BATAS PAMBANSA BLG. 881 OMNIBUS ELECTION CODE OF THE PHILIPPINES
ARTICLE I GENERAL PROVISIONS Section 1.
Title. Title. - This Act shall be known and cited as the "Omnibus Election Code of the Philippines."
Section 2. Applicability. Applicability.
- This - This Code shall govern all election of public officers and to the e!tent appropriate all referenda and plebiscites.
Election and campaign periods. - nless - nless otherwise fi!ed in special cases b# the Commission on Elections which hereinafter shall be referred to as the Commission the election period shall commence ninet# da#s before the da# of the election and shall end thirt# da#s thereafter. Section 3.
The period of campaign shall be as follows$ %. Presidential and &ice-Presidential Election - '( da#s) *. Election of +embers of the ,atasang Pambansa and ocal Election - / da#s) and 0. ,aranga# Election - %/ da#s. The campaign periods shall not include the da# before and the da# of the election. 1owever 1owever in case of special elections under Article &222 3ection / 3ubsection 4*5 of the Constitution the campaign period shall be fort#-five da#s. Obligation to register and vote. - 2t - 2t shall be the obligation of ever# citi6en 7ualified to vote to register and cast his vote. Section 4
Postponement of election. - 8hen - 8hen for an# serious cause such as violence terrorism loss or destruction of election paraphernalia or records force ma9eure and other analogous causes of such a nature that the holding of a free orderl# and honest election should become impossible in an# political subdivision the Commission motu proprio or upon a verified petition b# an# interested part# and after due notice and hearing whereb# all interested parties are afforded e7ual opportunit# to be heard shall postpone the election therein to a date which should be reasonabl# close to the date of the election not held suspended or which resulted in a failure to elect but not later than thirt# da#s after the cessation of the cause for such postponement or suspension of the election or failure to elect. Section
Failure of election. - 2f - 2f on account of force ma9eure violence terrorism fraud or other analogous causes the election in an# polling place has not been held on the date fi!ed or had been suspended before the hour fi!ed b# 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 custod# or canvass thereof such election results in a failure to elect and in an# 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 b# an# interested part# 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 reasonabl# close to the date of the election not held suspended or which resulted in a failure to elect but not later than thirt# da#s after the cessation of the cause of such postponement or suspension of the election or failure to elect. Section !
Section "
Call of special election. -
4%5 2n case a vacanc# arises in the ,atasang Pambansa eighteen months or more before a regular election the Commission shall call a special election to be held within si!t# da#s after the vacanc# occurs to elect the +ember to serve the une!pired term. 4*5 2n case of the dissolution of the ,atasang Pambansa the President shall call an election which shall not be held earlier than fort#-five nor later than si!t# da#s 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 p referabl# where public meetings are held in e ach cit# or municipalit# affected.
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BATAS PAMBANSA BLG. 881 Election Code to be available in polling places. - A - A printed cop# of this Code in English or in the national language shall be provided and be made available b# the Commission in ever# polling place in order that it ma# be readil# consulted b# an# person in need thereof on the registration revision revision and election da#s.
Section #
Official mail and telegram relative to elections. - Papers - Papers connected with the election and re7uired b# this Code to be sent b# public officers in the performance of their election duties shall be free of postage and sent b# registered special deliver# mail. Telegrams Telegrams of the same nature shall likewise be transmitted free of charge b# government telecommunications telecommunications and similar facilities.
Section $
2t shall be the dut# of the Postmaster :eneral the ;irector of the ,ureau of Telecommunications Telecommunications and the managers of private telecommunication companies to transmit immediatel# and in preference to all other communications or telegrams messages reporting election results and such other messages or communications which the Commission ma# re7uire or ma# be necessar# to ensure free honest and orderl# elections. Election expenses. - E!cept - E!cept in baranga# elections such e!penses as ma# be necessar# and reasonable in connection with the elections referenda plebiscites and other similar e!ercises shall be paid b# the Commission. The Commission ma# direct that in the provinces cities or municipalities municipalities the election e!penses chargeable to the Commission be advanced b# the province cit# or municipalit# concerned sub9ect to reimbursement b# the Commission upon presentation of the proper bill.
Section 1%
Section 11
Disualifications. Disualifications. - An# person who has been declared b# competent authorit# insane or incompetent or has been sentenced b# final 9udgment for subversion insurrection rebellion or for an# offense for which he has been sentenced to a penalt# of more than eighteen months or for a crime involving moral turpitude shall be dis7ualified to be a candidate and to hold an# office unless he has been given plenar# pardon or granted amnest#. Section 12
This dis7ualifications to be a candidate herein provided shall be deemed removed upon the declaration b# competent authorit# that said insanit# or incompetence had been removed or after the e!piration of a period of five #ears from his service of sentence unless within the same period he again becomes dis7ualified. ARTICLE II ELECTION OF PRESIDENT AND VICE&PRESIDENT
!egular election for President and "ice-President. "ice-President. - The - The regular election for President and &icePresident of the Philippines shall be held on the first +onda# of +a# =ineteen hundred eight# seven 4%'>?5 and on the same da# ever# si! #ears thereafter. The President-elect and the &ice-President-elect &ice-President-elect shall assume office at twelve o@clock noon on the thirtieth da# of une ne!t following the election and shall end at noon of the same date si! #ears thereafter when the term of his successor shall begin. Section 13.
