those who

did not vote in the immediately preceding two
successive regular elections, those who have
been excluded by court orders issued in
accordance with the provisions of this Code,
and those who have been disqualified, upon
motion of any member of the board or of any
elector or watcher, upon satisfactory proof to
the board and upon summons to the voter in
cases of disqualification. The motion shall be
decided by the board without delay and in no
case beyond three days from its filing. Should
the board deny the motion, or fail to act
thereon within the period herein fixed, the
interested party may apply for such exclusion
to the municipal or metropolitan trial court
which shall decide the petition without delay
and in no case beyond three days from the
date the petition is filed. The decision of the
court shall be final. The poll clerk shall keep a
record of these exclusions and shall furnish
three copies thereof to the election registrar
who shall, in turn keep one copy and send the
two other copies thereof to the provincial
election supervisor and the Commission, to be
attached by them to the permanent list under
their custody.
Sec. 124. Meeting to close the list of
voters. - The board of election inspectors shall
also meet on the second Saturday immediately
preceding the day of the regular election, or on
the second day immediately preceding the day
of
the
special
election,
plebiscite
or
referendum whether it be Sunday or a legal

holiday, for the purpose of making such

inclusions, exclusions, and corrections as may
be or may have been ordered by the courts,
stating opposite every name so corrected,
added, or cancelled, the date of the order and
the court which issued the same; and for the
consecutive numbering of the voters of the
election precinct.
Should the board fail to include in the list of
voters any person ordered by competent court
to be so included, said person shall, upon
presentation of a certified copy of the order of
inclusion and upon proper identification, be
allowed by the board to vote.
Should the board fail to exclude from the list of
voters any person ordered by the court to be
so excluded, the board shall not permit said
person to vote upon presentation to it by any
interested party of a certified copy of the order
of exclusion.
Sec. 125. Re-registration. - A voter who is
registered in the permanent list of voters need
not register anew for subsequent elections
unless he transfer residence to another city or
municipality, or his registration has been
cancelled on the ground of disqualification and
such disqualification has been lifted or
removed. Likewise a voter whose registration
has been cancelled due to failure to vote in the
preceding regular election may register anew
in the city or municipality where he is qualified
to vote.

Sec. 126. Registration of voters. - On the

seventh and sixth Saturdays before a regular
election or on the second Saturday following
the day of the proclamation calling for a new
special election, plebiscite or referendum, any
person desiring to be registered as a voter
shall accomplish in triplicate before the board
of election inspectors a voter's affidavit in
which shall be stated the following data:
a.

Name,

surname,

middle

name,

maternal surname;

b.

Date and place of birth;

c.

Citizenship;

d.

Periods of residence in the Philippines

and in the place of registration;

e.

Exact address with the name of the

street and house number or in case
there is none, a brief description of the
locality and the place;

f.

A statement that the applicant has not

been previously registered, otherwise

he shall be required to attach a sworn

application

for

cancellation

of

his

previous registration; and

g.

Such other information or data which

may be required by the Commission.

The voter's affidavit shall also contain three

specimens of the applicant's signature and
clear and legible prints of his left and right
hand thumbmarks and shall be sworn to and
filed together with four copies of the latest
identification photograph to be supplied by the
applicant.
The oath of the applicant shall include a
statement that he does not have any of the
disqualifications of a voter and that he has not
been previously registered in the precinct or in
any other precinct.
Before the applicant accomplishes his voter's
affidavit, the board of election inspectors shall
appraise the applicant of the qualifications and
disqualifications prescribed by law for a voter.
It shall also see to it that the accomplished
voter's affidavit contain all the data therein
required and that the applicant's specimen
signatures, the prints of his left and right hand
thumbmarks and his photograph are properly
affixed in each of the voter's affidavit.
Sec.
127. Illiterate
or
disabled
applicants. - The voter's affidavit of an
illiterate or physically disabled person may be

prepared by any relative within the fourth civil

degree of consanguinity of affinity or by any
member of the board of election inspectors
who shall prepare the affidavit in accordance
with the data supplied by the applicant.
Sec. 128. Voter's identification. - The
identification card issued to the voter shall
serve and be considered as a document for the
identification of each registered voter:
Provided, however, That if the voter's identity
is challenged on election day and he cannot
present his voter identification card, his
identity may be established by the specimen
signatures, the photograph or the fingerprints
in his voter's affidavit in the book of voters. No
extra or duplicate copy of the voter
identification card shall be prepared and issued
except upon authority of the Commission.
Each identification card shall bear the name
and the address of the voter, his date of birth,
sex, civil status, occupation, his photograph,
thumbmark, the city or municipality and
number of the polling place where he is
registered, his signature, his voter serial
number and the signature of the chairman of
the board of election inspectors.
Any voter previously registered under the
provisions of Presidential Decree Numbered
1896 who desires to secure a voter
identification card shall, on any registration
day, provide four copies of his latest
identification photograph to the board of
election inspectors which upon receipt thereof
shall affix one copy thereof to the voter's

affidavit in the book of voters, one copy to the

voter identification card to be issued to the
voter and transmit through the election
registrar, one copy each to the provincial
election supervisor and the Commission to be
respectively attached to the voter's affidavit in
their respective custody.
Sec. 129. Action by the board of election
inspectors. - Upon receipt of the voter's
affidavit, the board of election inspectors shall
examine the data therein. If it finds that the
applicant possesses all the qualifications and
none of the disqualifications of a voter, he shall
be registered. Otherwise, he shall not be
registered.
The name and address of each registered voter
shall, immediately upon his registration, be
entered in the proper alphabetical group in the
list after which the voter identification card
shall be issued to the voter.
Sec.
130. Provincial
central
file
of
registered voters. - There shall be a
provincial central file of registered voters
containing the duplicate copies of all approved
voter's affidavits in each city and municipality
in the province which shall be under the
custody and supervision of the provincial
election supervisor. The applications shall be
compiled alphabetically by precincts so as to
make the file an exact replica of the book of
voters in the possession of the election
registrar.

Should the book of voters in the custody of the

election registrar be lost or destroyed at a time
so close to the election day that there is no
time
to
reconstitute
the
same,
the
corresponding book of voters in the provincial
file shall be used during the voting.
Sec.
131. National
central
file
of
registered voters. - There shall also be a
national central file of registered voters
consisting of the triplicate copies of all
approved voters' affidavits in all cities and
municipalities which shall be prepared and
kept in the central office of the Commission.
The applications in the national central file
shall be compiled alphabetically according to
the surnames of the registered voters
regardless of the place of registration.
Sec.
132. Preservation
of
voter's
affidavits. - A copy of the affidavit of each
voter shall be kept by the board of election
inspectors until after the election when it shall
deliver the same to the election registrar
together with the copies of the list of voters
and other election papers for use in the next
election. The election registrar shall compile
the voter's affidavits by precinct alphabetically
in a book of voters. The other two copies shall
be sent by the board of election inspectors on
the day following the date of the affidavit to
the office of the provincial election supervisor
and the Commission in Manila. The provincial
election supervisor and the Commission shall
respectively file and preserve the voter's
affidavits by city and municipality and in

alphabetical order of their surnames. The

fourth copy shall be given to the voter as
evidence of his registration.
Sec. 133. Columns in the list of voters. The list of voters shall be arranged in columns
as follows: In the first column there shall be
entered, at the time of closing of the list before
the election, a number opposite the name of
each voter registered, beginning with number
one and continuing in consecutive order until
the end of the list. In the second column, the
surnames of the registered voters shall be
written in alphabetical order followed by their
respective first names, without abbreviations
of any kind. In the third column, the respective
residences of such persons with the name of
the street and number, or, in case there be
none, a brief description of the locality or
place. In the fourth column, shall be entered
the periods of residence in the Philippines and
in the city or municipality. In the fifth column,
there shall be entered on the day of the
election the numbers of the ballots which were
given successively to each voter. In the sixth
column, the voter shall stamp on the day of
the election the mark of the thumb of his right
hand and under said mark his signature. And in
the seventh column, the signature of the
chairman of the board of election inspectors
who has handed the ballot to the voter. It will
be sufficient that the fifth, sixth, and seventh
columns shall be filled in the copy of the list
under the custody of the board of election

inspectors which shall see to it that the

thumbmark is stamped plainly.
Sec. 134. Certificate of the board of
election inspectors in the list of voters. Upon the adjournment of each meeting for the
registration of voters, the board of election
inspectors shall close each alphabetical group
of surnames of voters by writing the dates on
the next line in blank, which shall be forthwith
signed by each member, and, before adding a
new name on the same page at the next
meeting, it shall write the following: "Added at
the _ _ _ meeting" specifying if it is the second
third or fourth meeting of the board, as the
case may be. If the meeting adjourned is the
last one for the registration of voters, the
board shall, besides closing each alphabetical
group of voters as above provided, add at the
end of the list a certificate (a) of the
corrections and cancellations made in the
permanent list, specifying them, or that there
has been none, and (b) of the total number of
voters registered in the precinct.
Sec. 135. Publication of the list. - At the
first hour of the working day following the last
day of registration of voters, the poll clerk shall
deliver to the election registrar a copy of the
list certified to by the board of election
inspectors as provided in the preceding
section; another copy, also certified, shall be
sent to the provincial election supervisor of the
province, and another, likewise certified, shall
be sent to the Commission, in whose offices
said copies shall be open to public inspection

during regular office hours. On the same day

and hour, the poll clerk shall also post a copy
of the list in the polling place in a secure place
on the door or near the same at a height of a
meter and a half, where it may be conveniently
consulted by the interested parties. The
chairman, poll clerk and the two members of
the board of election inspectors shall each
keep a copy of the list which may be inspected
by the public in their residence or office during
regular office hours. Immediately after the
meeting for the closing of the list, the poll clerk
shall also send a notice to the election
registrar, provincial election supervisor and the
Commission regarding the changes and the
numbering above referred to, to be attached to
the copy of the list under their custody.
Sec. 136. Challenge of right to register. Any person applying for registration may be
challenged before the board of election
inspectors on any registration day be any
member, voter, candidate, or watcher. The
board shall then examine the challenged
person and shall receive such other evidence
as it may deem pertinent, after which it shall
decide whether the elector shall be included in
or excluded from the list as may be proper. All
challenges shall be heard and decided without
delay, and in no case beyond three days from
the date the challenge was made.
After the question has been decided, the board
of election inspectors shall give to each party a
brief certified statement setting forth the
challenge and the decision thereon.

Sec. 137. Power of the board of election

inspectors to administer oaths and issue
summons. - For the purpose of determining
the right of applicants to be registered as
voters in the list, the board of election
inspectors shall have the same power to
administer oaths, to issue subpoena and
subpoena duces tecum and to compel
witnesses to appear and testify, but the latter's
fees and expenses incident to the process shall
be paid in advance by the party in whose
behalf the summons is issued.
Sec. 138. Jurisdiction in inclusion and
exclusion cases. - The municipal and
metropolitan trial courts shall have original and
exclusive jurisdiction over all matters of
inclusion and exclusion of voters from the list
in their respective municipalities or cities.
Decisions of the municipal or metropolitan trial
courts may be appealed directly by the
aggrieved party to the proper regional trial
court within five days from receipt of notice
thereof, otherwise said decision of the
municipal or metropolitan trial court shall
become final and executory after said period.
The regional trial court shall decide the appeal
within ten days from the time the appeal was
received and its decision shall be immediately
final
and
executory.
No
motion
for
reconsideration shall be entertained by the
courts.
Sec. 139. Petition for inclusion of voters
in the list. - Any person whose application for
registration has been disapproved by the

board of election inspectors or whose name

has been stricken out from the list may apply,
within twenty days after the last registration
day, to the proper municipal or metropolitan
trial court, for an order directing the board of
election inspectors to include or reinstate his
name in the list, together with the certificate of
the board of election inspectors regarding his
case and proof of service of notice of his
petition upon a member of the board of
election inspectors with indication of the time,
place, and court before which the petition is to
be heard.
Sec.
140. Voters
excluded
through
inadvertence or registered with an
erroneous or misspelled name. - Any voter
registered in the permanent list who has not
been included in the list prepared for the
election or who has been included therein with
a wrong or misspelled name shall have the
right to file an application on any date with the
proper municipal or metropolitan trial court, for
an order directing that his name be reinstated
in the list or that he be registered with his
correct name. He shall attach to such
application a certified copy of the entry of his
name in the list of the preceding election,
together with proof that he has applied without
success to the board of election inspectors and
that he has served notice thereof upon a
member of the board.
Sec. 141. Change of name of registered
voter. - Any previously registered voter whose
name has been changed by reason of marriage

or by virtue of a court order may request the

board of election inspectors during any of its
meetings held under this Article that his
registration in the list be recorded under his or
her new name.
Sec. 142. Petition for exclusion of voters
from the list. - Any registered voter in a city
or municipality may apply at any time except
during the period beginning with the twentyfirst day after the last registration day of any
election up to and including election day with
the proper municipal or metropolitan trial
court, for the exclusion of a voter from the list,
giving the name and residence of the latter,
the precinct in which he is registered, and the
grounds for the challenge. The petition shall be
sworn to and accompanied by proof of notice
to the board of election inspectors concerned,
if the same is duly constituted, and to the
challenged voters.
Sec.
143. Common
rules
governing
judicial proceedings in the matter of
inclusion, exclusion, and correction of
names of voters. a.

Outside of regular office hours no

petition for inclusion, exclusion, or
correction of names of voters shall be
received.

b.

Notices to the members of the board of

election inspectors and to challenged
voters shall state the place, day and

hour in which such petition shall be

No costs shall be assessed in these

shall be decided within ten days from

heard, and such notice may be made

proceedings. However, if the court

receipt of the appeal in the office of

by

by

should be satisfied that the application

the clerk of court. In any case, the

registered mail or by personal delivery

has been filed for the sole purpose of

court shall decide these petitions not

or by leaving it in the possession of a

molesting

and

later than the day before the election

person of sufficient discretion in the

causing him to incur expenses, it may

and the decision rendered thereon

residence of the said person or, in the

condemn the culpable party to pay the

shall

event that the foregoing procedure is

costs and incidental expenses.

executory,

sending

copy

thereof

d.

the

adverse

party

immediately

provisions

conspicuous place in the city hall or

finality of decisions.
e.

Any candidate who may be affected by

conspicuous places within the city or

the proceedings may intervene and

municipality, at least ten days prior to

present his evidence.

the

day

set

for

the

hearing.

In the interest of justice and to afford

the challenged voter every opportunity

f.

The decision shall be based on the

to contest the petition for exclusion,

evidence presented. If the question is

the court concerned may, when the

whether or not the voter is real or

challenged voter fails to appear in the

fictitious, his non-appearance on the

first day set for the hearing, order that

day set for hearing shall be prima facie

notice be effected in such manner and

evidence that the registered voter is

within such period of time as it may

fictitious. In no case shall a decision be

decide, which time shall in no case be

rendered upon a stipulation of facts.

more than ten days from the day the

respondent is first found in default.
g.

These applications shall be heard and

decided without delay. The decision

Each petition shall refer to only one

shall be rendered within six hours after

precinct.

the hearing and within ten days from

the date of its filing in court. Cases
appealed to the regional trial court

final

notwithstanding

not practicable, by posting a copy in a

municipal building and in two other

c.

be

of

Section

138

and
the

on

the

Sec. 144. Canvass to check registration. The election registrar shall, once every two
years or more often should the Commission
deem it necessary in order to preserve the
integrity of the permanent lists of voters,
conduct verification by mail or house-to-house
canvass, or both, of the registered voters of
any barangay for purposes of exclusion
proceedings.
Sec. 145. Annulment of permanent lists
of voters. - Any book of voters not prepared
in accordance with the provisions of this Code
or the preparation of which has been effected
with fraud, bribery, forgery, impersonation,
intimidation, force, or any other similar
irregularity or which list is statistically
improbable may, upon verified petition of any
voter or election registrar, or duly registered
political party, and after notice and hearing, be
annulled by the Commission: Provided, That no
order, ruling or decision annulling a book of
voters shall be executed within sixty days
before an election.

Sec.
146. Reconstitution of
lost or
destroyed registration records. - The
Commission shall reconstitute all registration
records which have been lost or destroyed. For
this purpose, it shall be the duty of the election
registrar to immediately report to the
Commission any case of loss or destruction of
approved applications for registration in their
custody. Such reconstitution shall be made
with the use of the corresponding copies in the
national or provincial central files of registered
voters: Provided, That if this is not feasible, the
registered voter concerned may be summoned
by the election registrar to effect such
reconstitution by accomplishing a new
application. Reconstituted forms shall be
clearly marked with the word "reconstituted".
The reconstitution of any lost or destroyed
application for registration shall not affect the
criminal liability of any person or persons who
may be responsible for such loss or
destruction.
Sec. 147. Examination of registration
records. - All registration records in the
possession of the city or municipal election
registrar, the provincial election supervisor,
and the Commission shall, during regular office
hours, be open to examination by the public
with legitimate inquiries for purposes of
election.
Law enforcement agencies shall, upon prior
authorization by the Commission, have access
to said registration records should the same be

necessary to, or in aid of, their investigative

functions and duties, subject to regulations
promulgated by the Commission.
Sec. 148. List of voters. - Fifteen days
before the date of the regular election or
special election, referendum or plebiscite, the
board of election inspectors must post the final
list of voters in each precinct with each and
every page thereof duly signed or subscribed
and sworn to by the members of the board of
election inspectors and that failure to comply
with this provision will constitute an election
offense.
Any candidate or authorized representative of
an accredited political party, upon formal
request made to an election registrar, shall be
entitled to a certified copy of the most recent
list of voters in any precinct, municipality, city
or province, upon payment of a reasonable fee
as may be prescribed by the Commission.