#pecial election for President and "ice-President. "ice-President. - 2n - 2n case a vacanc# occurs for the Office of the President and &ice-President the ,atasang Pambansa shall at ten o@clock in the morning of the third da# after the vacanc# occurs convene in accordance with its rules without need of a call and within seven da#s enact a law calling for a special election to elect a President and a &ice-President &ice-President to be held not earlier than fort#-five da#s nor later than si!t# da#s from the time of such call. The bill calling such special election shall be deemed certified under paragraph 4*5 3ection %' Article &222 of the Constitution and shall become law upon its approval on third reading b# the ,atasang Pambansa. Appropriations Appropriations for the special election shall b e charged against an# current appropriations and shall be e!empt from the re7uirements of paragraph 45 3ection %B of Article Article &222 of the Constitution. The convening of the ,atasang Pambansa cannot be suspended nor the special e lection postponed. =o special election shall be called if the vacanc# occurs within sevent# da#s before the date of the presidential election of %'>?. Section 14
Canvass of votes for President and "ice-President "ice-President by t$e provincial or city board of canvassers. - The provincial cit# or district boards of canvassers in +etropolitan +anila as the case ma# be shall meet not later than si! o@clock in the evening on election da# to canvass the election returns that ma# have alread# been received b# them respectivel#. 2t shall meet continuousl# from da# to da# until the canvass is completed but ma# ad9ourn onl# for the purpose of awaiting the other election returns. Each time the board ad9ourns it shall make a total of all the votes cast for each candidate for President and f or &ice-President &ice-President dul# authenticated b# the signatures and thumbmarks of all the members of the provincial cit# or district board of canvassers Section 1
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BATAS PAMBANSA BLG. 881 Election Code to be available in polling places. - A - A printed cop# of this Code in English or in the national language shall be provided and be made available b# the Commission in ever# polling place in order that it ma# be readil# consulted b# an# person in need thereof on the registration revision revision and election da#s.
Section #
Official mail and telegram relative to elections. - Papers - Papers connected with the election and re7uired b# this Code to be sent b# public officers in the performance of their election duties shall be free of postage and sent b# registered special deliver# mail. Telegrams Telegrams of the same nature shall likewise be transmitted free of charge b# government telecommunications telecommunications and similar facilities.
Section $
2t shall be the dut# of the Postmaster :eneral the ;irector of the ,ureau of Telecommunications Telecommunications and the managers of private telecommunication companies to transmit immediatel# and in preference to all other communications or telegrams messages reporting election results and such other messages or communications which the Commission ma# re7uire or ma# be necessar# to ensure free honest and orderl# elections. Election expenses. - E!cept - E!cept in baranga# elections such e!penses as ma# be necessar# and reasonable in connection with the elections referenda plebiscites and other similar e!ercises shall be paid b# the Commission. The Commission ma# direct that in the provinces cities or municipalities municipalities the election e!penses chargeable to the Commission be advanced b# the province cit# or municipalit# concerned sub9ect to reimbursement b# the Commission upon presentation of the proper bill.
Section 1%
Section 11
Disualifications. Disualifications. - An# person who has been declared b# competent authorit# insane or incompetent or has been sentenced b# final 9udgment for subversion insurrection rebellion or for an# offense for which he has been sentenced to a penalt# of more than eighteen months or for a crime involving moral turpitude shall be dis7ualified to be a candidate and to hold an# office unless he has been given plenar# pardon or granted amnest#. Section 12
This dis7ualifications to be a candidate herein provided shall be deemed removed upon the declaration b# competent authorit# that said insanit# or incompetence had been removed or after the e!piration of a period of five #ears from his service of sentence unless within the same period he again becomes dis7ualified. ARTICLE II ELECTION OF PRESIDENT AND VICE&PRESIDENT
!egular election for President and "ice-President. "ice-President. - The - The regular election for President and &icePresident of the Philippines shall be held on the first +onda# of +a# =ineteen hundred eight# seven 4%'>?5 and on the same da# ever# si! #ears thereafter. The President-elect and the &ice-President-elect &ice-President-elect shall assume office at twelve o@clock noon on the thirtieth da# of une ne!t following the election and shall end at noon of the same date si! #ears thereafter when the term of his successor shall begin. Section 13.
#pecial election for President and "ice-President. "ice-President. - 2n - 2n case a vacanc# occurs for the Office of the President and &ice-President the ,atasang Pambansa shall at ten o@clock in the morning of the third da# after the vacanc# occurs convene in accordance with its rules without need of a call and within seven da#s enact a law calling for a special election to elect a President and a &ice-President &ice-President to be held not earlier than fort#-five da#s nor later than si!t# da#s from the time of such call. The bill calling such special election shall be deemed certified under paragraph 4*5 3ection %' Article &222 of the Constitution and shall become law upon its approval on third reading b# the ,atasang Pambansa. Appropriations Appropriations for the special election shall b e charged against an# current appropriations and shall be e!empt from the re7uirements of paragraph 45 3ection %B of Article Article &222 of the Constitution. The convening of the ,atasang Pambansa cannot be suspended nor the special e lection postponed. =o special election shall be called if the vacanc# occurs within sevent# da#s before the date of the presidential election of %'>?. Section 14
Canvass of votes for President and "ice-President "ice-President by t$e provincial or city board of canvassers. - The provincial cit# or district boards of canvassers in +etropolitan +anila as the case ma# be shall meet not later than si! o@clock in the evening on election da# to canvass the election returns that ma# have alread# been received b# them respectivel#. 2t shall meet continuousl# from da# to da# until the canvass is completed but ma# ad9ourn onl# for the purpose of awaiting the other election returns. Each time the board ad9ourns it shall make a total of all the votes cast for each candidate for President and f or &ice-President &ice-President dul# authenticated b# the signatures and thumbmarks of all the members of the provincial cit# or district board of canvassers Section 1
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BATAS PAMBANSA BLG. 881 furnishing the Commission in +anila b# the f astest means of communication a cop# thereof and making available the data contained therein to mass media and other interested parties. pon the completion of the canvass the board shall prepare a certificate of canvass showing the votes received b# each candidate for the office of the President and for &ice-President dul# authenticated b# the signatures and thumbmarks of all the members of the provincial cit# or district board of canvassers. pon the completion of the certificate of canvass the board shall certif# and transmit the said certificate of canvass to the 3peaker of the ,atasang Pambansa. The provincial cit# and district boards of canvassers shall prepare the certificate of canvass for the election of President and &ice-President supported supported b# a statement of votes b# polling place in 7uintuplicate b# the use of carbon papers or such other means as the Commission shall prescribe to the end that all five copies shall be legibl# 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. pon the completion of these certificates and statements the# shall be enclosed in envelopes e nvelopes furnished b# the Commission and sealed and immediatel# distributed as follows$ the original cop# shall be enclosed and sealed in the envelope directed to the 3peaker and delivered to him at the ,atasang Pambansa b# the fastest possible means) the second cop# shall likewise be enclosed and sealed in the envelope directed to the Commission) the third cop# shall be retained b# the provincial election supervisor in the case of the provincial board of canvassers and b# the cit# election registrar in the case of the cit# board of canvassers) and one cop# each to the authori6ed representatives of the ruling part# and the dominant opposition political part#.