Article XIII
PRECINCTS AND POLLING PLACES
Sec.
149. Precincts
and
their
establishment. - The unit of territory for the
purpose of voting is the election precinct, and
every barangay as of the approval of this Act
shall have at least one such precinct.
The Commission shall establish all election
precincts.
The precincts actually established in the
preceding regular election shall be maintained,

but the Commission may introduce such

adjustments, changes or new divisions or
abolish them, if necessary: Provided, however,
That the territory comprising an election
precinct shall not be altered or a new precinct
established within forty-five days before a
regular election and thirty days before a
special election or a referendum or plebiscite.
Sec.
150. Arrangements
precincts. 1.

of

election

Each election precinct shall have, as

far as possible not more than three
hundred voters and shall comprise, as
far

as

practicable,

contiguous

and

compact territory.

2.

When

it appears

precinct

contains

that

an election

more

than

three

hundred voters, the Commission shall,

in the interest of orderly election, and
in order to facilitate the casting of
votes,

be

authorized

to

divide

precinct not later than one week after

the last day of registration of voters.
But

the

precincts
located

polling
created
in

the

place

of

all

thereby shall
same

building

the
be
or

compound where the polling place of

the original precinct is located, and if
this be not feasible, in a place as close

as possible to the polling place of the

4.

An island or group of islands having

original precinct: Provided, however,

one hundred and fifty or more voters

That the polling place of the new

shall constitute a precinct.

precinct may be located elsewhere

upon written petition of the majority of
the

voters

of

the

new

precinct:

Any alteration of the election precincts

or the establishment of new ones shall

is divided into two or more precincts,

be communicated to the provincial

the registered voters shall be included

election

in the precinct wherein they reside.

superintendent

Every case of alteration of a precinct

together with the corresponding maps,

shall be duly published by posting a

which shall be published as prescribed

notice of any change in conspicuous

in the next succeeding sections.

location in the precinct, and in the

municipal building or city hall, as the
case may be.

3.

5.

Provided, further, That when a precinct

A municipality which has been merged

with

another

constitute

at

municipality
least

one

shall
election

precinct, if the distance between the

remotest

barangay

of

the

merged

municipality and the nearest polling

place in the municipality to which it
has been merged shall, by the shortest
road, exceed five kilometers.

supervisor,
of

the

provincial

schools,

etc.

Sec.
151. Publication
of
maps
or
precincts. - At least five days before the first
registration day preceding a regular election or
special election or a referendum or a
plebiscite, the Commission shall, through its
duly authorized representative, post in the city
hall or municipal building and in three other
conspicuous places in the city or municipality
and on the door of each polling place, a map of
the city or municipality showing its division
into precincts with their respective boundaries
and indicating therein all streets and alleys in
populous areas and the location of each polling
place.
These maps shall be kept posted until after the
election, referendum or plebiscite.
Sec. 152. Polling place. - A polling place is
the building or place where the board of

election inspectors conducts its proceedings

and where the voters shall cast their votes.
Sec. 153. Designation of polling places. The location of polling places designated in the
preceding regular election shall continue with
such changes as the Commission may find
necessary, after notice to registered political
parties and candidates in the political unit
affected, if any, and hearing: Provided, That no
location shall be changed within forty-five days
before a regular election and thirty days before
a special election or a referendum or
plebiscite, except in case it is destroyed or it
cannot be used.
Sec.
154. Requirements
for
polling
places. - Each polling place shall be, as far as
practicable, a ground floor and shall be of
sufficient size to admit and comfortably
accommodate forty voters at one time outside
the guard rail for the board of election
inspectors. The polling place shall be located
within the territory of the precinct as centrally
as possible with respect to the residence of the
voters therein and whenever possible, such
location shall be along a public road. No
designation of polling places shall be changed
except upon written petition of the majority of
the voters of the precinct or agreement of all
the political parties or by resolution of the
Commission upon prior notice and hearing.
A public building having the requirements
prescribed in the preceding paragraph shall be
preferred as polling place.

Sec. 155. Building that shall not be used

as polling places. - No polling place shall be
located in a public or private building owned,
leased, or occupied by any candidate or of any
person who is related to any candidate within
the fourth civil degree of consanguinity or
affinity, or any officer of the government or
leader of any political party, group or faction,
nor in any building or surrounding premises
under the actual control of a private entity,
political party or religious organization. In
places where no suitable public building is
available, private school buildings may be
used as polling places. No polling place shall
be located within the perimeter of or inside a
military or police camp or reservation or within
a prison compound.
Any registered voter, candidate or political
party may petition the Commission not later
than thirty days before the first registration
day for the transfer of the polling place from
the prohibited buildings provided herein. Such
petition shall be heard and decided by the
Commission within twenty days from the filing
of the petition. Failure to effect the transfer of
the polling place after the Commission found it
to be located in violation of this section within
the period prescribed herein shall be a ground
for the postponement of the election in the
polling place concerned.
Sec. 156. Signs and flags of polling
places. - On the day of the voting as well as
on any day that the board of election
inspectors might meet, every polling place

shall have in front a sign showing the number

of the precinct to which it belongs and the
Philippine flag shall be hoisted at the proper
height.
Sec. 157. Arrangement and contents of
polling places. - Each polling place shall
conform as much as possible to the sketch on
the following page.
Sec. 158. Voting booth. - During the voting,
there shall be in each polling place a booth for
every twenty voters registered in the precinct.
Each booth shall be open on the side fronting
the table for the board of election inspectors
and its three sides shall be closed with walls at
least seventy centimeters wide and two
meters high. The upper part shall be covered,
if necessary, to preserve the secrecy of the
ballot. Each booth shall have in the
background a shelf so placed that voters can
write therein while standing and shall be kept
clearly lighted, by artificial lights, if necessary,
during the voting.
The Commission shall post inside each voting
booth and elsewhere in the polling place on
the day before the election, referendum and
plebiscite a list containing the names of all the
candidates or the issues or questions to be
voted for, and shall at all times during the
voting period keep such list posted in said
places.
Sec. 159. Guard rails. a.

and the table for the board of election

inspectors which shall have separate
entrance and exit. The booths shall be
so

arranged

that

they

can

be

accessible only by passing through the

guard rail and by entering through its
open side facing the table of the board
of election inspectors.

b.

There shall also be a guard rail for the

watchers between the place reserved
for them and the table for the board of
election inspectors and at a distance of
not more than fifty centimeters from
the latter so that the watchers may
see

and

read

clearly

during

the

counting of the contents of the ballots

and see and count the votes recorded
by the board of election inspectors
member on the corresponding tally
sheets.

c.

There shall also be, if possible, guard

rails separating the table of the board
of election inspectors from the voters
waiting for their turn to cast their

In every polling place there shall be a

votes, with entrance and exit to give

guard rail between the voting booths

them orderly access to the table and

the booths during the voting.

d.

The polling place shall be so arranged

In

case

of

the

destruction

or

disappearance of any ballot box on

boxes and the whole polling place,

election day, the board of election

except what is being written within the

inspectors shall immediately report it

booths, shall be in plain view of the

to the city or municipal treasurer who

board

the

shall furnish another box or receptacle

watchers and other persons who may

as equally adequate as possible. The

be within the polling place.

election

of

election

inspectors,

There shall be in each polling place on

the day of the voting a ballot box one
side of which shall be transparent
which shall be set in a manner visible
to the voting public containing two
compartments,

registrar

shall

report

the

incident and the delivery of a new

Sec. 160. Ballot boxes. 1.

2.

that the booths, the table, the ballot

namely,

the

compartment for valid ballots which is

indicated by an interior cover painted
white and the compartment for spoiled
ballots which is indicated by an interior
cover painted red. The boxes shall be
uniform throughout the Philippines and
shall be solidly constructed and shall
be closed with three different locks as
well as three numbered security locks
and such other safety devices as the
Commission may prescribe in such a
way that they can not be opened
except by means of three distinct keys
and by destroying such safety devices.

ballot box by the fastest means of

communication on the same day to the
Commission

and

to

the

provincial

election supervisor.
Sec. 161. Tally boards. - At the beginning of
the counting, there shall be placed within the
plain view of the board of election inspectors,
watchers and the public, a tally board where
the names of all the registered candidates or
the issues or questions to be voted upon shall
be written, and the poll clerk shall record
thereon the votes received by each of them as
the chairman of the board of election
inspectors reads the ballot.
Sec. 162. Furnishing of ballot boxes,
forms, stationeries and materials for
election. - The Commission shall prepare and
furnish the ballot boxes, forms, stationeries
and materials necessary for the registration of
voters and the holding of the election.

The provincial, city and municipal treasurer

shall
have
custody
of
such
election
paraphernalia, supplies and materials as are
entrusted to him under the law or rules of the
Commission and shall be responsible for their
preservation and storage, and for any loss,
destruction, impairment or damage of any
election equipment, material or document in
their possession furnished under this Code.
Sec. 163. Inspection of polling places. Before the day of the election, referendum or
plebiscite, the Chairman of the Commission
shall, through its authorized representatives,
see to it that all polling places are inspected
and such omissions and defects as may be
found corrected. The Commission shall keep
the reports on these inspections.

Article XIV
BOARD OF ELECTION INSPECTORS
Sec. 164. Composition and appointment
of board of election inspectors. - At least
thirty days before the date when the voters list
is to be prepare in accordance with this Code,
in the case of a regular election or fifteen days
before a special election, the Commission
shall, directly or through its duly authorized
representatives, constitute a board of election
inspectors for each precinct to be composed of
a chairman and a poll clerk who must be public
school teachers, priority to be given to civil
service eligibles, and two members, each
representing the two accredited political

parties. The appointment shall state the

precinct to which they are assigned and the
date of the appointment.
Sec. 165. Oath of the members of the
board
of
election
inspectors. The
members of the board of election inspectors,
whether permanent, substitute or temporary,
shall before assuming their office, take and
sign an oath upon forms prepared by the
Commission, before an officer authorized to
administer oaths or, in his absence, before any
other member of the board of election
inspectors present, or in case no one is
present, they shall take it before any voter. The
oaths shall be sent immediately to the city or
municipal treasurer.
Sec. 166. Qualification of members of the
board of election inspectors. - No person
shall be appointed chairman, member or
substitute member of the board of election
inspectors unless he is of good moral character
and irreproachable reputation, a registered
voter of the city or municipality, has never
been convicted of any election offense or of
any other crime punishable by more than six
months of imprisonment, or if he has pending
against him an information for any election
offense. He must be able to speak and write
English or the local dialect.
Sec. 167. Disqualification. - No person shall
serve as chairman or member of the board of
election inspectors if he is related within the
fourth civil degree of consanguinity or affinity
to any member of the board of election

inspectors or to any candidate to be voted for

in the polling place or his spouse.
Sec. 168. Powers of the board of election
inspectors. - The board of election inspectors
shall have the following powers and functions:
a.

Conduct the voting and counting of

votes in their respective polling places;

b.

Act as deputies of the Commission in

the supervision and control of the
election in the polling places wherein
they

are

assigned,

to

assure

the

holding of the same in a free, orderly

and honest manner; and

c.

Perform

such

other

functions

prescribed by this Code or by the rules

and regulations promulgated by the
Commission.
Sec. 169. Voting privilege of members of
board of election inspectors. - Members of
the board of election inspectors and their
substitutes may vote in the polling place where
they are assigned on election day: Provided,
That they are registered voters within the
province, city or municipality where they are
assigned: and Provided, finally, That their
voting in the polling places where they are not
registered voters be noted in the minutes of
the board of election inspectors.

Sec. 170. Relief and substitution of

members of the board of election
inspectors. - Public school teachers who are
members of the board of election inspectors
shall not be relieved nor disqualified from
acting as such members, except for cause and
after due hearing.
Any member of the board of election
inspectors, nominated by a political party, as
well as his substitute may at any time be
relieved from office and substituted with
another having the legal qualifications upon
petition of the authorized representative of the
party upon whose nomination the appointment
was made, and it shall be unlawful to prevent
said person from, or disturb him in, the
performance of the duties of the said office. A
record of each case of substitution shall be
made, setting forth therein the hour in which
the replaced member has ceased in the office
and the status of the work of the board of
election inspectors. Said record shall be signed
by each member of the board of election
inspectors
including the incoming and
outgoing officers.
Sec. 171. Vacancy in the board of election
inspectors. - Every vacancy in the board of
election inspectors shall be filled for the
remaining period in the manner hereinbefore
prescribed.
Sec. 172. Proceedings of the board of
election inspectors. - The meetings of the
board of election inspectors shall be public and

shall be held only in the

authorized by the Commission.

polling

place

The board of election inspectors shall have

full authority to maintain order within the
polling place and its premises, to keep access
thereto open and unobstructed, and to enforce
obedience to its lawful orders. If any person
shall refuse to obey lawful orders of the board
of election inspectors, or shall conduct himself
in a disorderly manner in its presence or within
its hearing and thereby interrupt or disturb its
proceedings, the board of election inspectors
may issue an order in writing directing any
peace officer to take such person into custody
until the adjournment of the meeting, but such
order shall not be executed as to prevent any
person so taken into custody from exercising
his right to vote. Such order shall be executed
by any peace officer to whom it may be
delivered, but if none be present, by any other
person deputized by the board of election
inspectors in writing.
Sec. 173. Prohibition of political activity. No member of the board of election inspectors
shall engage in any partisan political activity or
take part in the election except to discharge
his duties as such and to vote.
Sec. 174. Functioning of the board of
election inspectors. - The board of election
inspectors shall act through its chairman, and
shall decide without delay by majority vote all
questions which may arise in the performance
of its duties.

Sec. 175. Temporary vacancies. - If, at the

time of the meeting of the board of election
inspectors, any member is absent, or the office
is still vacant, the members present shall call
upon the substitute or the absent members to
perform the duties of the latter; and, in case
such substitute cannot be found, the members
present shall appoint any non-partisan
registered voter of the polling place to
temporarily fill said vacancy until the absent
member appears or the vacancy is filled. In
case there are two or more members present,
they shall act jointly: Provided, That if the
absent member is one who has been proposed
by
an
accredited
political
party,
the
representative of said political party or in his
absence the watchers belonging to said party
shall designate a registered voter of the polling
place to temporarily fill said vacancy: Provided,
further, That in the event or refusal or failure
of either representative or watchers of said
political party to make the designation, the
members of the board of election inspectors
present shall choose a non-partisan registered
voter of the polling place to fill the vacancy.
Sec.
176. Temporary
designation
of
members of the board of election
inspectors by watchers. - If at the time the
board of election inspectors must meet, all the
positions in the board of election inspectors
are vacant, or if not one of the appointed
members shall appear, the watchers present
may designate voters of the polling place to
act in the place of said members until the

absentees shall appear or the vacancies are

filled.
Sec. 177. Arrest of absent members. - The
member or members of the board of election
inspectors present may order the arrest of any
other member or substitute thereof, who in
their judgment, has absented himself with
intention of obstructing the performance of
duties of the board of election inspectors.