Section 1!
Correction of errors in certificate and supporting statement already transmitted to t$e #pea&er. - =o - =o correction of errors allegedl# committed in the certificate of canvass and supporting statement alread# transmitted to the 3peaker of the ,atasang Pambansa shall be allowed sub9ect to the provisions of the succeeding section. Section 1"
Preservation of ballot boxes' t$eir &eys' and disposition of t$eir contents. - ntil - ntil after the completion b# the ,atasang Pambansa of the canvassing of the votes and until an uncontested proclamation of the President-elect and &ice-President-elect &ice-President-elect shall have been obtained the provincial cit# or district board of canvassers under the 9oint responsibilit# with the provincial cit# or municipal treasurers shall provide for the safekeeping and storage of the ballot bo!es in a safe and closed chamber secured b # four padlocks$ one to be provided b# the corresponding board chairman) one b# the provincial or cit# treasurer concerned) and one each b# the ruling part# and the accredited dominant opposition political part#.
Section 1#
($en certificate of canvass is incomplete or bears erasures or alterations. - 8hen - 8hen the certificate of canvass dul# certified b# the board of canvassers of each province cit# or district in +etropolitan +anila and transmitted to the 3peaker of the ,atasang Pambansa as provided in the Constitution appears to be incomplete the 3peaker shall re7uire the board of canvassers concerned to transmit to his office b# personal deliver# deliver# the election returns from polling places that were not included in the certificate of canvass and supporting statements. 3aid election returns shall be submitted b# personal deliver# to the 3peaker within two da#s from receipt of notice. 8 hen it appears that an# certificate of canvass or supporting statement of votes b# polling place bears erasures or alterations which ma# cast doubt as to the veracit# of the number of votes stated therein and ma# affect the result of the election the ,atasang Pambansa upon re7uest of the Presidential or &ice-Presidential &ice-Presidential candidate concerned or his part# shall for the sole purpose of verif#ing the actual number of votes cast for President or &ice-President count the votes as the# appear in the copies of the election returns for the Commission.
Proclamation of t$e President-elect and "ice-President-elect. - pon - pon the completion of the canvass of the votes b# the ,atasang Pambansa the persons obtaining the highest number of votes for President and for &ice-President &ice-President shall be declared elected) but in case two or more shall have an e7ual and the highest number of votes one of them shall be chosen President or &ice-President as the case ma# be b# a ma9orit# vote of all the +embers of the ,atasang Pambansa in se ssion assembled. Section 2%
2n case there are certificates of canvass which have not been submitted to the 3peaker of the ,atasang Pambansa on account of missing e lection returns a proclamation ma# be made if the missing certificates will not affect the results of the election. 2n 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 3peaker shall immediatel# 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 destro#ed upon prior authorit# from the Commission to use an# authentic cop# of said
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BATAS PAMBANSA BLG. 881 election returns for the purpose of conducting the canvass and thereafter issue the certificates of canvass. The certificates of canvass shall be immediatel# transmitted to the 3peaker of the ,atasang Pambansa. Proclamation shall be made onl# upon submission of all certificates of canvass or when the missing certificates of canvass will not affect the results of the election. ARTICLE III ELECTION OF MEMBERS OF THE BATASANG PAMBANSA
!egular election of )embers of t$e %atasang Pambansa. - The regular election of the +embers of the ,atasang Pambansa shall be held on the second +onda# of +a# =ineteen hundred and ninet# 4%''(5 and on the same da# ever# si! #ears thereafter. Section 21.
#pecial election for )embers of t$e %atasang Pambansa. - 2n case a vacanc# arises in the ,atasang Pambansa eighteen months or more before a regular election the Commission shall call a special election to be held within si!t# da#s after the vacanc# occurs to elect the +ember to serve the une!pired term. Section 22
The ,atasang Pambansa through a dul# approved resolution or an official communication of the 3peaker when it is not in session shall certif# to the Commission the e!istence of said vacanc#. Composition of t$e %atasang Pambansa. - The ,atasang Pambansa shall be composed of not more than two hundred +embers elected from the different provinces of the Philippines with their component cities highl# urbani6ed cities and districts of +etropolitan +anila those elected or selected from various sectors as provided herein and those chosen b# the President from the members of the Cabinet. Section 23.
Section 24. Apportionment
of representatives. - ntil a new apportionment shall have been made the +embers of the ,atasang Pambansa shall be apportioned in accordance with the Ordinance appended to the Constitution as follows$ =ational Capital egion$ +anila B) Due6on Cit# ) Caloocan *) Pasa# %) Pasig and +arikina *) as Pias and Paraa7ue %) +akati %) +alabon =avotas and &alen6uela *) 3an uan and +andalu#ong %) Taguig Pateros and +untinglupa %. egion 2$ Abra %) ,enguet %) 2locos =orte with aoag Cit# *) 2locos 3ur *) a nion *) +ountain Province %) Pangasinan with the cities of ;agupan and 3an Carlos B) ,aguio Cit# %. egion 22$ ,atanes %) Caga#an 0) 2fugao %) 2sabela 0) Falinga-Apa#ao %) =ueva &i6ca#a %) Duirino %. egion 222$ ,ataan %) ,ulacan )
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BATAS PAMBANSA BLG. 881 =ueva Eci9a with the cities of Cabanatuan Pala#an and 3an ose ) Pampanga with Angeles Cit# ) Tarlac *) Gambales %) Olongapo Cit# %. egion 2&$ Aurora %) ,atangas with the cities of ,atangas and ipa ) Cavite with the cities of Cavite Taga#ta# and Trece +artires 0) aguna with 3an Pablo Cit# ) +arindu7ue %) Occidental +indoro %) Oriental +indoro *) Palawan with Puerto Princesa Cit# %) Due6on with ucena Cit# ) i6al *) omblon %. egion &$ Alba# with egaspi Cit# 0) Camarines =orte %) Camarines 3ur with the cities of 2riga and =aga ) Catanduanes %) +asbate *) 3orsogon *. egion &2$ Aklan %) Anti7ue %) Capi6 with o!as Cit#) 2loilo with 2loilo Cit# /) =egros Occidental with the cities of ,acolod ,ago Cadi6 a Carlota 3an Carlos and 3ila# ?. egion &22$ ,ohol with Tagbilaran Cit# 0) Cebu with the cities of ;anao apu-apu +andaue and Toledo B) =egros Oriental with the cities of ,ais Canlaon and ;umaguete 0) 3i7ui9or %) Cebu Cit# *. egion &222$ e#te with the cities of Ormoc and Tacloban /) 3outhern e#te %) Eastern 3amar %) =orthern 3amar %) 3amar with Calba#og Cit# *. egion 2H$ ,asilan %) 3ulu %) Tawi-Tawi %) Gamboanga del =orte with the cities of ;apitan and ;ipolog *) Gamboanga del 3ur with Pagadian Cit# 0) Gamboanga Cit# %. egion H$ Agusan del =orte with ,utuan Cit# %) Agusan del 3ur %) ,ukidnon *)
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BATAS PAMBANSA BLG. 881 Camiguin %) +isamis Occidental with the cities of Oro7uieta O6amis and Tangub %) +isamis Oriental with :ingoog Cit# *) 3urigao del =orte with 3urigao Cit# %) Caga#an de Oro Cit# %. egion H2$ 3urigao del 3ur %) ;avao del =orte 0) ;avao Oriental %) ;avao del 3ur *) 3outh Cotabato with :eneral 3antos Cit# 0) ;avao Cit# *. egion H22$ anao del =orte %) anao del 3ur with +arawi Cit# *) +aguindanao with Cotabato Cit# *) =orth Cotabato *) 3ultan Fudarat %) 2ligan Cit# %. An# province that ma# hereafter be created or an# component cit# that ma# hereafter be declared b# or pursuant to law as a highl# urbani6ed cit# shall be entitled in the immediatel# following election to at least one +ember or such number of +embers as it ma# be entitled to on the ba sis of the number of the inhabitants and on the same uniform and progressive ratio used in the last preceding apportionment. The number of +embers apportioned to the province out of which the new province was created or where the new highl# urbani6ed cit# is geographicall# located shall be correspondingl# ad9usted b# the Commission but such ad9ustment shall not be made within one hundred twent# da#s before the election. "oting by province and its component cities' by $ig$ly urbani*ed city or by district in )etropolitan )anila. - All candidates shall be voted at large b# the registered voters of their respective constituencies. The candidates corresponding to the number of +ember or +embers to be elected in a constituenc# who receive the highest number of votes shall be declared elected. Section 2.
#ectoral representatives. - There shall be three sectors to be represented in the ,atasang Pambansa namel#$ 4%5 #outh) 4*5 agricultural labor) 405 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 u6on one from &isa#as and one from +indanao$ Provided That the #outh sector shall be entitled to two additional sectoral representatives who shall be elected from an# p art of the countr#. Section 2!.
#cope of t$e sectors. - The agricultural labor sector covers all persons who personall# and ph#sicall# till the land as their p rincipal occupation. 2t includes agricultural tenants and lessees rural workers and farm emplo#ees owner-cultivators settlers and small fishermen. Section 2".
The industrial labor sector includes all non-agricultural workers and emplo#ees. The #outh sector embraces persons not more than twent#-five #ears of age. #election of sectoral representatives. - =ot later than twent# da#s after the election of provincial cit# or district representatives the most representative and generall# recogni6ed organi6ations or aggroupments of members of the agricultural labor industrial labor and #outh sectors as attested to b# the +inisters of Agrarian eform and of Agriculture and
2n recogni6ing the most representative and generall# recogni6ed organi6ations or aggroupments the +inisters of Agrarian eform and of Agriculture and
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BATAS PAMBANSA BLG. 881 4c5 The militanc# and consistenc# of the organi6ation or aggroupment in espousing the cause and promoting the welfare of the sector consistent with that of the whole countr#) 4d5 The observance b# such organi6ation or aggroupment of the rule of law) and 4e5 Other analogous factors. The President of the Philippines shall in writing notif# the 3ecretar#-:eneral of the ,atasang Pambansa of the appointment made b# him of an# sectoral representative. E!cept as herein otherwise provided sectoral representatives shall have the same functions responsibilities rights privileges 7ualifications and dis7ualifications as the representatives from the provinces and their component cities highl# urbani6ed cities or districts of +etropolitan +anila. ARTICLE IV ELECTION OF LOCAL OFFICIALS
!egular elections of local officials. - The election of provincial cit# and municipal officials whose positions are provided for b# the ocal :overnment Code shall be held throughout the Philippines in the manner herein prescribed on the first +onda# of +a# =ineteen hundred and eight#-si! and on the same da# ever# si! #ears thereafter. Section 2$.