Article XV
WATCHERS

Sec.
178. Official
watchers
of
candidates. - Every registered political party,
coalition of political parties and every
independent candidate shall each be entitled
to one watcher in every polling place.
No person shall be appointed watcher unless
he is a qualified voter of the city or
municipality, of good reputation and shall not
have been convicted by final judgment of any
election offense or of any other crime, must
know how to read and write Pilipino, English,
Spanish or any of the prevailing local dialects,
and not related within the fourth civil degree of
consanguinity or affinity to the chairman or
any member of the board of election

inspectors in the polling place where he seeks

appointment as a watcher.
Each candidate, political party or coalition of
political parties shall designate in every
province, highly urbanized city or district in the
Metropolitan Manila area, a representative
authorized to appoint watchers, furnishing the
provincial election supervisor or the city
election registrar, as the case may be, the
names of such representatives. The provincial
election supervisors shall furnish the municipal
election registrars and election registrars of
component cities with the list of such
representatives.
In the case of Metropolitan Manila, the
designation of the persons authorized to
appoint watchers shall be filed with the
Commission, which shall furnish the list of such
representatives to the respective city and
municipal election registrars.
Sec. 179. Rights and duties of watchers. Upon entering the polling place, the watchers
shall present and deliver to the chairman of
the
board
of
election
inspectors
his
appointment, and forthwith, his name shall be
recorded in the minutes with a notation under
his signature that he is not disqualified under
the second paragraph ofSection 178. The
appointments of the watchers shall bear the
personal signature or the facsimile signature of
the candidate or the duly authorized

representatives of the political party or

coalition of political parties who appointed him
or of organizations authorized by the
Commission under Section 180. The watchers
shall have the right to stay in the space
reserved for them inside the polling place.
They shall have the right to witness and inform
themselves of the proceedings of the board of
election inspectors, including its proceedings
during the registration of voters, to take notes
of what they may see or hear, to take
photographs of the proceedings and incidents,
if any, during the counting of votes, as well as
of election returns, tally boards and ballot
boxes, to file a protest against any irregularity
or violation of law which they believe may
have been committed by the board of election
inspectors or by any of its members or by any
persons, to obtain from the board of election
inspectors a certificate as to the filing of such
protest and/or of the resolution thereon, to
read the ballots after they shall have been
read by the chairman, as well as the election
returns after they shall have been completed
and signed by the members of the board of
election inspectors without touching them, but
they shall not speak to any member of the
board of election inspectors, or to any voter, or
among themselves, in such a manner as would
distract the proceedings, and to be furnished
with a certificate of the number of votes in
words and figures cast for each candidate, duly
signed and thumbmarked by the chairman and
all the members of the board of election

inspectors. Refusal of the chairman and the

members of the board of election inspectors to
sign and furnish such certificate shall
constitute an election offense and shall be
penalized under this Code.
Sec. 180. Other watchers. - The duly
accredited citizens arm of the Commission
shall be entitled to appoint a watcher in every
polling
place.
Other
civic,
religious,
professional, business, service, youth and any
other similar organizations, with prior authority
of the Commission, shall be entitled
collectively to appoint one watcher in every
polling place.

Article XVI
OFFICIAL BALLOTS AND ELECTION
RETURNS

Sec. 181. Official ballots. - Ballots for

national and local offices shall be of uniform
size and color and shall be provided at public
expense. They shall be printed on paper with
watermarks or other marks that will readily
distinguish the ballot paper from ordinary
paper. Each ballot shall be in the shape of a
strip with stub and detachable coupon
containing the serial number of the ballot, and
a space for the thumbmark of the voter on the

detachable coupon. It shall bear at the top on

the middle portion thereof the coat of arms of
the Republic of the Philippines, the words
"Official Ballot", the name of the city or the
municipality and province in which the election
is held, the date of the election, and the
following notice: "Fill out this ballot
secretly inside the voting booth. Do not
put any distinctive mark on any part of
this ballot."
The ballot shall also contain the names of all
the offices to be voted for in the election,
allowing opposite the name of each office,
sufficient space or spaces with horizontal lines
where the voter may write the name or names
of the individual candidates voted for by him.
There shall not be anything on the reverse side
of the ballot.
Ballots in cities and municipalities where
Arabic is of general use shall have each of the
titles of offices to be voted printed in Arabic in
addition to and immediately below the English
title.
Notwithstanding the preceding provisions of
this section, the Commission is hereby
empowered to prescribe a different form of
ballot to facilitate voting by illiterate voters
and to use or adopt the latest technological
and electronic devices as authorized under
paragraph (i) of hereof.

Sec. 182. Emergency ballots. - No ballots

other than the official ballots shall be used or
counted, except in the event of failure to
receive the official ballots on time, or where
there are no sufficient ballots for all registered
voters or where they are destroyed at such
time as shall render it impossible to provide
other official ballots, in which cases the city or
municipal treasurer shall provide other ballots
which shall be as similar to the official ones as
circumstances will permit and which shall be
uniform within each polling place. The
treasurer shall immediately report such action
to the Commission.
The municipal treasurer shall not undertake
the preparation of the emergency ballots
unless the political parties, candidates and the
organizations collectively authorized by the
Commission to designate watchers have been
sufficiently
notified
to
send
their
representatives and have agreed in writing to
the preparation and use of emergency ballots.
Sec. 183. Requisition of official ballots
and election returns. - Official ballots and
election returns shall be printed upon orders of
the Commission. Requisition of official ballots
shall be for each city and municipality, at the
rate of one and one-fifth ballots for every
registered voter in the next preceding election;
and for election returns, at one set thereof for
every polling place.

Sec. 184. Printing of official ballots and

elections returns. - The official ballots and
election returns shall be printed by the
Government Printing Office and/or the Central
Bank printing facilities exclusively, under the
exclusive supervision and control of the
Commission which shall determine and provide
the necessary security measures in the
printing, storage and distribution thereof.
Each ballot shall be joined by a perforated line
to a stub numbered consecutively, beginning
with number "1" in each city and municipality.
Each ballot shall also have at the bottom a
detachable coupon bearing the same number
of the stub. Each pad of ballots shall bear on
its cover the name of the city or municipality in
which the ballots are to be used and the
inclusive serial numbers of the ballots
contained therein.
The official ballots shall be bound in separate
pads of fifty or one hundred ballots each as
may be required.
The election returns shall be prepared in sets
of six copies per set and shall be numbered
consecutively, beginning with number "1" in
each city and municipality. Each set of the
election returns shall be printed in such a
manner that will ensure that the entries on the
original of the returns are clearly reproduced
on the other copies thereof and shall bear the
name of the city or municipality in which the

returns are to be used. For this purposes, the

Commission shall acquire, if necessary, a
special kind of carbon paper or chemically
treated paper.
Sec. 185. Sample official ballots. - The
Commission shall provide the board of election
inspectors with sample official ballots at the
rate of thirty ballots per polling place. The
sample official ballots shall be printed on
colored paper, in all respects like the official
ballots but bearing instead the words "Sample
Official Ballot", to be shown to the public and
used in demonstrating how to fill out and fold
the official ballots properly. No name of any
actual candidate shall be written on the spaces
for voting on the sample official ballots
provided by the Commission, nor shall they be
used for voting.
Sec. 186. Distribution of official ballots
and election returns. - The official ballots
and the election returns shall be distributed by
the Commission to each city and municipality
at the rate of one and one-fifth ballots for
every voter registered in each polling place;
and for election returns, at the rate of one set
each for every polling place.
The provincial, city or municipal treasurer shall
respectively keep a record of the quantity and
serial numbers of official ballots and election
returns furnished the various provinces, cities,
municipalities and polling places, as the case

may be, legible copies of which record shall be

furnished the duly authorized provincial, city or
municipal representatives of the ruling party
and the dominant opposition party, and the
Commission immediately after the distribution
is made of such official ballots and election
returns.
The Commission shall prescribe the
official delivery receipts to be signed
election registrar and the chairman
board of canvassers upon receipt
election returns.

use of
by the
of the
of the

No official ballots or election returns shall be

delivered to the board of election inspectors
earlier than the first hour of election day:
Provided, however, That the Commission, after
written notice to the registered political parties
and the candidates, may, for justifiable
reasons, authorize the delivery of said official
ballots and election returns to the board of
election inspectors of any particular polling
place at an earlier date.
Sec. 187. Committee on printing, storage,
and distribution of official ballots and
election returns. - The Commission shall
appoint a committee of five members, two of
whom shall be from among its personnel, the
third to be designated by the Commission on
Audit, and the last two to be designated by the
ruling party and the dominant opposition party
to act as its representatives in supervising the

printing, storage and distribution of official

ballots and election returns.
Upon the request of any candidate, political
party or of civic, religious, professional,
business, service, youth or any similar
organizations collectively designated by the
Commission, the latter shall allow any person
designated by any of the former as watcher to
observe the proceedings of the committee on
the printing of official ballots and election
returns, file objections, if any, witness the
printing and distribution of the ballots and the
returns and guard the premises of the printer.
Sec. 188. Duties of the committee on
printing of official ballots and election
returns - Under such orders or instructions as
the Commission may issue, and in addition to
general supervision and control over the
printing and shipment of official ballots and
election returns, the committee on printing of
official ballots and election returns shall (a)
take charge of the room or rooms where the
paper and paraphernalia used in the printing of
official ballots and election returns are stored
and where printed official ballots and election
returns are packed and prepared for shipment,
(b) supervise all aspects relating to the
printing, storage and shipment of official
ballots and election returns and report to the
Commission any irregularity which they believe
may have been committed, and (c) perform

such
other
related
Commission may direct.

functions

as

the

Sec.
189. Representatives
of
the
registered
political
parties
in
the
verification and distribution of official
ballots and election returns. - The ruling
party and the dominant opposition party or
their
respective
duly
authorized
representatives in the different provinces,
cities and municipalities, shall submit the
names of their respective watchers who,
together with the representatives of the
Commission and the provincial, city and
municipal treasurer shall verify the contents of
the boxes containing the shipment of official
ballots, election returns and sample official
ballots received by the said treasurers. The
provincial treasurers shall keep a record of
their receipt and distribution to each municipal
treasurer, while the city and municipal
treasurer shall each keep a record of their
distribution to the board of election inspectors.

only to allow said voters to cast their votes

without interruption. The poll clerk shall,
without delay, prepare a complete list
containing the names of said voters
consecutively numbered, and the voters so
listed shall be called to vote by announcing
each name repeatedly three times in the order
in which they are listed. Any voter in the list
who is not present when his name is called out
shall not be permitted to vote.
Sec. 191. Preliminaries to the voting. 1.

Article XVII

its interior covers with three padlocks.

3.

The chairman shall forthwith show to

the public and the watchers present
the package of official ballots received
from the city, or municipal treasurer
duly wrapped and sealed and the
number of pads, the serial numbers

The board of election inspectors shall

and the type forms of the ballots in

meet at the polling place at six-thirty

each pad appearing on the cover, and

o'clock in the morning of election day

the book of voters duly sealed. The

and shall have the book of voters

board of election inspectors shall then

containing

approved

break the seals of the package of

applications of registration of voters

official ballots and the book of voters.

pertaining to the polling place, the

The board of election inspectors shall

certified list of voters, the certified list

enter in the minutes the fact that the

of candidates, the ballot box, the

package of ballots, and the book of

official

voters were shown to the public with

all

ballots,

the

sufficient

indelible

pencils or ball pens for the use of the

their

voters, the forms to be used, and all

seals intact and/or if they find that the

other

wrapping and seals are broken, such

materials

which

may

be

necessary.

CASTING OF VOTES

those present and being empty, lock

wrapping

and

corresponding

fact must be stated in the minutes as

well as the number of pads and the

Sec. 190. Voting hours. - The casting of

votes shall start at seven o'clock in the
morning and shall end at three o'clock in the
afternoon, except when there are voters
present within thirty meters in front of the
polling place who have not yet cast their votes,
in which case the voting shall continue but

serial numbers of ballots that they find

2.

Immediately thereafter, the chairman

in

of the board of election inspectors shall

Ballots with separately printed serial

open the ballot box, empty both of its

numbers shall be deemed spurious and

compartments,

shall not be utilized by the board of

exhibit

them

to all

election

the

inspectors

package.

unless

the

Commission representative shall order

their use in writing, stating the reasons
therefor.

4.

The

chairman

and

the

two

party

members of the board of election

inspectors

shall

retain

in

their

possession their respective keys to the

padlocks during the voting.

5.

The box shall remain locked until the

voting is finished and the counting
begins. However, if it should become
necessary to make room for more
ballots,

the

board

of

election

inspectors may open the box in the

presence

of

the

whole

board

of

election inspectors and the watchers,

and the chairman shall press down
with his hands the ballots contained
therein without removing any of them,
after

which

the

board

of

election

inspectors shall close the box and lock

it with three padlocks as hereinbefore
provided.
Sec. 192. Persons allowed in and around
the polling place. - During the voting, no
person shall be allowed inside the polling

place, except the members of the board of

election
inspectors,
the
watchers,
the
representatives of the Commission, the voters
casting their votes, the voters waiting for their
turn to get inside the booths whose number
shall not exceed twice the number of booths
and the voters waiting for their turn to cast
their votes whose number shall not exceed
twenty at any one time. The watchers shall
stay only in the space reserved for them, it
being illegal for them to enter places reserved
for the voters or for the board of election
inspectors or to mingle and talk with the voters
within the polling place.
It shall be unlawful for any officer or member
of the Armed Forces of the Philippines
including the Philippine Constabulary or the
Integrated National Police or peace officer or
any armed person belonging to any extra-legal
police agency, special forces, reaction forces,
strike forces, home defense units, barangay
tanod, or other similar forces or para-military
forces, including special forces, security
guards, special policeman, and all other kinds
of armed or unarmed extra-legal police
officers, to enter any polling place, unless it is
his polling place where he will vote but in such
case he should immediately leave the polling
place, no policeman or peace officer shall be
allowed to enter or stay inside the polling
place except when there is an actual
disturbance of the peace and order therein.
However, the board of election inspectors upon
majority vote, if it deems necessary, may

make a call in writing, duly entered in the

minutes, for the detail of a policeman or any
peace officer for their protection or for the
protection of the election documents and
paraphernalia, in which case, the said
policeman or peace officer shall stay outside
the polling place within a radius of thirty
meters near enough to be easily called by the
board of election inspectors at any time, but
never at the door, and in no case shall the said
policeman or peace officer hold any
conversation with any voter or disturb or
prevent or in any manner obstruct the free
access of the voters to the polling place. It
shall likewise be unlawful for any barangay
official to enter and stay inside any polling
place except to vote or except when serving as
a watcher or member of the board of election
inspectors, in which case, he shall leave the
polling place immediately after voting.
Sec. 193. Order of voting. - The voters shall
vote in the order of their entrance into the
polling place. The voters shall have the right to
freely enter the polling place as soon as they
arrive unless there are voters waiting inside, in
which case they shall fall in line in the order of
their arrival and shall not crowd around the
table of the board of election inspectors. The
voters after having cast their votes shall
immediately depart.
Sec. 194. Manner of obtaining ballots. The voter shall approach the chairman and
shall give his name and address together with
other data concerning his person. In case any

member of the board of election inspectors

doubts the identity of the voter, the board of
election inspectors shall check his voter's
identification card or, if he does not have any,
the board of election inspectors shall refer to
his photograph and signature in the voter's
application for registration. If the board of
election inspectors is satisfied with his identity,
the chairman shall distinctly announce the
voter's name in a tone loud enough to be
plainly heard throughout the polling place. If
such voter has not been challenged, or if
having been challenged, the question has been
decided in his favor, the voter shall forthwith
affix his signature in the proper space in the
voting record, and the chairman shall, after
first entering the number of the ballot in the
corresponding space of the voting record,
deliver to the voter one ballot correctly folded.
No person other than the chairman shall
deliver official ballots nor shall more than one
ballot be delivered at one time.
Sec. 195. Manner of preparing the
ballot. - The voter, upon receiving his folded
ballot, shall forthwith proceed to one of the
empty voting booths and shall there fill his
ballot by writing in the proper space for each
office the name of the individual candidate for
whom he desires to vote.
No voter shall be allowed to enter a booth
occupied by another, nor enter the same
accompanied by somebody, except as
provided for in the succeeding section hereof,
nor stay therein for a longer time than

necessary, nor speak with anyone other than

as herein provided while inside the polling
place. It shall be unlawful to prepare the ballot
outside the voting booth, or to exhibit its
contents to any person, or to erase any
printing from the ballot, or to intentionally tear
or deface the same or put thereon any
distinguishing mark. It shall likewise be
unlawful to use carbon paper, paraffin paper,
or other means for making a copy of the
contents of the ballot or make use of any other
means to identify the vote of the voter.
Sec. 196. Preparation of ballots for
illiterate and disabled persons. - A voter
who is illiterate or physically unable to prepare
the ballot by himself may be assisted in the
preparation of his ballot by a relative, by
affinity or consanguinity within the fourth civil
degree or if he has none, by any person of his
confidence who belong to the same household
or any member of the board of election
inspectors, except the two party members:
Provided, That no voter shall be allowed to
vote as illiterate or physically disabled unless it
is so indicated in his registration record:
Provided, further, That in no case shall an
assistor assist more than three times except
the non-party members of the board of
election inspectors. The person thus chosen
shall prepare the ballot for the illiterate or
disabled voter inside the voting booth. The
person assisting shall bind himself in a formal
document under oath to fill out the ballot
strictly in accordance with the instructions of

the voter and not to reveal the contents of the

ballot prepared by him. Violation of this
provision shall constitute an election offense.
Sec. 197. Spoiled ballots. - If a voter should
accidentally spoil or deface a ballot in such a
way that it cannot lawfully be used, he shall
surrender if folded to the chairman who shall
note in the corresponding space in the voting
record that said ballot is spoiled. The voter
shall then be entitled to another ballot which
the chairman shall give him after announcing
the serial number of the second ballot and
recording
said
serial
number
in
the
corresponding spaces in the voting record. If
the second ballot is again spoiled or defaced in
such a way that it cannot lawfully be used, the
same shall be surrendered to the chairman and
recorded in the same manner as the first
spoiled or defaced ballot. However, no voter
shall change his ballot more than twice.
The spoiled ballot shall, without being unfolded
and without removing the detachable coupon,
be distinctly marked with the word "spoiled"
and signed by the board of election inspectors
on the endorsement fold thereof and
immediately placed in the compartment for
spoiled ballots.
Sec. 198. Voting. a.