The officials elected shall assume office on the thirtieth da# of une ne!t following the election and shall hold office for si! #ears and until their successors shall have been elected and 7ualified. All local incumbent officials whose tenure of office shall e!pire on +arch *0 %'>B shall hold office until une 0( %'>B or until their successors shall have been elected and 7ualified$ Provided That the# cannot be suspended or removed without 9ust cause. Component and $ig$ly urbani*ed cities. - nless 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. Section 3%.
The electorate of highl# urbani6ed cities shall not vote in the election for provincial officials of the province in which it is located$ Provided however That no component cit# shall be declared or be entitled to a highl# urbani6ed cit# status within ninet# da#s prior to an# election.
ARTICLE V ELECTION OF MEMBERS OF THE REGIONAL ASSEMBL' OF THE AUTONOMOUS REGIONS.
T$e #angguniang Pampoo& of t$e autonomous regions. - egion 2H and egion H22 in southern Philippines shall each have a 3angguniang Pampook to be composed of twent#-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 #outh agricultural workers and non-agricultural workers 4industrial labor5 of each region to be selected in the manner herein provided whose 7ualifications and dis7ualifications are the same as +embers of the ,atasang Pambansa. Section 31.
The President shall appoint an additional seven representatives in each region whenever in his 9udgment an# other sector is not properl# represented in the 3angguniang Pampook as a result of the elections. Section 32. Apportionment
of members of t$e #angguniang Pampoo&. - The +embers of the 3angguniang Pampook of egion 2H and of egion H22 shall be apportioned as follows$ egion 2H$ ,asilan one 4%5) 3ulu three 405) Tawi-Tawi one 4%5) Gamboanga del =orte including the cities of ;ipolog and ;apitan four 45) and Gamboanga del 3ur including the Cit# of Pagadian si! 4B5) and Gamboanga Cit# two 4*5) egion H22$
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BATAS PAMBANSA BLG. 881 anao del =orte two 4*5) 2ligan Cit# one 4%5) anao del 3ur including the Cit# of +arawi four 45) +aguindanao including the Cit# of Cotabato four 45) =orth Cotabato four 45) and 3ultan Fudarat two 4*5. Election of members of #angguniang Pampoo&. - The candidates for the position of seventeen representatives to the 3angguniang Pampook of egion 2H and of egion H22 shall be voted at large b# the registered voters of each province including the cities concerned. Section 33.
The candidates corresponding to the number of member or members to be elected in a constituenc# who receive the highest number of votes shall be declared elected. #election of sectoral representatives. - The President shall within thirt# da#s from the convening of each 3angguniang Pampook appoint the sectoral representatives on recommendation of the 3angguniang Pampook and after due consultation with the representative and generall# recogni6ed organi6ations or aggrupations of members of the #outh agricultural workers and non-agricultural workers as attested b# the +inisters of ocal :overnment and of Education Culture and 3ports 4#outh5 +inisters of Agrarian eform and of Agriculture and
The President of the Philippines shall in writing notif# the 3peaker of the 3angguniang Pampook of e ach region of the appointment made b# him of an# sectoral representative. The sectoral representatives shall have the same functions responsibilities rights privileges 7ualifications and dis7ualifications as the elective provincial representatives to the 3angguniang Pampook$ Provided however That no defeated candidate for member of the 3angguniang Pampook in the immediatel# preceding election shall be appointed as sectoral representative. Filling of vacancy. - Pending an election to fill a vacanc# arising from an# cause in the 3angguniang Pampook the vacanc# shall be filled b# the President upon recommendation of the 3angguniang Pampook$ Provided That the appointee shall come from the same province or sector of the member being replaced. Section 3.
Term of office. - The present members of the 3angguniang Pampook of each of egion 2H and egion H22 shall continue in office until une 0( %'>B or until their successors shall have been elected and 7ualified or appointed and 7ualified in the case of sectoral members. The# ma# not be removed or replaced e!cept in accordance with the internal rules of said assembl# or p rovisions of pertinent laws. Section 3!.
The election of members of the 3angguniang Pampook of the two regions shall be held simultaneousl# with the local elections of %'>B. Those elected in said elections shall have a term of four #ears starting une 0( %'>B. Those elected in the election of %''( to be held simultaneousl# with the elections of +embers of the ,atasang Pambansa shall have a term of si! #ears. ARTICLE VI ELECTION OF BARANGA' OFFICIALS
!egular election of barangay officials. - The election for baranga# officials shall be held throughout the Philippines in the manner prescribed on the second +onda# of +a# =ineteen hundred and eight#-eight and on the same da# ever# si! #ears thereafter. Section 3".
The officials elected shall assume office on the thirtieth da# of une ne!t following the election and shall hold office for si! #ears and until their successors shall have been elected and 7ualified. Conduct of elections. - The baranga# election shall be non-partisan and shall be conducted in an e!peditious and ine!pensive manner. Section 3#.
=o person who files a certificate of candidac# shall represent or allow himself to be represented as a candidate of an# political part# or a n# other organi6ation) and no p olitical part# political group political committee civic religious professional or other organi6ation or organi6ed group of whatever nature shall intervene in his nomination or in the filing of his certificate of candidac# or give aid or support directl# or indirectl# material or otherwise favorable to or against his campaign f or election$ Provided That this provision shall not appl# to the members of the famil# of a candidate within the fourth civil degree of consanguinit# or affinit# nor to the personal campaign staff of the candidate which shall not be more than one for ever# one hundred registered voters in his baranga#$ Provided however That without pre9udice to an# liabilit# that ma# be incurred no permit to hold a public meeting shall be denied on the ground that the provisions of this paragraph ma# or will be violated.
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BATAS PAMBANSA BLG. 881 =othing in this section however shall be construed as in a n# manner affecting or constituting an impairment of the freedom of individuals to support or oppose an# candidate for an# baranga# office. Certificate of Candidacy. - =o person shall be elected punong baranga# or kagawad ng sangguniang baranga# unless he files a sworn certificate of candidac# in triplicate on an# da# from the commencement of the election period but not later than the da# before the beginning of the campaign period in a form to be prescribed b# the Commission. The candidate shall state the baranga# office for which he is a candidate. Section 3$.
The certificate of candidac# shall be filed with the secretar# of the sangguniang b aranga# who shall have the ministerial dut# to receive said certificate of candidac# and to immediatel# acknowledge receipt thereof. 2n case the secretar# refuses to receive the same or in the case of his absence or non-availabilit# a candidate ma# file his certificate with the election registrar of the cit# or municipalit# concerned. The secretar# of the sangguniang b aranga# or the election registrar as the case ma# be shall prepare a consolidated list all the candidates and shall post said list in the baranga# hall and in other conspicuous places in the baranga# at least ten da#s before the election. An# elective or appointive municipal cit# provincial or national official or emplo#ee or those in the civil or militar# service including those in government-owned or controlled corporations shall be considered automaticall# resigned upon the filing of certificate of candidac# for a baranga# office. Section 4%.
%oard of Election Tellers. -
4%5 The Commission shall constitute not later than ten d a#s before the election a board of election tellers in ever# baranga# polling place to be composed of a public elementar# school teacher as chairman and two members who are registered voters of the polling place concerned but who are not incumbent baranga# officials nor related to an# candidate for an# position in that baranga# within the fourth civil degree of affinit# or consanguinit#. 2n case no public elementar# school teachers are available the Commission shall designate an# registered voter in the polling place who is not an incumbent baranga# official nor related to an# candidate for an# position in that baranga# within the fourth civil degree of affinit# or consanguinit#. 4*5 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 b# the Commission. The original of this report shall be delivered immediatel# to the baranga# board of canvassers. The second cop# shall be delivered to the election registrar and the third cop# shall be delivered to the secretar# of the sangguniang baranga# who shall keep the same on file. !egistration of voters and list of voters. - =ot later than seven da#s before the election the board of election tellers shall meet in ever# baranga# polling place to conduct the registration of baranga# voters and to prepare the list of voters. An# voter ma# challenge the 7ualification of an# person seeking to register and said challenge shall be heard and decided on the same da# b# the board of election tellers. Section 41.
The final list of voters shall be posted in the polling places at least two da#s before election da#. The registration of an# voter shall not be transferred without written notice at least two da#s before the date of election. =ot later than the da# following the baranga# election the board of election tellers shall deliver the list of voters to the election registrar for custod# and safekeeping. Polling places. - 4%5 The chairman of the board of election tellers shall designate the public school or an# other public building within the baranga# to be used as polling place in case the baranga# has one election precinct. 4*5
2n case there is no public school or other public building that can be used as polling places other appropriate private buildings ma# be designated$ Provided That such buildings are n ot owned or occupied or possessed b# an# incumbent elective public official or candidate or his relative within the fourth civil degree of consanguinit# or affinit#. The polling place shall be centrall# located as possible alwa#s taking into consideration the convenience and safet# of the voters. Official barangay ballots. - The official baranga# ballots shall be provided b# the cit# or municipalit# concerned of a si6e and color to be prescribed b# the Commission. Section 43.
3uch official ballots shall before the# are handed to the voter at the polling place be authenticated in the presence of the voter b# the authori6ed representatives of the candidates and the chairman and members of
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BATAS PAMBANSA BLG. 881 the board of election tellers who shall affi! their signatures at the back thereof. An# ballot which is not authenticated shall be deemed spurious. %allot boxes. - The Commission shall provide the ballot bo !es for each baranga# polling place but each candidate ma# be permitted to provide a padlock for said ballot bo!. Section 44.
Postponement or failure of election. - 8hen for an# serious cause such as violence terrorism loss or destruction of election paraphernalia or records force ma9eure and other analogous causes of such nature that the holding of a free orderl# and honest election should become impossible in an# baranga# the Commission upon a verified petition of an interested part# and after due notice and hearing at which the interested parties are given e7ual opportunit# to be heard shall postpone the election therein for such time as it ma# deem necessar#. Section 4.
2f on account of force ma9eure violence terrorism fraud or other analogous causes the election in an# baranga# has not been held on the date herein fi!ed or has been suspended before the hour fi!ed b# 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 part# and after due notice and h earing at which the interested parties are given e7ual opportunit# to be heard shall call for the holding or continuation of the election within thirt# da#s after it shall have verified and found that the cause or causes for which the election has been postponed or suspended have ceased to e!ist or upon petition of at least thirt# percent of the registered voters in the baranga# concerned. 8hen the conditions in these areas warrant upon verification b# the Commission or upon petition of at least thirt# percent of the registered voters in the baranga# concerned it shall order the holding of the baranga# election which was postponed or suspended. Section 4!.
%arangay board of canvassers. -
4%5 The Commission shall constitute a board of canvassers at least seven da#s before the election in each baranga# to be composed of the sen ior public elementar# school teacher in the baranga# as chairman and two other public elementar# school teachers as members. 2n case the number of public elementar# school teachers is inade7uate the Commission shall designate the chairman and members of the baranga# board of canvassers from among the board of e lection tellers. 4*5 The baranga# board of canvassers shall meet immediatel# in a building where a polling place is found and which is most centrall# located in the baranga# and after canvassing the results from the various polling places within the baranga# proclaim the winners. The board of canvassers shall accomplish the certificate of proclamation in triplicate on a form to be prescribed b# the Commission. The original of the certificate shall be sent to the election registrar concerned the second cop# shall be delivered to the secretar# of the sangguniang ba#an or sangguniang panglunsod as the case ma# be and the third cop# shall be kept on file b# the secretar# of the sangguniang baranga#. 405 2n a baranga# where there is onl# one polling place the baranga# board of election tellers shall also be the baranga# board of canvassers. Section 4". Activities
during t$e campaign period. - ;uring the campaign period the punong baranga# if he is not a candidate or an# resident of the baranga# designated b# the Commission shall convene the baranga# assembl# at least once for the purpose of allowing the candidates to appear at a 9oint meeting dul# called upon proper and with at least two da#s notice to e!plain to the baranga# voters their respective program of administration their 7ualifications and other information that ma# help enlighten voters in casting their votes. The members of the baranga# assembl# ma# take up and discuss other matters relative to the election of baranga# officials. (atc$ers. - Candidates ma# appoint two watchers each to serve alternatel# in ever# polling place within the baranga# who shall be furnished with a signed cop# of the results of the election in such form as the Commission ma# prescribe immediatel# after the completion of the canvass. Section 4#.