After the voter has filled his ballot he

shall fold it in the same manner as
when he received it and return it to the
chairman.

e.
b.

In the presence of all the members of

the board of election inspectors, he
shall

affix

his

thumbmark

on

The chairman shall sign in the proper

disqualification.

space beside the thumbmark of the

board

voter.

satisfy itself as to whether or not the

and deliver the folded ballot to the

f.

coupon in the presence of the board of

view of the voter and all the members

of the board of election inspectors,

previously entered.

his voter's affidavit on election day

unless his identity is challenged. His

the

failure

detached

coupon

in

the

g.

Sec. 199. Challenge of illegal voters. -

his

thumbmark by the side of his signature

in the space intended for that purpose
in the voting record and the chairman
shall

apply

silver

nitrate

and

commassie blue on the right forefinger

affidavit

to

produce

upon

his

being

from the photograph, fingerprints, or

The voter shall then depart.

nail, if there be no forefinger nail.

affix

voter's

inability

from voting if his identity be shown

nail or on any other available finger

fortwith

or

challenged, shall not preclude him

Any ballot returned to the chairman whose

detachable coupon has been removed not in
the presence of the board of election
inspectors and of the voter, or any ballot
whose number does not coincide with the
number of the ballot delivered to the voter, as
entered in the voting record, shall be
considered as spoiled and shall be so marked
and signed by the members of the board of
election inspectors.

shall

No voter shall be required to present

the compartment for valid ballots, and

its contents, shall verify its number

from the voting record where it was

b.

and shall deposit the folded ballot in

compartment for spoiled ballots.

without unfolding the ballot or seeing

voter

the
shall

to be in order, shall then detach the

The chairman, in the presence and

The

case,

inspectors

identity of the voter; and

The chairman, after finding everything

election inspectors and of the voter

d.

such

requiring proof of registration or the

chairman.

c.

In

election

ground for the challenge is true by

the

corresponding space in the coupon,

of

a.

Any voter, or watcher may challenge

any person offering to vote for not
being registered, for using the name of
another

or

suffering

from

existing

specimen signatures in his approved

application in the book of voters or if
he

is

identified

member

of

the

under

oath

board

of

by

election

inspectors and such identification shall

be reflected in the minutes of the
board.
Sec. 200. Challenge based on certain
illegal acts. - Any voter or watcher may
challenge any voter offering to vote on the
ground that the challenged person has
received or expects to receive, has paid,
offered or promised to pay, has contributed,
offered or promised to contribute money or
anything of value as consideration for his vote

or for the vote of another; that he has made or

received a promise to influence the giving or
withholding of any such vote or that he has
made a bet or is interested directly or
indirectly in a bet which depends upon the
result of the election. The challenged person
shall take a prescribed oath before the board
of election inspectors that he has not
committed any of the acts alleged in the
challenge. Upon the taking of such oath, the
challenge shall be dismissed and the
challenged voter shall be allowed to vote, but
in case of his refusal to take such oath, the
challenge shall be sustained and he shall not
be allowed to vote.
Sec. 201. Admission of challenged vote
immaterial in criminal proceedings. - The
admission of the challenged vote under the
two preceding sections shall not be conclusive
upon any court as to the legality of the
registration of the voter challenged or his vote
in a criminal action against such person for
illegal registration or voting.
Sec. 202. Record of challenges and
oaths. - The poll clerk shall keep a prescribed
record of challenges and oaths taken in
connection therewith and the resolution of the
board of election inspectors in each case and,
upon the termination of the voting, shall certify
that it contains all the challenges made. The
original of this record shall be attached to the
original copy of the minutes of the voting as
provided in the succeeding section.

Sec. 203. Minutes of voting and counting

of votes. - The board of election inspectors
shall prepare and sign a statement in four
copies setting forth the following:
1.

8.

The number of official ballots found

inside

the

compartment

for

valid

ballots;

The time the voting commenced and

ended;
9.

2.

The number of valid ballots, if any,

The serial numbers of the official

retrieved from the compartment for

ballots and election returns, special

spoiled ballots;

envelopes and seals received;

10. The number of ballots, if any, found
3.

The number of official ballots used and

folded together;

the number left unused;

11. The
4.

5.

number

of

spoiled

ballots

The number of voters who cast their

withdrawn from the compartment for

votes;

valid ballots;

The

number

of

voters

challenged

12. The number of excess ballots;

during the voting;

13. The number of marked ballots;
6.

The names of the watchers present;

7.

The

14. The
time

the

counting

commenced and ended;

of

votes

number

counted;

of

ballots

read

and

15. The time the election returns were

signed and sealed in their respective
special envelopes;

16. The number and nature of protests

made by watchers; and

17. Such

other

matters

that

the

Commission may require.

Copies of this statement after being duly
accomplished shall be sealed in separate
envelopes and shall be distributed as follows:
(a) the original to the city or municipal election
registrar; (b) the second copy to be deposited
inside the compartment for valid ballots of the
ballot box; and (c) the third and fourth copies
to the representatives of the accredited
political parties.
Sec. 204. Disposition of unused ballots at
the close of the voting hours. - The
chairman of the board of election inspectors
shall prepare a list showing the number of
unused ballots together with the serial
numbers. This list shall be signed by all the
members of the board of election inspectors,
after which all the unused ballots shall be torn
halfway in the presence of the members of the
board of election inspectors.
Sec.
205. Prohibition
of
premature
announcement of voting. - No member of

the board of election inspectors shall, before

the termination of the voting, make any
announcement as to whether a certain
registered voter has already voted or not, as to
how many have already voted or how many so
far have failed to vote, or any other fact
tending to show or showing the state of the
polls, nor shall he make any statement at any
time, except as witness before a court, as to
how any person voted.

Article XVIII

COUNTING OF VOTES
Sec. 206. Counting to be public and
without interruption. - As soon as the voting
is finished, the board of election inspectors
shall publicly count in the polling place the
votes cast and ascertain the results. The board
of election inspectors shall not adjourn or
postpone or delay the count until it has been
fully completed, unless otherwise ordered by
the Commission.
The Commission, in the interest of free,
orderly, and honest elections, may order the
board of election inspectors to count the votes
and to accomplish the election returns and
other forms prescribed under this Code in any
other place within a public building in the
same municipality or city: Provided, That the
said public building shall not be located within
the perimeter of or inside a military or police
camp or reservation nor inside a prison
compound.

Sec.
207. Excess
ballots. Before
proceeding to count the votes the board of
election inspectors shall count the ballots in
the compartment for valid ballots without
unfolding them or exposing their contents,
except so far as to ascertain that each ballot is
single, and compare the number of ballots in
the box with the number of voters who have
voted. If there are excess ballots, they shall be
returned in the box and thoroughly mixed
therein, and the poll clerk, without seeing the
ballots and with his back to the box, shall
publicly draw out as may ballots as may be
equal to the excess and without unfolding
them, place them in an envelope which shall
be marked "excess ballots" and which shall be
sealed and signed by the members of the
board of election inspectors. The envelope
shall be placed in the compartment for valid
ballots, but its contents shall not be read in the
counting of votes. If in the course of the
examination ballots are found folded together
before they were deposited in the box, they
shall be placed in the envelope for excess
ballots. In case ballots with their detachable
coupons be found in the box, such coupons
shall be removed and deposited in the
compartment for spoiled ballots, and the
ballots shall be included in the file of valid
ballots. If ballots with the words "spoiled" be
found in the box, such ballots shall likewise be
placed in the compartment for spoiled ballots.
Sec. 208. Marked ballots. - The board of
election inspectors shall then unfold the ballots

and determine whether there are any marked

ballots, and, if any be found, they shall be
placed in an envelope labelled "marked
ballots" which shall be sealed and signed by
the members of the board of election
inspectors and placed in the compartment for
valid ballots and shall not be counted. A
majority vote of the board of election
inspectors shall be sufficient to determine
whether any ballot is marked or not. Nonofficial ballots which the board of election
inspectors may find, except those which have
been used as emergency ballots, shall be
considered as marked ballots.
Sec.
209. Compartment
for
spoiled
ballots. - The ballots deposited in the
compartment for spoiled ballots shall be
presumed to be spoiled ballots, whether or not
they contain such notation; but if the board of
election inspectors should find that during the
voting any valid ballot was erroneously
deposited in this compartment, or if any ballot
separated as excess or marked had been
erroneously deposited therein, the board of
election
inspectors
shall
open
said
compartment after the voting and before the
counting of votes for the sole purpose of
drawing out the ballots erroneously deposited
therein. It shall then prepare and sign a
statement of such fact and lock the box with
its three keys immediately thereafter. The valid
ballots so withdrawn shall be mixed with the
other valid ballots, and the excess or marked
ballots shall be placed in their proper

envelopes which shall for such purposes be

opened and again labelled, sealed, signed and
kept as hereinafter provided.
Sec. 210. Manner of counting votes. - The
counting of votes shall be made in the
following manner: the board of election
inspectors shall unfold the ballots and form
separate piles of one hundred ballots each,
which shall be held together with rubber
bands, with cardboard of the size of the ballots
to serve as folders. The chairman of the board
of election inspectors shall take the ballots of
the first pile one by one and read the names of
candidates voted for and the offices for which
they were voted in the order in which they
appear thereon, assuming such a position as to
enable all of the watchers to read such names.
The chairman shall sign and affix his right
hand thumbmark at the back of the ballot
immediately after it is counted. The poll clerk,
and the third member, respectively, shall
record on the election returns and the tally
board or sheet each vote as the names voted
for each office are read.
Each vote shall be recorded by a vertical line,
except every fifth vote which shall be recorded
by a diagonal line crossing the previous four
vertical lines. One party member shall see to it
that the chairman reads the vote as written on
the ballot, and the other shall check the
recording of the votes on the tally board or
sheet and the election returns seeing to it that
the same are correctly accomplished. After
finishing the first pile of ballots, the board of

election inspectors shall determine the total

number of votes recorded for each candidate,
the sum being noted on the tally board or
sheet and on the election returns. In case of
discrepancy such recount as may be necessary
shall be made. The ballots shall then be
grouped together again as before the reading.
Thereafter, the same procedure shall be
followed with the second pile of ballots and so
on successively. After all the ballots have been
read, the board of election inspectors shall
sum up the totals recorded for each candidate,
and the aggregate sum shall be recorded both
on the tally board or sheet and on the election
returns. It shall then place the counted ballots
in an envelope provided for the purpose, which
shall be closed signed and deposited in the
compartment for valid ballots. The tally board
or sheet as accomplished and certified by the
board of election inspectors shall not be
changed or destroyed but shall be kept in the
compartment for valid ballots.
Sec. 211. Rules for the appreciation of
ballots. - In the reading and appreciation of
ballots, every ballot shall be presumed to be
valid unless there is clear and good reason to
justify its rejection. The board of election
inspectors shall observe the following rules,
bearing in mind that the object of the election
is to obtain the expression of the voter's will:
1.

Where

only

candidate

or

the
only

first
his

name

of

surname

is

written, the vote for such candidate is

valid, if there is no other candidate

which are the surnames of two or more

the candidate and the other is the

with the same first name or surname

candidates, the same shall not be

surname of his opponent, the vote

for the same office.

counted for any of them, unless one is

shall not be counted for either.

a surname of an incumbent who has

served for at least one year in which
2.

Where

only

the

first

name

of

case it shall be counted in favor of the

7.

latter.

candidate is written on the ballot,

A name or surname incorrectly written

which, when read, has a sound similar

which when read, has a sound similar

to the name or surname of a candidate

to the surname of another candidate,

When two or more words are written

when

the vote shall be counted in favor of

on different lines on the ballot all of

counted in his favor;

the candidate with such surname. If

which are the surnames of two or more

there are two or more candidates with

candidates bearing the same surname

the same full name, first name or

for

surname and one of them is the

authorizes the election of more than

in a space of the ballot for an office for

incumbent, and on the ballot is written

one and there are the same number of

which he is a candidate and in another

only such full name, first name or

such surnames written as there are

space for which he is not a candidate,

surname, the vote shall be counted in

candidates with that surname, the vote

it shall be counted in his favor for the

favor of the incumbent.

shall be counted in favor of all the

office for which he is a candidate and

candidates bearing the surname.

the vote for the office for which he is

an

office

for

which

the

law

8.

correctly

written

shall

be

When a name of a candidate appears

not a candidate shall be considered as

3.

In case the candidate is a woman who

stray, except when it is used as a

When on the ballot is written a single

means to identify the voter, in which

or both and there is another candidate

word which is the first name of a

case, the whole ballot shall be void.

with

ballot

candidate and which is at the same

bearing only such surname shall be

time the surname of his opponent, the

If the word or words written on the

counted in favor of the candidate who

vote shall be counted in favor of the

appropriate blank on the ballot is the

is an incumbent.

latter.

identical name or surname or full

uses her maiden or married surname

the

same

surname,

5.

name, as the case may be, of two or

more candidates for the same office
4.

When two or more words are written

on the same line on the ballot, all of

6.

When two words are written on the

none of whom is an incumbent, the

ballot, one of which is the first name of

vote shall be counted in favor of that

candidate to whose ticket belong all

"Hon.", "Gob." or suffixes like "Hijo",

the other candidates voted for in the

"Jr.", "Segundo", are valid.

15. If on the ballot is correctly written the

first name of a candidate but with a

same ballot for the same constituency.

different surname, or the surname of

the candidate is correctly written but
13. The

9.

use

of

the

nicknames

and

with different first name, the vote shall

of

affection

and

not

be

counted

in

favor

of

any

When in a space in the ballot there

appellations

appears a name of a candidate that is

friendship, if accompanied by the first

candidate

erased and another clearly written, the

name or surname of the candidate,

and/or surname but the ballot shall be

vote is valid for the latter.

does not annul such vote, except when

considered valid for other candidates.

having

such

first

name

they were used as a means to identify

the voter, in which case the whole
ballot is invalid: Provided, That if the

16. Any ballot written with crayon, lead

correct

nickname used is unaccompanied by

pencil, or in ink, wholly or in part, shall

surname of a candidate, the erroneous

the name or surname of a candidate

be valid.

initial of the surname accompanying

and it is the one by which he is

the correct first name of a candidate,

generally or popularly known in the

or the erroneous middle initial of the

locality, the name shall be counted in

candidate shall not annul the vote in

favor of said candidate, if there is no

candidates voted for in an office for

favor of the latter.

other candidate for the same office

which the law authorizes the election

with the same nickname.

of only one, the vote shall not be

10. The erroneous initial of the first name

which

accompanies

the

17. Where

there

are

two

or

more

counted in favor of any of them, but

this shall not affect the validity of the

11. The fact that there exists another

person who is not a candidate with the

14. Any vote containing initials only or

first name or surname of a candidate

which is illegible or which does not

shall not prevent the adjudication of

sufficiently identify the candidate for

the vote of the latter.

whom

it

is

intended

shall

other votes therein.

be

18. If the candidates voted for exceed the

considered as a stray vote but shall not

number of those to be elected, the

invalidate the whole ballot.

ballot is valid, but the votes shall be

12. Ballots which contain prefixes such as

counted only in favor of the candidates

"Sr.", "Mr.", "Datu", "Don", "Ginoo",

whose names were firstly written by

the voter within the spaces provided

for said office in the ballot until the

between the first name and surname

authorized number is covered.

of a candidate, or in other parts of the

ballot, traces of the letter "T", "J", and
other similar ones, the first letters or

19. Any vote in favor of a person who has

syllables of names which the voter

not filed a certificate of candidacy or in

does not continue, the use of two or

favor of a candidate for an office for

more kinds of writing and unintentional

which he did not present himself shall

or accidental flourishes, strokes, or

be considered as a stray vote but it

strains, shall not invalidate the ballot.

26. The accidental tearing or perforation of

a ballot does not annul it.

27. Failure

to

remove

the

detachable

coupon from a ballot does not annul

such ballot.

shall not invalidate the whole ballot.

23. Any ballot which clearly appears to
20. Ballots

containing

the

name

of

have

been

filled

by

two

distinct

candidate printed and pasted on a

persons before it was deposited in the

blank space of the ballot or affixed

ballot box during the voting is totally

thereto

null and void.

through

any

mechanical

process are totally null and void.

24. Any vote cast in favor of a candidate
21. Circles, crosses or lines put on the

who has been disqualified by final

spaces on which the voter has not

judgment shall be considered as stray

voted shall be considered as signs to

and shall not be counted but it shall

indicate his desistance from voting and

not invalidate the ballot.

shall not invalidate the ballot.

25. Ballots wholly written in Arabic in
22. Unless it should clearly appear that

localities where it is of general use are

they have been deliberately put by the

valid. To read them, the board of

voter to serve as identification marks,

election inspectors may employ an

commas,

interpreter who shall take an oath that

dots,

lines,

or

hyphens

he shall read the votes correctly.