+nclusion and exclusion cases. - 2nclusion and e!clusion cases which shall be decided not later than seven before the date of the election shall be within the e!clusive original 9urisdiction of the municipal or metropolitan trial court. The notice of such decision shall be served to all parties within twent#-four hours following its promulgation and an# part# adversel# affected ma# appeal therefrom within twent#-four hours to the regional trial court which shall finall# decide the same not later than two da#s before the date of the election. Section 4$.
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BATAS PAMBANSA BLG. 881 Funding. - ocal governments shall appropriate such funds to defra# such necessar# and reasonable e!penses of the members of the board of election tellers board of canvassers and the printing of election forms and procurement of other election paraphernalia and the installation of polling booths. Section %.
Penalties. - &iolations of an# provisions of this Article shall constitute prohibited acts and shall be prosecuted and penali6ed in accordance with the provisions of this Code. Section 1.
ARTICLE VII THE COMMISSION ON ELECTIONS
Po,ers and functions of t$e Commission on Elections. - 2n addition to the powers and functions conferred upon it b# the Constitution the Commission shall have e!clusive charge of the enforcement and administration of all laws relative to the conduct of elections for the purpose of ensuring free orderl# and honest elections and shall$ Section 2.
4a5 E!ercise direct and immediate supervision and control over national and local officials or emplo#ees including members of an# national or local law enforcement agenc# and instrumentalit# of the government re7uired b# law to perform duties relative to the conduct of elections. 2n addition it ma# authori6e C+T cadets eighteen #ears of age and above to act as its deputies for the purpose of enforcing its orders. The Commission ma# relieve an# officer or emplo#ee referred to in the preceding paragraph from the performance of his duties relating to electoral processes who violates the election law or fails to compl# with its instructions orders decisions or rulings and appoint his substitute. pon recommendation of the Commission the corresponding proper authorit# shall suspend or remove from office an# or all of such officers or emplo#ees who ma# after due process be found guilt# of such violation or failure. 4b5 ;uring the period of the campaign and ending thirt# da#s thereafter when in an# area of the countr# there are persons committing acts of terrorism to influence people to vote for or against an# candidate or political part# the Commission shall have the power to authori6e an# member or members of the Armed
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BATAS PAMBANSA BLG. 881 4f5 Enforce and e!ecute its decisions directives orders and instructions which shall have precedence over those emanating from an# other authorit# e!cept the 3upreme Court and those issued in habeas corpus proceedings. 4g5 Prescribe the forms to be used in the election plebiscite or referendum. 4h5 Procure an# supplies e7uipment materials or services needed for the holding of the election b# public bidding$ Provided That if it finds the re7uirements of public bidding impractical to observe then b# negotiations or sealed bids and in both cases the accredited parties shall be dul# notified. 4i5 Prescribe the use or adoption of the latest technological and electronic devices taking into account the situation prevailing in the area and the funds available for the purpose$ Provided That the Commission shall notif# the authori6ed representatives of accredited political parties and candidates in areas affected b# the use or adoption of technological and electronic devices not less than thirt# da#s prior to the effectivit# of the use of such devices. 495 Carr# out a continuing and s#stematic campaign through newspapers of general circulation radios and other media forms to educate the public and full# inform the electorate about election laws procedures decisions and other matters relative to the work and duties of the Commission and the necessit# of clean free orderl# and honest electoral processes. 4k5 Enlist non-partisan group or organi6ations of citi6ens from the civic #outh professional educational business or labor sectors known for their probit# impartialit# and integrit# with the membership and capabilit# to undertake a coordinated operation and activit# to assist it in the implementation of the provisions of this Code and the resolutions orders and instructions of the Commission for the purpose of ensuring free orderl# and honest elections in an# constituenc#. 3uch groups or organi6ations shall function under the direct and immediate control and supervision of the Commission and shall perform the following specific functions and duties$ A. ,efore Election ;a#$ %. ndertake an information campaign on salient features of this Code and help in the dissemination of the orders decisions and resolutions of the Commission relative to the forthcoming election. *. 8age a registration drive in their respective areas so that all citi6ens of voting age not otherwise dis7ualified b# law ma# be registered. 0. 1elp cleanse the list of voters of illegal registrants conduct house-to-house canvass if necessar# and take the appropriate legal steps towards this end. . eport to the Commission violations of the provisions of this Code on the conduct of the political campaign election propaganda and electoral e!penditures. ,. On Election ;a#$ %. E!hort all registered voters in their respective areas to go to their polling places and cast their votes. *. =ominate one watcher for accreditation in each polling place and each place of canvass who shall have the same duties functions and rights as the other watchers of political parties and candidates. +embers or units of a n# citi6en group or organi6ation so designated b# the Commission e!cept its lone dul# accredited watcher shall not be allowed to enter an# polling place e!cept to vote and shall if the# so desire sta# in an area at least fift# meters awa# from the polling place. 0. eport to the peace authorities and other appropriate agencies all instances of terrorism intimidation of voters and other similar attempts to frustrate the free and orderl# casting of votes. . Perform such other functions as ma# be entrusted to such group or organi6ation b# the Commission. The designation of an# group or organi6ation made in accordance herewith ma# be revoked b# the Commission upon notice and hearing whenever b# its actuations such group or organi6ation has shown
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BATAS PAMBANSA BLG. 881 partialit# to an# political part# or candidate or has performed acts in e!cess or in contravention of the functions and duties herein provided and such others which ma# be granted b# the Commission. 4l5 Conduct hearings on controversies pending before it in the cities or provinces upon proper motion of an# part# taking into consideration the materialit# and number of witnesses to be presented the situation prevailing in the area and the fund available for the purpose. 4m5
Field offices of t$e Commission. - The Commission shall have the following field offices$
4%5 egional Election Office headed b# the egional Election ;irector and assisted b# the Assistant egional ;irector and such other subordinate officers or emplo#ees as the Commission ma# appoint. 4*5 Provincial Election Office headed b# the Provincial Election 3upervisor and assisted b# such other subordinate officers or emplo#ees as the Commission ma# appoint. 405 Cit#I+unicipal Election Office headed b# the Cit#I+unicipal egistrar who shall be assisted b# an election clerk and such other emplo#ees as the Commission ma# appoint. The Commission ma# delegate its powers and functions or order the implementation or enforcement of its orders rulings or decisions through the heads of its field offices. ualifications. - Onl# members of the Philippines ,ar 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 ,ar available for appointment as election registrar e!cept in cities and capital towns graduates of dul# recogni6ed schools of law liberal arts education or business administration who possess the appropriate civil service eligibilit# ma# be appointed to said position. Section 4.