28. A vote for the President shall also be a

vote for the Vice-President running
under the same ticket of a political
party, unless the voter votes for a
Vice-President who does not belong to
such party.
Sec. 212. Election returns. - The board of
election inspectors shall prepare the election
returns simultaneously with the counting of the
votes in the polling place as prescribed in
Section 210 hereof. The return shall be
prepared in sextuplicate. The recording of
votes shall be made as prescribed in said
section. The entry of votes in words and
figures for each candidate shall be closed with
the signature and the clear imprint of the
thumbmark of the right hand of all the
members, likewise to be affixed in full view of
the public, immediately after the last vote
recorded or immediately after the name of the
candidate who did not receive any vote.

The returns shall also show the date of the

election, the polling place, the barangay and
the city of municipality in which it was held,
the total number of ballots found in the
compartment for valid ballots, the total
number of valid ballots withdrawn from the
compartment for spoiled ballots because they
were erroneously placed therein, the total
number of excess ballots, the total number of
marked or void ballots, and the total number of
votes obtained by each candidate, writing out
the said number in words and figures and, at
the end thereof, the board of election
inspectors shall certify that the contents are
correct. The returns shall be accomplished in a
single sheet of paper, but if this is not possible,
additional sheets may be used which shall be
prepared in the same manner as the first sheet
and likewise certified by the board of election
inspectors.
The Commission shall take steps so that the
entries on the first copy of the election returns
are clearly reproduced on the second, third,
fourth, fifth, and sixth copies thereof, and for
this purpose the Commission shall use a
special kind of paper.
Immediately upon the accomplishment of the
election returns, each copy thereof shall be
sealed in the presence of the watchers and the
public, and placed in the proper envelope,
which shall likewise be sealed and distributed
as herein provided.

Any election return with a separately printed

serial number or which bears a different serial
number from that assigned to the particular
polling place concerned shall not be
canvassed. This is to be determined by the
board of canvassers prior to its canvassing on
the basis of the certification of the provincial,
city or municipal treasurer as to the serial
number of the election return assigned to the
said voting precinct, unless the Commission
shall order in writing for its canvassing, stating
the reason for the variance in serial numbers.

prescribed by the Commission. One

If the signatures and/or thumbmarks of the

members of the board of election inspectors or
some of them as required in this provision are
missing in the election returns, the board of
canvassers may summon the members of the
board of election inspectors concerned to
complete the returns.

authorized

Sec. 213. Proclamation of the result of

the election in the polling place. - Upon
the completion of the election returns, the
chairman of the board of election inspectors
shall orally and publicly announce the total
number of votes received in the election in the
polling place by each and every one of the
candidates, stating their corresponding office.
Sec. 214. Disposition of election returns. 1.

In a presidential election: the board of

election inspectors shall prepare in
handwriting and sign the returns of the
election

in

sextuplicate

in

their

respective polling place in a form to be

copy

shall

be

deposited

in

the

compartment of the ballot box for valid

ballots,

and

in

the

case

of

municipalities two copies including the

original copy shall be handed to the
municipal election registrar who shall
immediately deliver the original copy
to the provincial election supervisor
and forward the other copy to the
Commission, and one copy each to the
representatives

of

the

accredited political parties. In the case

of the cities, the city registrar shall
retain the original copy for submission
to the provincial election supervisor,
and forward the other copy to the
Commission.

2.

In the election for Members of the

Batasang Pambansa: the original of the
election returns shall be delivered to
the election registrar of the city or
municipality

for

transmittal

to

the

chairman of the provincial board of

canvassers, and direct to the chairman
of

the

city

or

district

board

of

canvassers in the urbanized cities and

the districts of Metropolitan Manila, as
the case may be, for use in the

canvass.

The

second

copy

shall

likewise be delivered to the election

members

registrar

parties represented in the board of

for

transmittal

to

the

Commission. The third copy shall be

deposited in the compartment for valid
ballots.

The

fourth

copy

shall

be

delivered to the election registrar who

shall use said copy in the tabulation of
the advance results of the election in
the city or municipality. The fifth and
sixth copies shall each respectively be
delivered to the members representing
political parties represented in the
board of election inspectors.

3.

each respectively be delivered to the

In local elections: the original copy of

the election returns shall be delivered
to the city or municipal board of
canvassers as a body for its use in the
city of municipal canvass. The second
copy shall be delivered to the election
registrar of the city or municipality for
transmittal to the provincial board of
canvassers as a body for its use in the
provincial canvass. The third copy shall
likewise be delivered to the election
registrar

for

transmittal

to

the

Commission. The fourth copy shall be

deposited in the compartment for valid
ballots. The fifth and sixth copies shall

representing

the

political

election inspectors.
The Commission shall promulgate rules for the
speedy and safe delivery of the election
returns.
Sec. 215. Board of election inspectors to
issue a certificate of the number of votes
polled by the candidates for an office to
the watchers. - After the announcement of
the results of the election and before leaving
the polling place, it shall be the duty of the
board of election inspectors to issue a
certificate of the number of the votes received
by a candidate upon request of the watchers.
All the members of the board of election
inspectors shall sign the certificate.
Sec. 216. Alterations and corrections in
the election returns. - Any correction or
alteration made in the election, returns by the
board of election inspectors before the
announcement of the results of the election in
the polling place shall be duly initialed by all
the members thereof.
After the announcement of the results of the
election in the polling place has been made,
the board of election inspectors shall not make
any alteration or amendment in any of the
copies of the election returns, unless so
ordered by the Commission upon petition of
the members of the board of election
inspectors within five days from the date of the

election or twenty-four hours from the time a

copy of the election returns concerned is
opened by the board of canvassers, whichever
is earlier. The petition shall be accompanied by
proof of service upon all candidates affected. If
the petition is by all members of the board of
election inspectors and the results of the
election would not be affected by said
correction and none of the candidates affected
objects thereto, the Commission, upon being
satisfied of the veracity of the petition and of
the error alleged therein, shall order the board
of election inspectors to make the proper
correction on the election returns.
However, if a candidate affected by said
petition objects thereto, whether the petition is
filed by all or only a majority of the members
of the board of election inspectors and the
results of the election would be affected by the
correction sought to be made, the Commission
shall proceed summarily to hear the petition. If
it finds the petition meritorious and there are
no evidence or signs indicating that the
identity and integrity of the ballot box have
been violated, the Commission shall order the
opening of the ballot box. After satisfying itself
that the integrity of the ballots therein has also
been duly preserved, the Commission shall
order the recounting of the votes of the
candidates affected and the proper corrections
made on the election returns, unless the
correction sought is such that it can be made
without need of opening the ballot box.

Sec. 217. Delivery of the ballot boxes,

keys
and
election
supplies
and
documents. - Upon the termination of the
counting of votes, the board of election
inspectors shall place in the compartment for
valid ballots, the envelopes for used ballots
hereinbefore referred to, the unused ballots,
the tally board or sheet, a copy of the election
returns, and the minutes of its proceedings,
and then shall lock the ballot box with three
padlocks and such safety devices as the
Commission may prescribe. Immediately after
the box is locked, the three keys of the
padlocks shall be placed in three separate
envelopes and shall be sealed and signed by
all the members of the board of election
inspectors.
The
authorized
representatives
of
the
Commission shall forthwith take delivery of
said envelopes, signing a receipt therefor, and
deliver without delay one envelope to the
provincial treasurer, another to the provincial
fiscal and the other to the provincial election
supervisor.
The ballot box, all supplies of the board of
election inspectors and all pertinent papers
and documents shall immediately be delivered
by the board of election inspectors and the
watchers to the city or municipal treasurer who
shall keep his office open all night on the day
of election if necessary for this purpose, and
shall provide the necessary facilities for said
delivery at the expense of the city or
municipality. The book of voters shall be

returned to the election registrar who shall

keep it under his custody. The treasurer and
the election registrar, as the case may be,
shall on the day after the election require the
members of the board of election inspectors
who failed to send the objects referred to
herein to deliver the same to him immediately
and acknowledge receipt thereof in detail.
Sec. 218. Preservation of the voting
record. - The voting record of each polling
place shall be delivered to the election
registrar who shall have custody of the same,
keeping them in a safe place, until such time
that the Commission shall give instructions on
their disposition.
Sec. 219. Preservation of the ballot
boxes, their keys and disposition of their
contents. a.

b.

The city and municipal treasurer shall

keep the ballot boxes under their
responsibility for three months and
stored unopened in a secure place,
unless

the

Commission

orders

otherwise whenever said ballot boxes

are needed in any political exercise
which might be called within the said
period, provided these are not involved
in

any

election

contest

or

official

investigation, or the Commission or

other

competent

authority

shall

demand them sooner or shall order

their preservation for a longer time in
connection with any pending contest

The provincial election supervisor, the

or

provincial treasurer and the provincial

showing by any candidate that the

fiscal

envelope

boxes will be in danger of being

containing the keys in their possession

violated if kept in the possession of

intact

three

such officials, the Commission may

months following the election. Upon

order them kept by any other official

the lapse of this period, unless the

whom it may designate. Upon the

Commission has ordered otherwise,

lapse of said time and if there should

the provincial election supervisor and

be no order to the contrary, the

the provincial fiscal shall deliver to the

Commission may authorize the city

provincial

and

shall

keep

during

containing
custody.

the

the
period

treasurer
the

keys

the

of

envelope

under

their

investigation.

municipal

However,

treasurer

upon

in

the

presence of its representative to open

the boxes and burn their contents,
except the copy of the minutes of the

voting

and

the

election

returns

deposited therein which they shall take

and keep.

c.

In case of calamity or fortuitous event

such as fire, flood, storm, or other
similar calamities which may actually
cause damage to the ballot boxes
and/or their contents, the Commission
may authorize the opening of said
ballot boxes to salvage the ballots and
other contents by placing them in

will be needed in any canvass and in such

excepted instances, the members of the board
of election inspectors and watchers of the
candidates shall be notified of the time and
place of the opening of said ballot box:
Provided, however, That if there are other
copies of the election returns outside of the
ballot box which can be used in canvass, such
copies of the election returns shall be used in
said canvass and the opening of the ballot box
to retrieve copies of the election returns placed
therein shall then be dispensed with.

necessary

to

preserve

such

documents.
Sec. 220. Documents and articles omitted
or erroneously placed inside the ballot
box. - If after the delivery of the keys of the
ballot box to the proper authorities, the board
of election inspectors shall discover that some
documents or articles required to be placed in
the ballot box were not placed therein, the
board of election inspectors, instead of
opening the ballot box in order to place therein
said documents or articles, shall deliver the
same to the Commission or its duly authorized
representatives. In no instance shall the ballot
box be reopened to place therein or take out
therefrom any document or article except to
retrieve copies of the election returns which

City board of canvassers - the city

board of canvassers shall be composed
of the city election registrar or a
lawyer

of

the

Commission,

as

chairman, the city fiscal and the city

superintendent of schools, and one
representative from each of the ruling
party and the dominant opposition
political

Article XIX

party

entitled

to

be

represented, as members.

CANVASS AND PROCLAMATION

other ballot boxes, taking such other

precautionary measures as may be

b.

c.
Sec. 221. Board of canvassers. - There shall
be a board of canvassers for each province,
city, municipality, and district of Metropolitan
Manila as follows:
a.

Provincial board of canvassers the provincial board of canvassers

shall be composed of the provincial
election supervisor or a senior lawyer
in

the

regional

Commission,

as

office

of

the

chairman,

the

provincial fiscal, as vice-chairman, and

the

provincial

superintendent

of

schools, and one representative from

each of the ruling party and the
dominant opposition political party in
the constituency concerned entitled to
be represented, as members.

District board of canvassers of

Metropolitan

Manila -

the

district

board of canvassers shall be composed

of a lawyer of the Commission, as
chairman, and a ranking fiscal in the
district and the most senior district
school supervisor in the district to be
appointed upon consultation with the
Ministry of Justice and the Ministry of
Education,

Culture

and

Sports,

respectively, and one representative

from each of the ruling party and the
dominant opposition political party in
the

constituency

members.

concerned,

as

d.

Municipal board of canvassers - the

municipal board of canvassers shall be
composed of the election registrar or a
representative of the Commission, as
chairman, the municipal treasurer, and
the district supervisor or in his absence
any public school principal in the
municipality and one representative
from each of the ruling party and the
dominant
entitled

opposition
to

be

political

party

represented,

as

members.

e.

Board

of

canvassers

for

newly

created political subdivisions - the

Commission shall constitute a board of
canvassers and appoint the members
thereof for the first election in a newly
created province, city or municipality
in case the officials who shall act as
members

thereof

have

not

yet

assumed their duties and functions.

Sec. 222. Relationship with candidates
and other members. - The chairman and the
members of the board of canvassers shall not
be related within the fourth civil degree of
consanguinity or affinity to any of the
candidates whose votes will be canvassed by
said board, or to any member of the same
board.

Sec. 223. Prohibition against leaving

official station. - During the period beginning
election day until the proclamation of the
winning candidates, no member or substitute
member of the different boards of canvassers
shall be transferred, assigned or detailed
outside of his official station, nor shall he leave
said station without prior authority of the
Commission.
Sec. 224. Feigned illness. - Any member of
the board of canvassers feigning illness in
order to be substituted on election day until
the proclamation of the winning candidates
shall be guilty of an election offense.
Sec. 225. Vote required. - A majority vote of
all the members of the board of canvassers
shall be necessary to render a decision.
Sec. 226. Incapacity and substitution of
members of boards of canvassers. - In
case
of
non-availability,
absence,
disqualification
due
to
relationship,
or
incapacity for any cause of the chairman, the
Commission shall designate the provincial or
city fiscal to act as chairman. Likewise, in case
of non-availability, absence, disqualification
due to relationship, or incapacity for any
cause, of such designee, the next ranking
provincial or city fiscal shall be designated by
the Commission and such designation shall
pass to the next in rank until the designee
qualifies. With respect to the other members of
the board of canvassers, the Commission shall
appoint as substitute the provincial, city or
municipal officers of other government

agencies in the province, city or municipality,

as the case may be, and with respect to the
representatives of the accredited political
parties, the Commission shall appoint as
substitutes those nominated by the said
political parties.
Sec. 227. Supervision and control over
board of canvassers. - The Commission shall
have direct control and supervision over the
board of canvassers.
Any member of the board of
canvassers may, at any time, be relieved for
cause and substituted motu proprio by the
Commission.
Sec. 228. Notice of meeting of the
board. - At least five days before the meeting
of the board, the chairman of the board shall
give notice to all members thereof and to each
candidate and political party of the date, time
and place of the meeting.
Sec.
229. Manner
of
delivery
and
transmittal of election returns. a.

For the city and municipal board of

canvassers, the copy of the election
returns of a polling place intended for
the

city

or

municipal

board

of

canvassers, duly placed inside a sealed

envelope signed and affixed with the
imprint of the thumb of the right hand
of all the members of the board of
election inspectors, shall be personally
delivered by the members of the board

of election inspectors to the city or

municipal board of canvassers under
proper receipt to be signed by all the
members thereof.

b.

For the provincial and district boards of

canvassers in Metropolitan Manila, the
copy of the election returns of a polling
place intended for the provincial or
district board of canvassers in the case
of

Metropolitan

Manila,

shall

be

personally delivered by the members

of the board of election inspectors to
the election registrar for transmittal to
the proper board of canvassers under
proper receipt to be signed by all the
members thereof.
The election registrar concerned shall place all
the returns intended for the board of
canvassers inside a ballot box provided with
three padlocks whose keys shall be kept as
follows: one by the election registrar, another
by the representative of the ruling party and
the third by the representative of the dominant
political opposition party.
For this purpose, the two political parties shall
designate their representatives whose names
shall be submitted to the election registrar
concerned on or before the tenth day
preceding the election. The three in possession

of the keys shall personally transmit the ballot

box, properly locked, containing the election
returns to the board of canvassers. Watchers of
political parties, coalition of political parties,
and of organizations collectively authorized by
the Commission to designate watchers shall
have the right to accompany transmittal of the
ballot boxes containing the election returns.
It shall be unlawful for any person to delay,
obstruct, impede or prevent through force,
violence, coercion, intimidation or by any
means which vitiates consent, the transmittal
of the election returns or to take away,
abscond with, destroy, deface or mutilate or
substitute the election returns or the envelope
or the ballot box containing the election
returns or to violate the right of the watchers.
The watchers of the political parties, coalition
of political parties and the candidates shall
have the right to accompany the members of
the board of election inspectors or the election
registrar in making the delivery to the boards
of canvassers.
Sec. 230. Safekeeping of transmitted
election returns. - The board of canvassers
shall keep the ballot boxes containing the
election returns in a safe and secure room
before and after the canvass. The door to the
room must be padlocked by three locks with
the keys thereof kept as follows: one with the
chairman, the other with the representative of
the ruling party, and the other with the
representative of the dominant opposition

political party. The watchers of candidates,

political parties, coalition of political parties
and organization collectively authorized by the
Commission to appoint watchers shall have the
right to guard the room. Violation of this right
shall constitute an election offense.
Sec. 231. Canvass by the board. - The
board of canvassers shall meet not later than
six o'clock in the afternoon of election day at
the place designated by the Commission to
receive
the
election
returns
and
to
immediately canvass those that may have
already been received. It shall meet
continuously from day to day until the canvass
is completed, and may adjourn but only for the
purpose of awaiting the other election returns
from other polling places within its jurisdiction.
Each time the board adjourns, it shall make a
total of all the votes canvassed so far for each
candidate for each office, furnishing the
Commission in Manila by the fastest means of
communication a certified copy thereof, and
making available the data contained therein to
the mass media and other interested parties.
As soon as the other election returns are
delivered, the board shall immediately resume
canvassing until all the returns have been
canvassed.
The respective board of canvassers shall
prepare a certificate of canvass duly signed
and affixed with the imprint of the thumb of
the right hand of each member, supported by
a statement of the votes received by each
candidate in each polling place and, on the

basis thereof, shall proclaim as elected the

candidates who obtained the highest number
of votes cast in the province, city, municipality
or barangay. Failure to comply with this
requirement shall constitute an election
offense.
Subject to reasonable exceptions, the board of
canvassers must complete their canvass within
thirty-six hours in municipalities, forty-eight
hours in cities and seventy-two hours in
provinces. Violation hereof shall be an election
offense punishable under Section 264 hereof.
With respect to the election for President and
Vice-President, the provincial and city boards
of canvassers shall prepare in quintuplicate a
certificate of canvass supported by a
statement of votes received by each candidate
in each polling place and transmit the first
copy thereof to the Speaker of the Batasang
Pambansa. The second copy shall be
transmitted to the Commission, the third copy
shall be kept by the provincial election
supervisor or city election registrar; the fourth
and the fifth copies to each of the two
accredited political parties.
Sec. 232. Persons not allowed inside the
canvassing room. - It shall be unlawful for
any officer or member of the Armed Forces of
the Philippines, including the Philippine
Constabulary, or the Integrated National Police
or any peace officer or any armed or unarmed
persons belonging to an extra-legal police
agency, special forces, reaction forces, strike

forces, home defense forces, barangay selfdefense units, barangay tanod, or of any
member of the security or police organizations
of
government
ministries,
commissions,
councils, bureaus, offices, instrumentalities, or
government-owned or controlled corporations
or their subsidiaries or of any member of a
privately
owned
or
operated
security,
investigative, protective or intelligence agency
performing identical or similar functions to
enter the room where the canvassing of the
election returns are held by the board of
canvassers and within a radius of fifty meters
from such room: Provided, however, That the
board of canvassers by a majority vote, if it
deems necessary, may make a call in writing
for the detail of policemen or any peace
officers for their protection or for the
protection of the election documents and
paraphernalia in the possession of the board,
or for the maintenance of peace and order, in
which case said policemen or peace officers,
who shall be in proper uniform, shall stay
outside the room within a radius of thirty
meters near enough to be easily called by the
board of canvassers at any time.
Sec. 233. When the election returns are
delayed, lost or destroyed. - In case its
copy of the election returns is missing, the
board of canvassers shall, by messenger or
otherwise, obtain such missing election returns
from the board of election inspectors
concerned, or if said returns have been lost or
destroyed, the board of canvassers, upon prior

authority of the Commission, may use any of

the authentic copies of said election returns or
a certified copy of said election returns issued
by the Commission, and forthwith direct its
representative to investigate the case and
immediately report the matter to the
Commission.
The board of canvassers, notwithstanding the
fact that not all the election returns have been
received by it, may terminate the canvass and
proclaim the candidates elected on the basis of
the available election returns if the missing
election returns will not affect the results of
the election.
Sec. 234. Material defects in the election
returns. - If it should clearly appear that some
requisites in form or data had been omitted in
the election returns, the board of canvassers
shall call for all the members of the board of
election inspectors concerned by the most
expeditious means, for the same board to
effect the correction: Provided, That in case of
the omission in the election returns of the
name
of
any
candidate
and/or
his
corresponding votes, the board of canvassers
shall require the board of election inspectors
concerned to complete the necessary data in
the election returns and affix therein their
initials: Provided, further, That if the votes
omitted in the returns cannot be ascertained
by other means except by recounting the
ballots, the Commission, after satisfying itself
that the identity and integrity of the ballot box
have not been violated, shall order the board

of election inspectors to open the ballot box,

and, also after satisfying itself that the
integrity of the ballots therein has been duly
preserved, order the board of election
inspectors to count the votes for the candidate
whose votes have been omitted with notice
thereof to all candidates for the position
involved and thereafter complete the returns.
The right of a candidate to avail of this
provision shall not be lost or affected by the
fact that an election protest is subsequently
filed by any of the candidates.
Sec. 235. When election returns appear
to be tampered with or falsified. - If the
election returns submitted to the board of
canvassers appear to be tampered with,
altered or falsified after they have left the
hands of the board of election inspectors, or
otherwise not authentic, or were prepared by
the board of election inspectors under duress,
force, intimidation, or prepared by persons
other than the member of the board of election
inspectors, the board of canvassers shall use
the other copies of said election returns and, if
necessary, the copy inside the ballot box which
upon previous authority given by the
Commission may be retrieved in accordance
with Section 220 hereof. If the other copies of
the returns are likewise tampered with,
altered, falsified, not authentic, prepared
under duress, force, intimidation, or prepared
by persons other than the members of the
board of election inspectors, the board of
canvassers or any candidate affected shall

bring the matter to the attention of the

Commission. 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.
Sec.
236. Discrepancies
in
election
returns. - In case it appears to the board of
canvassers that there exists discrepancies in
the other authentic copies of the election
returns from a polling place or discrepancies in
the votes of any candidate in words and
figures in the same return, and in either case
the difference affects the results of the
election, the Commission, upon motion of the
board of canvassers or any candidate affected
and after due notice to all candidates
concerned, shall proceed summarily to
determine whether the integrity of the ballot
box had been preserved, and once satisfied
thereof shall order the opening of the ballot
box to recount the votes cast in the polling
place solely for the purpose of determining the
true result of the count of votes of the
candidates concerned.
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 signs of
replacement, tampering or violation of the
integrity of the ballots, the Commission shall
not recount the ballots but shall forthwith seal
the ballot box and order its safekeeping.
Sec.
238. Canvass
of remaining
or
unquestioned returns to continue. - In
cases
under
Sections 233, 234, 235 and 236 hereof,
the
board of canvassers shall continue the canvass
of the remaining or unquestioned election
returns. If, after the canvass of all the said
returns, it should be determined that the
returns which have been set aside will affect
the result of the election, no proclamation shall
be made except upon orders of the
Commission after due notice and hearing. Any
proclamation made in violation hereof shall be
null and void.
Sec.
239. Watchers. Each
candidate,
political party or coalition of political parties
shall be entitled to appoint one watcher in the
board of canvassers. The watcher shall have
the right to be present at, and take note of, all
the proceedings of the board of canvassers, to
read the election returns without touching
them, to file a protest against any irregularity
in the election returns submitted, and to obtain
from the board of canvassers a resolution
thereon.
Sec. 240. Election resulting in tie. Whenever it shall appear from the canvass

that two or more candidates have received an

equal and highest number of votes, or in cases
where two or more candidates are to be
elected for the same position and two or more
candidates received the same number of votes
for the last place in the number to be elected,
the board of canvassers, after recording this
fact in its minutes, shall by resolution, upon
five days notice to all the tied candidates, hold
a special public meeting at which the board of
canvassers shall proceed to the drawing of lots
of the candidates who have tied and shall
proclaim as elected the candidates who may
be favored by luck, and the candidates so
proclaimed shall have the right to assume
office in the same manner as if he had been
elected by plurality of vote. The board of
canvassers shall forthwith make a certificate
stating the name of the candidate who had
been favored by luck and his proclamation on
the basis thereof.
Nothing in this section shall be construed as
depriving a candidate of his right to contest
the election.

Article XX
PRE-PROCLAMATION CONTROVERSIES
Sec. 241. Definition. - A pre-proclamation
controversy refers to any question pertaining
to or affecting the proceedings of the board of
canvassers which may be raised by any
candidate or by any registered political party
or coalition of political parties before the board

or directly with the Commission, or any matter

raised
under
Sections 233, 234, 235 and 236 in relation to
the preparation, transmission, receipt, custody
and appreciation of the election returns.
Sec.
242. Commission's
exclusive
jurisdiction
of
all
pre-proclamation
controversies. - The Commission 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
annual partially or totally any proclamation, if
one has been made, as the evidence shall
warrant in accordance with the succeeding
sections.
Sec. 243. Issues that may be raised in
pre-proclamation
controversy. The
following shall be proper issues that may be
raised in a pre-proclamation controversy:
a.

Illegal composition or proceedings of

the board of canvassers;

b.

The canvassed election returns are

incomplete, contain material defects,
appear

to

be

tampered

with

or

falsified, or contain discrepancies in

the same returns or in other authentic
copies

thereof

as

mentioned

in

Sections 233, 234, 235 and 236 of this

Code;

c.

The election returns were prepared

under duress, threats, coercion, or
intimidation, or they are obviously
manufactured or not authentic; and

d.

When substitute or fraudulent returns

in controverted polling places were
canvassed,

the

results

of

which

materially affected the standing of the

aggrieved candidate or candidates.
Sec.
244. Contested
composition
or
proceedings of the board. - When the
composition or proceedings of the board of
canvassers are contested, the board of
canvassers shall, within twenty-four hours,
make a ruling thereon with notice to the
contestant who, if adversely affected, may
appeal the matter to the Commission within
five days after the ruling with proper notice to
the board of canvassers. After due notice and
hearing, the Commission shall decide the case
within ten days from the filing thereof. During
the pendency of the case, the board of
canvassers shall suspend the canvass until the
Commission orders the continuation or
resumption thereof and citing their reasons or
grounds therefor.
Sec. 245. Contested election returns. Any candidate, political party or coalition of
political parties, contesting the inclusion or

exclusion in the canvass of any election

returns on any of the grounds authorized under
this article or in Sections 234, 235 and 236 of
Article XIX shall submit their verbal objections
to the chairman of the board of canvassers at
the time the questioned returns is presented
for inclusion or exclusion, which objections
shall be noted in the minutes of the
canvassing.
The board of canvassers upon receipt of any
such objections shall automatically defer the
canvass of the contested returns and shall
proceed to canvass the rest of the returns
which are not contested by any party.
Within twenty-four hours from and after the
presentation of a verbal objection, the same
shall be submitted in written form to the board
of canvassers. Thereafter, the board of
canvassers shall take up each contested
return, consider the written objections thereto
and summarily rule thereon. Said ruling shall
be made oral initially and then reduced to
writing by the board within twenty-four hours
from the time the oral ruling is made.
Any party adversely affected by an oral ruling
on its/his objection shall immediately state
orally whether it/he intends to appeal said
ruling. The said intent to appeal shall be stated
in the minutes of the canvassing. If a party
manifests its intent to appeal, the board of
canvassers shall set aside the return and
proceed to rule on the other contested returns.
When all the contested returns have been

ruled upon by it, the board of canvassers shall

suspend the canvass and shall make an
appropriate report to the Commission, copy
furnished the parties.
The board of canvassers shall not proclaim any
candidate as winner unless authorized by the
Commission after the latter has ruled on the
objections brought to it on appeal by the losing
party and any proclamation made in violation
hereof shall be void ab initio, unless the
contested returns will not adversely affect the
results of the election.
Sec. 246. Summary proceedings before
the Commission. - All pre-proclamation
controversies shall be heard summarily by the
Commission after due notice and hearing, and
its decisions shall be executory after the lapse
of five days from receipt by the losing party of
the decision of the Commission, unless
restrained by the Supreme Court.
Sec.
247. Partial
proclamation. Notwithstanding the pendency of any preproclamation controversy, the Commission
may, motu proprio or upon the filing of a
verified petition and after due notice and
hearing, order the proclamation of other
winning candidates whose election will not be
affected by the outcome of the controversy.
Sec. 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
Sec. 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.
Sec. 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.
Sec. 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.
Sec. 252. Election contest for barangay
offices. - A sworn petition contesting the
election of a barangay officer shall be filed
with the proper municipal or metropolitan trial
court by any candidate who has duly filed a

certificate of candidacy and has been voted for

the same office, within ten days after the
proclamation of the results of the election. The
trial court 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.
Sec. 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.
Sec. 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.

c.

the votes received by the protestant in

other polling places, he shall file a

However, with respect to election

contests involving municipal and barangay
offices the following rules of procedure shall
govern:
a.

Should the protestee desire to impugn

counter-protest within the same period

fixed for the answer serving a copy
thereof

upon

the

protestant

by

Notice of the protest contesting the

registered mail or by personal delivery

election of a candidate for a municipal

or through the sheriff;

or barangay office shall be served

upon the candidate by means of a
summons at the postal address stated

d.

The

protestant

shall

answer

the

in his certificate of candidacy except

counter-protest within five days after

when the protestee, without waiting for

notice;

the summons, has made the court

understand that he has been notified
of the protest or has filed his answer
hereto;

e.

Within the period of five days counted

from the filing of the protest any other
candidate for the same office may
intervene

b.

in

the

case

as

other

The protestee shall answer the protest

contestants and ask for affirmative

within five days after receipt of the

relief in his favor by a petition in

summons, or, in case there has been

intervention, which shall be considered

no summons from the date of his

as another contest, except that it shall

appearance and in all cases before the

be

commencement of the hearing of the

proceedings.

protest or contest. The answer shall

protestee shall answer the protest in

deal only with the election in the

intervention

polling places which are covered by

notice;

the allegations of the contest;

substantiated
The
within

within

the

protestant
five

days

same
or
after

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.

Sec. 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.
Sec. 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.
Sec. 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.
Sec.
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.
Sec.
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.
Sec. 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
Sec. 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,
corporation,

association,
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

wager

candidate in a convention or

forfeited

to

the

corporation or association, or
any

superior

or

political party.

organization, or any employer

Any

person,

community

association,
group

who

1.

office

or

public

officer,

or

or

any

head,

superior,

employment,

subordinates or members or

not,

parishioners or employees or

an

agreement

any

house

overseers, farm helpers, tillers,

(a)

of

this

section and decide to commit it.

or

lease

campaign

holders
or

vote

for

or

selection of candidates.

outcome

of,

or

any

house

helper,

tenant,

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.

contingency
e.

connected with an election. Any money

him

overseer, farm helper, tiller, or

against any candidate or any

person who bets or wagers upon the

causing

affiliate, parishioner, employee

or

aspirant for the nomination or

or

any subordinate member or

aid,

Wagering upon result of election. - Any

suspension,

of his job or in his membership,

tenants,
to

be

annoyance in the performance

his

violation

paragraph

helpers,

of

concerning the commission of any

of

ejectment,

any manner influence, directly

indirectly,

punish

separation, excommunication,

intimidates or compels, or in

more persons, whether candidates or

to

transfer,

or land-owner who coerces or

or

to

compensation, or by demotion,

or

Conspiracy to bribe voters. - Two or

threatens

reducing his salary, wage or

organization, or any employer

foregoing considerations.

come

or

administrator of any religious

public or private, for any of the

who

threatens to dismiss, punishes

any

corporation or association, or

any expenditure or promise of

any

Any

officer of any public or private

or

solicits

or landowner who dismisses or

Coercion of subordinates.

receives, directly or indirectly,

c.

head,

administrator of any religious

corporation,

b.

be

similar selection process of a

d.
2.

shall

government.

Threats, intimidation, terrorism, use of

Any public officer or any officer

fraudulent device or other forms of

or thing of value situated anywhere in

of any commercial, industrial,

coercion. - Any person who, directly or

the Philippines put as such bet or

agricultural, economic or social

indirectly,

enterprise or public or private

actually causes, inflicts or produces

or thing of value or deposit of money

2.

threatens,

intimidates

or

any

any head, official or appointing

or hiring in violation of this

damage, loss or disadvantage upon

violence,

officer of a government office,

provision

any person or persons or that of the

agency

or

void.

immediate members of his family, his

whether

national

honor

including

or

injury,

property,

punishment,

or

uses

any

1.

instrumentality,
or

null and

local,

government-owned

fraudulent device or scheme to compel

or controlled corporations, who

or induce the registration or refraining

appoints

from registration of any voter, or the

employee, whether provisional,

increase

participation

in

temporary or casual, or creates

remuneration or privilege to

refraining

desistance

and

any

or

campaign
from

or
any

or

fills

hires

any

any

new

2.

Any government official who

new

promotes,

position,

or

gives

of

any

salary

government

or

official

or

campaign, or the casting of any vote or

except upon prior authority of

employee, including those in

omission to vote, or any promise of

the

government-owned

such registration, campaign, vote, or

Commission shall not grant the

omission therefrom.

authority sought unless, it is

Commission.

The

satisfied that the position to be

and

functioning of the office or

employees. - Any person who, directly

agency concerned, and that

or indirectly, threatens, intimidates,

the position shall not be filled

terrorizes

in a manner that may influence

Coercion

of

or

election

coerces

officials

any

election

official or employee in the performance

the

or

controlled corporations.
h.

Transfer of officers and employees in

the civil service. - Any public official

filled is essential to the proper

f.

shall be

who makes or causes any transfer or

detail

whatever

of

any

officer

or

employee in the civil service including

public
election

election.

school

teachers,

period

except

within
upon

the
prior

approval of the Commission.

of his election functions or duties.

As an exception to the
foregoing
g.

provisions,

a new

employees,

employee may be appointed in

creation of new position, promotion, or

case of urgent need: Provided,

giving salary increases. - During the

however, That notice of the

period of forty-five days before a

appointment shall be given to

regular election and thirty days before

the Commission within three

a special election,

days from the date of the

Appointment

of

new

appointment. Any appointment

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

campaign period, on the day before

k.

to

organized who, directly or indirectly,

in

any

partisan

solicit

votes

or

undertake

any

propaganda on the day of registration

intervenes in any election campaign or

engages

Unlawful electioneering. - It is unlawful

before the board of election inspectors

political

and on the day of election, for or

activity, except to vote or to preserve

against any candidate or any political

public order, if he is a peace officer.

party within the polling place and with

a radius of thirty meters thereof.

j.

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

aspirant

any

for

election

the

or

nomination

any
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 any office, or employment, public or

private,

for

any

considerations.

of

the

foregoing

who utilizes the services of special

policemen, special agents, confidential
agents or persons performing similar
functions;
appointed

persons
as

previously

special

policemen,

special agents, confidential agents or

who continue acting as such, and

l.

Prohibition

against

dismissal

of

employees, laborers, or tenants. - No

employee

or

laborer

shall

be

dismissed, nor a tenant be ejected

those who fail to turn over their

firearms, uniforms, insignias and other
badges of authority to the proper
officer

who

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.

issued
At

the

the
start

same.
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,

confidential

agents

special
or

agents,
persons

performing similar functions in the

employ of their respective political
subdivisions, with such particulars as

or

indirectly, any expenditure or promise

authority who appoints or any person

persons performing similar functions

Undue influence. - It is unlawful for any

person

and on election day, any appointing

m. Appointment

or

use

of

special

policemen, special agents, confidential

agents

or

the

like.

During

the

the Commission may require.

n.

Illegal release of prisoners before and

agencies; (2) any printing press, radio,

to supervise the election is entitled to

after election. - The Director of the

or television station or audio-visual

carry firearms or any other weapon for

Bureau

equipment

the purpose of preserving order and

of

Prisons,

any

provincial

operated

by

the

warden, the keeper of the jail or the

Government or by its divisions, sub-

person or persons required by law to

divisions,

keep prisoners in their custody who

instrumentalities,

illegally orders or allows any prisoner

government-owned

detained in the national penitentiary,

corporations, or by the Armed Forces

place of business. - Any person who,

or the provincial, city or municipal jail

of

any

although possessing a permit to carry

to leave the premises thereof sixty

equipment, vehicle, facility, apparatus,

firearms, carries any firearms outside

days before and thirty days after the

or

his residence or place of business

election. The municipal or city warden,

government

the provincial warden, the keeper of

subdivisions,

the jail or the person or persons

government-owned

controlled

Commission: Provided, That a motor

required by law to keep prisoners in

corporations, or by the Armed Forces

vehicle, water or air craft shall not be

their

three

of the Philippines for any election

considered a residence or place of

conspicuous public places a list of the

campaign or for any partisan political

business

prisoners or detention prisoners under

activity.

custody

shall

post

in

the

agencies

or

or
including

or

Philippines;

paraphernalia

enforcing the law.

controlled

or

owned
by

its

agencies
or

(3)
by

q.

the

political

Carrying firearms outside residence or

during

including

authorized

their care. Detention prisoners must be

election
in

or

period,

writing

extension

unless

by

the

hereof.

This prohibition shall not apply

categorized as such.

to cashiers and disbursing officers

p.

o.

the

Deadly weapons. - Any person who

while in the performance of their

carries any deadly weapon in the

duties or to persons who by nature of

Use of public funds, money deposited

polling place and within a radius of one

their

in trust, equipment, facilities owned or

hundred meters thereof during the

business or occupation habitually carry

controlled by the government for an

days and hours fixed by law for the

large sums of money or valuables.

election campaign. - Any person who

registration of voters in the polling

uses under any guise whatsoever,

place, voting, counting of votes, or

directly or indirectly, (1) public funds

preparation of the election returns.

or money deposited with, or held in

However, in cases of affray, turmoil, or

- Any person who uses during the

trust by, public financing institutions or

disorder, any peace officer or public

campaign period, on the day before

by

officer authorized by the Commission

and on election day, any armored land,

government

offices,

banks,

or

r.

official

duties,

profession,

Use of armored land, water or air craft.

s.

water or air craft, provided with any

uses

or

detailed or outside their homes, in

temporary or permanent equipment or

regalia, or bears arms outside the

case of members of para-military units,

any other device or contraption for the

immediate vicinity of his place of work:

unless:

mounting or installation of cannons,

Provided, That this prohibition shall not

machine guns and other similar high

apply when said member is in pursuit

caliber firearms, including military type

of a person who has committed or is

tanks,

trucks,

committing a crime in the premises he

armored trucks, of any make or model,

is guarding; or when escorting or

whether new, reconditioned, rebuilt or

providing security for the transport of

remodelled: Provided, That banking or

payrolls, deposits, or other valuables;

financial institutions and all business

or when guarding the residence of

firms may use not more than two

private

armored

half

trucks,

vehicles

scout

strictly

for,

his

insignia,

persons

or

decorations

when

1.

the President of the

Philippines shall have
given

previous

authority therefor, and

the

Commission

notified

thereof

in

writing, or

guarding

and

private residences, buildings or offices:

limited to, the purpose of transporting

Provided, further, That in the last case

cash, gold bullion or other valuables in

prior

the

authorizes him to do

connection with their business from

Commission shall be obtained. The

so, which authority it

and to their place of business, upon

Commission

all

shall give only when

previous authority of the Commission.

applications for authority under this

necessary to assist it in

paragraph within fifteen days from the

maintaining

date of the filing of such application.

orderly

written

approval
shall

of

decide

2.

the

Commission

and

elections,

Wearing of uniforms and bearing arms.

- During the campaign period, on the

During the same period, and

after

thirty

and

notice

only
and

ending

any

hearing. All personnel

member

member of the Armed Forces of the

of the Armed Forces

organization of government agencies,

Philippines,

authorized

by

the

commissions,

defense forces, barangay self-defense

President

or

the

or

units and all other para-military units

Commission

controlled corporations, or privately-

that now exist or which may hereafter

arms

owned

security,

be organized who wears his uniform or

uniforms outside their

investigative, protective or intelligence

bears arms outside the camp, garrison

camps and all police

agencies, who wears his uniform or

or barracks to which he is assigned or

and

offices,

or
or

security
councils,

or

police
bureaus,

government-owned
operated

special,

thereafter

honest

day before and on election day, any

of

days

free,

forces,

home

or

to

bear

wear

their

peace

officers

shall bear their true

government-owned

name, rank and serial

corporations and other subsidiaries, or

police force of any municipality within

number,

of

of

the province to act as his bodyguard or

stitched in block letters

privately owned or operated security,

security guard in a number to be

on a white background

investigative, protective or intelligence

determined by the Commission but not

on the left breast of

agencies

to

their uniform, in letters

similar functions.

and

if

any,

numbers

of

least

two

centimeters tall, which

shall
remain

at

all

times

visible

and

uncovered.

the

or

performing

members

identical

Commission

or

finds

it

t.

security

allowing

the

guard

of

the

candidate,

special

in a specific area, it shall confiscate or

military units that now exist or which

order the confiscation of firearms of

may hereafter be organized who acts

any member or members of the Armed

as bodyguard or security guard of any

Forces of the Philippines, police forces,

public official, candidate or any other

home defense forces, barangay self-

person, and any of the latter who

defense units, and all other para-

utilizes the services of the former as

military units that now exist, or which

bodyguard or security guard: Provided,

may hereafter be organized, or any

That, after due notice and hearing,

member or members of the security or

when

police

candidate

the

order

subject to confirmation or revocation.

guard, any member of the Armed

Philippines,

immediate

police force to act as bodyguard or

member of the city or municipal police

the

require

Philippine Constabulary or the local

day before and on election day, any

of

candidate:

assignment of any member of the

During the campaign period, on the

Forces

per

however, That when the

temporary

as bodyguards or security guards. -

self-defense units and all other para-

commissions,

three

or the

action, the Commission may issue a

Policemen and provincial guards acting

forces, home defense forces, barangay

ministries,

exceed

Constabulary

circumstances

orderly, honest and peaceful elections

government

Philippine

Provided,

necessary for the promotion of free,

organization,

the

force, any provincial or sub-provincial

During the election period,

whenever

member

controlled

clearly legible design

at

any

or

life

and

security

is

in

jeopardy,

of

a
the

councils,

Commission is empowered to assign at

bureaus, offices, instrumentalities, or

the candidate's choice, any member of

u.

Organization

or

maintenance

of

reaction forces, strike forces, or other

similar

forces.

organizes

or

Any

person

maintains

who

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

Commission may require.

as

the

v.

Prohibition

against

release,

corporations

and

their

additional
shall

maintenance

including barangay officials and those

or

preparatory to actual

no

employed

funds. - Any public official or employee

government-owned

and other procedures

That

laborers

disbursement or expenditure of public

of

time: Provided, further,

controlled

subsidiaries,

be

construction

for

the

work

a special election, releases, disburses

materials

incidental expenses for

Work

undertaken

office

negotiated

works, except the following:

awarded,

before

forty-five

day

Maintenance

of

existing

and/or

completed

public

works
Provided,

That

number of laborers or
employees

already

employed

therein

of the forty-five day

period before election
day shall be permitted
to work during such

such

the

central

and

field

beginning

the

of

such

period: Provided, That

period

the

number of

such

laborers shall not be

the

increased

purpose

of

this

the

so-called

"takay"

or

"paquiao"

system

shall not be

over

the

number hired when the

undertaken

contract;

project

or

projects

were commenced; and

4.

Emergency

work

necessitated

immediately

prior to the beginning

laborers
for

considered as work by

during the six-month

period

watchmen

Provided, That work for

under

more than the average

in

all

storehouses before the

election:

section

not

by

contract

before

project:

by

bidding

or

of
other

work

held,

and

employed

contract through public

Any and all kinds of public

1.

and

of forty-five days;

and
2.

of

equipment,
wages

or expends any public funds for:

1.

purchase

within the said period

who, during forty-five days before a

regular election and thirty days before

including

by

the

occurrence of a public
3.

Payment for the usual

calamity,

cost of preparation for

work shall be limited to

working

the restoration of the

drawings,

specifications, bills of
materials,

estimates,

but

damaged facility.

such

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.

Development

and

of the government performing

similar

to

may

authorize

b.

Prohibition

against

construction

of

over to, and administered and

public works, delivery of materials for

disbursed by, the Philippine

public works and issuance of treasury

National Red Cross, subject to

warrants and similar devices. - During

the

the

the period of forty-five days preceding

Commission on Audit or its

a regular election and thirty days

representatives,

before a special election, any person

supervision

of
and

no

candidate or his or her spouse

who:

or member of his family within

the

second

civil

degree

of

1.

undertakes

the

affinity or consanguinity shall

construction

participate,

public

directly

or

of

works,

any

except

indirectly, in the distribution of

for projects or works

any relief or other goods to the

exempted

victims

preceding

of

the

calamity

or

in

the

paragraph;

or

disaster; and

any

other office in other ministries

functions

after due notice and hearing.

other ministries shall be turned

The Ministry of Social Services

and

Commission

usually coursed through the

said ministries and offices of

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.

occur, all releases normally or

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

3.

The

Ministry

of

Human

2.

issues, uses or avails

other

of treasury warrants or

office in any other ministry of

any device undertaking

the

future

Settlements

and

government

functions

similar

any

performing
to

said

delivery

money, goods or other

ministry, except for salaries of

things

personnel and for such other

chargeable

necessary

public funds.

other

administrative

expenses

as

or
the

of

of

value
against

c.

Suspension of elective provincial, city,

statement relative to any of

all the qualifications prescribed

municipal or barangay officer. - The

the

by law for a voter; or who

provisions

required in the application for

disapproves

registration.

which on its face shows that

of

law

to

the

contrary

notwithstanding during the election

period,

any

public

official

data

or

information

who

the

suspends, without prior approval of the

Commission, any elective provincial,
city, municipal or barangay officer,

3.

or

imprinting

and Corrupt Practices Act" in relation

to the suspension and removal of
elective officials; in which case the

causes

of

blurred

or

On Registration of Voters:

or

on

the

who

deliberately

of

qualifications and none of the

registration

disqualifications

voter,

person who tampers with the

fails without justifiable excuse

fingerprints in said registration

to register as a voter in an

records.

which

he

the

forms,

or

6.

Any person who registers in

substitution

for

another

whether with or without the

latter's knowledge or consent.

any

7.

Any person who tampers with

or changes without authority

is

any data or entry in any voter's

4.

Any member of the board of

election

inspectors

approves

any

who

application

knowingly

makes any false or untruthful

the applicant does not possess

who

an

his previous registration.

aforementioned

which on its face shows that

person

filing

or

qualified to vote.

Any

without

registers

or

Any person who, having all the

in

application for cancellation of

registration

voter,

being

for

or indistinct fingerprints on any

referendum

who,

anew

allows the imprinting of blurred

plebiscite

person

the copies of the application

voters

election,

Any

registered

through negligence, causes or

2.

5.

indistinct fingerprints on any of

in charge of the registration of

inapplicable.

all

the

voter's affidavit; or any person

provisions of this section shall be

of

possesses

Any person who deliberately

imprints

purposes of applying the "Anti-Graft

1.

applicant

application

such qualifications.

unless said suspension will be for

d.

any

application for registration.

8.

Any

person

hinders

or

who

delays,

has not been approved; or

of another, in order to induce

obstruct

another

removes from, or otherwise

the latter to withhold his vote,

takes out of the book of voters

or to vote for or against any

or the provincial or national

candidate in an election or any

central

issue

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.

files

voters

any

voter's
upon

of

registered

duly

approved

application,
lawful

order

except
of

the

in

referendum.

plebiscite
It

shall

or
be

presumed prima facie that the

asking,

demanding,

Commission, or of a competent

accepting,

court

with such intent if done within

or

after

cancellation

as

proper

provided

in

or

taking,

possessing

is

the period beginning ten days

Sections 122, 123, 124 and 12

before election day and ending

5 hereof.

ten days after election day,

unless the voter's affidavit of

10. Any

person

who

uses

the

voter's affidavit of another for

the purpose of voting, whether
or not he actually succeeds in
voting.

another and the latter are both

12. Any person who transfers or
causes

transfer

of

the

registration record of a voter to

the book of voters of another
polling

otherwise

includes,

approved

application

registration

in

who

delivers,

hands over, entrusts, gives,

transfer was due to a change

directly or indirectly his voter's

of address of the voter and the

affidavit

as

voter was duly notified of his

consideration

for

new polling place.

other

to

benefit

another
of
or

money

in
or

promises

of

thereof, or takes or accepts

such voter's affidavit directly

central

registered
application

book

unless

person

voters or in the provincial or

national

the

place,

14. Any

said

11. Any person who places, inserts

or

the

members of the same family.

files

voters,
of

any

of
the

fictitious

voter or any application that

13. Any

person

demands,
possesses,

who

takes,

asks,

accepts

directly

or
or

indirectly, the voter's affidavit

or

indirectly,

by

giving

or

causing the giving of money or

other benefit or making or

causing

the

making

of

promise thereof.

e.

On voting:
1.

Any person who fails to cast

his

vote

without

justifiable

5.

excuse.

of any means of scheme to

discover the contents of the

15. Any person who alters in any

manner,
removes

tears,
or

ballot

defaces,

destroys

any

Any person who avails himself

2.

certified list of voters.

once

in

the

voter

who

is

preparing or casting his vote or

Any person who votes more

than

of

who has just voted.

same

election, or who, not being a

registered voter, votes in an
election.

16. Any person who takes, carries

or

possesses

unused

any

blank

registration

the one given by the board of

form

outside of

3.

said

Any

person

who

substitution

for

votes

otherwise

latter's

Code

or

when

directed

this
by

knowledge

official ballot.

and/or

consent.

express order of the court or of

7.

the Commission.

Any person who places under

arrest

4.

Any person who, not being

illiterate or physically disabled,

17. Any person who maliciously

allows his ballot to be prepared

omits, tampers or transfers to

by another, or any person who

another list the name of a

prepares the ballot of another

registered

who

voter

his possession more than one

another

whether with or without the

in

election inspectors or has in

in

city or municipality except as

provided

Any voter who, in the course of

voting, uses a ballot other than

or

already issued to a city or

municipality

6.

from

the

is

not

illiterate

disabled,

official list of voters posted

physically

outside the polling place.

without the latter's knowledge

and/or consent.

with

or
or

or

without

detains
lawful

cause,

voter
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.

10. Any member of a board of

legally deposited, any election

election inspectors who has

form or document or ballot box

Any member of the board of

made possible the casting of

which contains official ballots

election

more votes

or other documents used in the

inspectors

charged

with the duty of reading the

than

there are

registered voters.

election.

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.

11. Any

person

purpose

who,

of

for

disrupting

obstructing

the

the
or

13. Any

person

custody

of

having
the

ballot

legal
box

election

containing the official ballots

process or causing confusion

used in the election who opens

among the voters, propagates

or

false and alarming reports or

removes

information

or

contents without or against the

orders,

order of the Commission or

or

transmits

destroys

said

or

box

destroys

or
its

circulates

false

Any member of the board of

directives

or

messages

who, through his negligence,

election

regarding any matter relating

enables any person to commit

with the duty of tallying the

inspectors

to

any

votes in the tally board or

ballots, the postponement of

acts, or takes away said ballot

sheet, election returns or other

the election, the transfer of

box from his custody.

prescribed

polling place or the general

form

charged

who

deliberately fails to record a

vote

therein

or

the

printing

of

official

the chairman.

aforementioned

14. Any member of the board of

erroneously the votes as read,

such vote has been read by

the

conduct of the election.

records

or records a vote where no

of

election

inspectors

who

12. Any person who, without legal

knowingly uses ballots other

authority, destroys, substitutes

than the official ballots, except

or

in those cases where the use

takes

possession

away
of

from

those

the

having

legal custody thereof, or from

the

place

where

they

are

of

emergency

authorized.

ballots

is

distributed
15. Any public official who neglects

the

authorized by the Commission

election, whether or not they

for

use

in

or who distributes, delivers, or

are actually used.

in any manner disposes of or

or fails to properly preserve or

causes

account for any ballot box,

delivered, or disposed of, any

documents and forms received

by him and kept under his
custody.

19. Any

person

authority,

who,

keeps,

without
uses

or

carries out or causes to be

kept, used or carried out, any
official

16. Any person who reveals the

ballot

returns

or

contents of the ballot of an

thereof,

illiterate

electro-type

or

disabled

voter

or

election

printed

type-form
any

proof
mould,

printing

plates

other

plate,

whom he assisted in preparing

and

a ballot.

numbering machines and other

printing

paraphernalia

to

be

official

ballot

returns

to

distributed,
or

any

election

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.

being

used in connection with the

17. Any

person

authority,

who,

without

transfers

the

printing of official ballots or

election returns.

act, means or device, violates

the integrity of any official

location of a polling place.

ballot
20. Any official or employee of any

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

21. Any person who, through any

be

printing establishment or of
the

Commission

or

or

election

returns

before or after they are used in

the election.

any

member of the committee in

charge of the printing of official

22. Any

person

who

removes,

ballots or election returns who

tears, defaces or destroys any

causes

certified

official

ballots

or

list

of

candidates

election returns to be printed

posted inside the voting booths

in quantities exceeding those

during the hours of voting.

23. Any

person

causes

who

the

holds

holding

of

stops

absents

3.

proclamation of any candidate

2.

the

political

without

sign and certify any election

parties,

form required by this Code or

prescribed by the Commission

board.

although

Any chairman of the board of

he

was

present

during the meeting of the said

canvassers who fails to give

body.
4.

Any member of the board of

and place of the meeting of

canvassers

said board to the candidates,

authority of the Commission,

political

uses in the canvass of votes

ineligible for appointment as

and/or

member

parties

and/or

members of the board.

2.

who,

justifiable reason, refuses to

and/or other members of the

On Canvassing:

Any member of any board of

canvassers

meeting of the board to the

candidates,

due notice of the date, time

or

election inspectors or board of

the date, time and place of the

voting record.

1.

obstructing

the canvass of votes and/or

24. Any person who deliberately

f.

of

duties or functions.

canvassers who proceeds with

any

in

the

delaying the performance of its

Any member of the board of

without giving due notice of

fingerprint

from

purpose

in the absence of quorum, or

his

deliberately

an

election being legally held.

blurs

who

himself

meetings of said body for the

that fixed by law or by the

or

canvassers

Commission.
or

election on any other day than

Commission,

suspended or annulled by the

Any member of the board of

canvassers who proceeds with
the

canvass

and/or

of

the

proclamation

candidate

which

votes
of

any
was

who,

proclamation

without

of

any

3.

Any

person
of

who,
any

being

board

of

candidate any document other

election inspectors or board of

than the official copy of the

canvassers,

election returns.

appointment

accepts
to

said

an
body,

assumes office, and actually

bb.
Common to all boards of election
inspectors and boards of canvassers:
1.

Any member of any board of

election inspectors or board of

serves as a member thereof, or

any of public officer or any
person acting in his behalf who

appoints such ineligible person

1.

knowing him to be ineligible.

4.

Any

person

who,

in

the

Any political party which holds

or any person who, by means

political

conventions

or

of fraud, threat, intimidation,

meetings

to

its

terrorism or coercion, causes

official candidates earlier that

or compels the commission of

the period fixed in this Code.

said act.

nominate

presence or within the hearing

of

any

board

inspectors

of

or

election

board

of

2.

Any

person

who

meetings, conducts himself in

certificate of candidacy duly

interferes

with

such a disorderly manner as to

filed and which has not been

television

broadcast

interrupt or disrupt the work or

cancelled upon order of the

lawful political program.

proceedings

Commission.

preventing

said

end

body

of

any

or means, jams, obstructs or

a

radio
of

or
any

from

performing its functions, either

partly or totally.

5.

Any person who, by any device

destroys

the

cancels

5.

canvassers during any of its

to

or

abstracts,

6.

Any person who solicits votes

Any person who misleads the

or undertakes any propaganda,

board of election inspectors by

on the day of election, for or

submitting

any

or

against any candidate or any

Any public official or person

spurious

certificate

of

political

acting

candidacy or document to the

polling place or within a radius

prejudice of a candidate.

of thirty meters thereof.

in

his

3.

behalf

who

relieves any member of any

false

party

within

the

board of election inspectors or

dd.

board of canvassers or who

changes or causes the change
of

the

member

cc.

assignments
of

said

of

board

4.

Any

person

any

authorized

of

certificates

who,
to
of

being

Other prohibitions:
1.

Any

person

who

sells,

receive

furnishes, offers, buys, serves

candidacy,

or takes intoxicating liquor on

election inspectors or board of

receives

of

the days fixed by law for the

canvassers without authority of

candidacy outside the period

registration of voters in the

the Commission.

for filing the same and makes

polling place, or on the day

it appear that said certificate

before

of candidacy was filed on time;

election day: Provided, That

On candidacy and campaign:

any

certificate

the

election

or

on

hotels

and

other

establishments duly certified

any political party, coalition or

any other similar sports.

aggroupment of parties or any

by the Ministry of Tourism as

candidate in the sale of air

tourist oriented and habitually

time. In addition to the penalty

in the business of catering to

Refusal to carry election mail

prescribed herein, such refusal

matter.

or

shall constitute a ground for

employee of a public utility or

cancellation or revocation of

reasons upon prior authority of

transportation

the franchise.

the

foreign

tourists

exempted

for

may

4.

be

justifiable

Commission:

Any

operator

company

Provided,

operating under a certificate of

further, That foreign tourists

public convenience, including

taking

in

government-owned

or

controlled postal service or its

establishments are exempted

employees or deputized agents

from

who refuse to carry official

said

intoxicating
authorized
the

liquor
hotels

provisions

of

this

subparagraph.

2.

boxing, horse races, jai-alai or

or

election mail matters free of

charge

during

period.

In

the

addition

election
to

the

Any person who opens in any

penalty prescribed herein, such

polling place or within a radius

refusal

shall

of thirty meters thereof on

ground

for

election day and during the

revocation

counting of votes, booths or

public

stalls of any kind for the sale,

franchise.

constitute

cancellation

or

certificate

of

of

convenience

or

dispensing or display of wares,

merchandise or refreshments,
whether solid or liquid, or for
any other purposes.

5.

Prohibition

against

discrimination in the sale of air

time.

Any

person

who

operates a radio or television

3.

Any

person

who

holds

on

election day, fairs, cockfights,

station who without justifiable

cause

discriminates

against

Sec.
262. Other
election
offenses. Violation of the provisions, or pertinent
portions, of the following sections of this Code
shall
constitute
election
offenses:
Sections9, 18, 74, 75, 76, 80, 81, 82, 83, 84, 8
5, 86, 87, 88, 89, 95, 96, 97, 98, 99, 100, 101,
102, 103, 104, 105, 106, 107, 108, 109, 110, 1
11, 112, 122, 123, 127, 128,129, 132, 134, 13
5, 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, 2
07,208, 209, 210, 211, 212, 213, 214, 215, 21
6, 217, 218, 219, 220, 223, 229, 230, 231, 233
, 234, 235, 236, 239 and 240.
Sec. 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.

Sec. 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.
Sec. 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.
Sec. 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
theConstitution 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.
Sec. 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.
Sec. 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.
Sec.
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.

Article XXIII
LEGAL FEES

Sec. 270. Collection of legal fees. - The

Commission is hereby authorized to collect
fees as follows:

For furnishing certified transcript of records or

copies of any record, decision or ruling or entry of
which any person is entitled to demand and

receive a copy, for every page

For every certificate or writ or process
For each certificate not on process
In appropriate cases, for filing a second and
succeeding motions for reconsideration
For every search of any record of more than one
year's standing and reading the same

Sec. 271. Payment of Fees. - The fees

mentioned in the preceding section shall be
paid to the cashier of the Commission who
shall in all cases issue a receipt for the same
and shall enter the amount received upon his
book specifying the date when received, the
fee, and the person from whom received. The
cashier shall immediately report such payment
to the Commission.

Article XXIV
TRANSITORY PROVISIONS

Sec. 272. Pending actions. - Pending actions

and causes of action arising before the
effectivity of this Code shall be governed by
the laws then in force.
Sec. 273. Designation of certain preelection acts immediately after the
approval of this Code. - If it should no longer
be reasonably possible to observe the periods
and dates herein prescribed for certain preelection acts in the election immediately
following the approval of this Code, the
Commission shall fix other periods in order to
ensure that voters shall not be deprived of
their right of suffrage.
Sec.
274. Accreditation
of
dominant
opposition party. - For purposes of the next
local elections in 1986 and the next
presidential elections in 1987 or earlier, the
dominant opposition party shall be that
political party, group or organization or
coalition of major national or regional political
parties opposed to the majority party which
has the capability to wage a bona fide
nationwide campaign as shown by the extent
of its organization and the number of Members
of Parliament affiliated with it: Provided,
however, That with specific reference to the
next local elections in constituencies which are
represented in the Batasang Pambansa by
Members who do not belong either to the
majority party or to the political party or
coalition of political parties described above,

the representatives of the opposition in the

board of election inspectors, board of
canvassers or other similar bodies shall be
proposed exclusively by the party to which
said Member of the Batasang Pambansa
belong: Provided, however, That it is registered
before the next local elections.
Any political party, group or organization or
coalition
of
political
parties
seeking
accreditation under this section shall file a
verified petition with the Commission on
Elections stating therein such information as
may be necessary to enable the Commission
to
determine
the
qualifications
for
accreditation in accordance with the standard
herein provided.
The Commission on Elections shall accredit the
dominant opposition party not later than thirty
days before the campaign period in every
election.
The Commission on Elections shall accredit the
dominant opposition party not later than thirty
days before the campaign period in every
election.
In case a presidential election is held before
the next local elections or before the
presidential election in 1987, the provisions of
the Constitution shall be enforced in
determining which shall be the dominant

opposition party for purposes of the next local

elections.

per diem of twenty-five pesos during election

day.

Sec. 275. Party representatives in the

board of election inspectors. - Until such
time as the two accredited political parties are
determined in accordance with the provisions
of the Constitution, the two members shall
each be proposed by the ruling party and the
dominant opposition party as may be
determined by the Commission pursuant to the
provisions of this Code.

Supervisors,
principals
and
other
administrators of the Ministry of Education,
Culture and Sports who may be asked by the
Commission,
and
actually
report,
for
supervisory assignment during registration and
election day shall be entitled to a per diem of
fifty pesos.

Sec. 276. Appropriations, and insurance

for board of election inspectors. - The cost
of holding the next local elections provided in
this Code shall be funded out of the current
appropriations of the Commission on Elections
provided for this purpose. In case of deficiency,
additional funding may be provided out of the
special activities fund intended for special
priority activities authorized in the General
Appropriations Act.
The chairman and the poll clerk of the board of
election inspectors shall receive per diem at
the rate of one hundred pesos on election day
and fifty pesos on each of the registration and
revision days. The inspectors of the political
parties shall be granted a per diem of fifty
pesos on election day and twenty-five pesos
on each of the registration and revision days.
Education support personnel of the Ministry of
Education, Culture and Sports shall receive a

The provincial, city and municipal treasurers

shall receive per diem at the rate of one
hundred pesos on election day.
Payments of per diems under this section shall
be made within seventy-two hours after the
election or registration day.
The
chairman,
poll
clerk
and
party
representatives in the board of election
inspectors
shall
be
insured
with
the
government Service Insurance System at fifty
thousand pesos each under terms and
conditions that shall be agreed upon by the
Chairman of the Commission, the Ministries of
the Budget, and the Minister of Education,
Culture and Sports.
Sec. 277. Special election for President
before 1987. - In case a vacancy in the Office
of the President occurs before the presidential
election in 1987, the Speaker of the Batasang
Pambansa shall act as President until a

President and a Vice-President or either of

them shall have been elected and shall have
qualified. Their term of office shall commence
at noon of the tenth day following their
proclamation, and shall end at noon on the
thirtieth day of June of the sixth year
thereafter.
The Acting President may not declare martial
law or suspend the privilege of the writ of
habeas corpus without the prior consent of at
least a majority of all the Members of the
Batasang Pambansa, or issue any decree,
order or letter of instructions while the
lawmaking power of the President is in force.
He shall be deemed automatically on leave
and the Speaker Pro-Tempore shall act as
Speaker. While acting as President, the
Speaker may not be removed. He shall not be
eligible for election in the immediately
succeeding election for President and VicePresident.
The Batasang Pambansa shall, at ten o'clock in
the morning of the third day after the vacancy
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 a 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
19, Article VIII of the Constitution and shall

become law upon its approval on third reading

by the Batasang Pambansa. Appropriations for
the special election shall be charged against
any current appropriations and shall be
exempt from the requirements of paragraph
(4), Section 16 of Article VIII of the
Constitution. As provided in the third
paragraph, Section 9 of Article VII thereof, the
convening of the Batasang Pambansa cannot
be suspended nor the special election
postponed. No special election shall be called if
the vacancy occurs within seventy days before
the date of the presidential election of 1987.
Appointments
extended
by
the
Acting
President shall remain effective, unless
revoked by the newly elected President within
ninety days from his assumption of office.
Sec. 278. Special election to fill existing
vacancies in the Batasang Pambansa. The election of Members to fill existing
vacancies in the Batasang Pambansa shall be
held simultaneously with the next local
election in 1986 or in the next special national
election for President and Vice-President if one
is held earlier.
Sec. 279. Elective officials in existing subprovinces. - The election of elective public
officials in existing sub-provinces shall likewise
be held simultaneously with the next local
elections of 1986 and 1990 in accordance with
their respective charters, subject to the same

term, qualifications, manner of election and

resolution of election controversies as are
herein provided for comparable provincial
elective officials.

Article XXV
FINAL PROVISIONS

Sec.
280. Reorganization
of
the
Commission on Elections. - In order to
promote maximum efficiency in carrying out its
constitutional duty to insure free, orderly and
honest elections and in discharging its judicial
powers and functions under the Constitution,
the Commission is hereby authorized to
reorganize its office within twelve months after
the first election to be held under this Code. It
may create, merge, or abolish departments,
offices, divisions or units, redistribute functions
and reassign personnel, change designations
of existing positions subject to pertinent
existing laws and regulations. It may
recommend the levels and rates of salaries of
its subordinate officials and employees subject
to the laws and regulations on civil service and
compensation, position classification and
standardization of salaries: Provided, That no
permanent official or employee already in the
service of the Commission, upon approval of

this Code, shall be laid off, or demoted in rank

or salary.
Sec. 281. Separability clause. - If for any
reason any section or provision of this Code, or
any portion thereof, or the application of such
section, provision or portion to any person,
group or circumstance is declared invalid or
unconstitutional, the remainder of this Code or
the application of such section, provision or

portion thereof to other persons, groups or

circumstances shall not be affected by such
declaration.
Sec. 282. Repealing clause. - Presidential
Decree No. 1296, otherwise known as The
1978 Election Code, as amended, is hereby
repealed. All other election laws, decrees,
executive orders, rules and regulations, or
parts thereof, inconsistent with the provisions

of this Code are hereby repealed, except

Presidential Decree No. 1618 and Batas
Pambansa Blg. 20 governing the election of the
members of the Sangguniang Pampook of
Regions IX and XII.
Sec. 283. Effectivity. - This Code shall take
effect upon its approval.