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 ma# be upon prior authorit# of the Commission and notice to the local government concerned ma# lease another place f or office and the rentals thereof shall be chargeable to the funds of the local government concerned. Section .
C$anges in t$e composition' distribution or assignment of field offices. - The Commission ma# make changes in the composition distribution and assignment of field offices as well as its personnel whenever the e!igencies of the service and the interest of free orderl# and honest election so re7uire$ Provided That such changes shall be effective and enforceable onl# for the duration of the election period concerned and shall not a ffect the tenure of office of the incumbents of positions affected and shall not constitute a demotion either in rank o r salar# nor result in change of status$ and Provided further That there shall be no changes in the composition distribution or assignment within thirt# da#s before election e!cept 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 cit# or municipal election registrar to a cit# or municipalit# where he andIor his spouse are related to an# candidate within the fourth civil degree of consanguinit# or affinit# as the case ma# be. Section !.
)easures to ensure enforcement. -
%. To issue search warrants after e!amination under oath or affirmation of the complainant and the witnesses *. To stop an# illegal election activit# or confiscate tear down and stop an# unlawful libelous misleading or false election propaganda after due notice and hearing. 0. To in7uire into the financial records of candidates and an# organi6ation or group of persons motu proprio or upon written representation for probable cause b# an# candidate or group of persons or 7ualified voter after due notice and hearing.
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BATAS PAMBANSA BLG. 881
=o chairman or commissioner shall sit in an# case in which he has manifested bias or pre9udice for or against or antagonism against an# part# thereto and in connection therewith or in an# case in which he would be dis7ualified under the ules of Court. 2f it be claimed that the chairman o r a commissioner is dis7ualified as above provided the part# ob9ecting to his competenc# ma# file his o b9ection 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 7uestion of his dis7ualification. The decision shall forthwith be made in writing and filed with the other papers of the case in accordance with the ules of Court. 2f a dis7ualification should result in a lack of 7uorum in the Commission sitting en banc the Presiding ustice of the 2ntermediate Appellate Court shall designate a 9ustice of said court to sit in said case for the purpose of hearing and reaching a decision thereon. Publication of official ballots and election returns and printing t$ereof. - The Commission shall publish at least ten da#s 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 b# each. Section $.
ARTICLE VIII POLITICAL PARTIES
Political party. - "Political part#" or "part#" when used in this Act means an organi6ed group of persons pursuing the same ideolog# political ideas or platforms of government and includes its branches and divisions. To ac7uire 9uridical personalit# 7ualit# it for subse7uent accreditation and to entitle it to the rights and privileges herein granted to political parties a political part# shall first be dul# registered with the Commission. An# registered political part# that singl# or in coalition with others fails to obtain at least ten percent of the votes cast in the constituenc# in which it nominated and supported a candidate or candidates in the election ne!t following its registration shall after notice and hearing be deemed to have forfeited such status as a registered political part# in such constituenc#. Section !%.
!egistration. - An# organi6ed group of persons seeking registration as a national or regional political part# ma# file with the Commission a verified petition attaching thereto its constitution and b#-laws platform or program of government and such other relevant information as ma# be re7uired b# the Commission. The Commission shall after due notice and hearing resolve the petition within ten da#s from the date it is submitted for decision. Section !1.
=o religious sect shall be registered as a political part# and no political part# which seeks to achieve its goal through violence shall be entitled to a ccreditation. Publication of petition for registration or accreditation. - The Commission shall re7uire publication of the petition for registration or accreditation in at least three newspapers of general circulation and shall after due notice and hearing resolve the petition within fifteen da#s from the date it is submitted for decision. Section !2.
ARTICLE I( ELIGIBILIT' OF CANDIDATES AND CERTIFICATE OF CANDIDAC'
ualifications for President and "ice-President of t$e P$ilippines. - =o person ma# be elected President unless he is a natural-born citi6en of the Philippines a registered voter able to read and write at least fort# #ears of age on the da# of e lection and a resident of the Philippines for at least ten #ears immediatel# preceding such election. Section !3.
ualifications for )embers of t$e %atasang Pambansa. - =o person shall be elected +ember of the ,atasang Pambansa as provincial cit# or district representative unless he is a natural-born citi6en of the Philippines and on the da# of the election is at least twent#-five #ears of age able to read and write a registered voter in the constituenc# in which he shall be elected and a resident thereof for a period of not less than si! months immediatel# preceding the da# of the election. Section !4.
A sectoral representative shall be a natural-born citi6en 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 #ear immediatel# preceding the da# of the election a bona fide member of the sector he seeks to represent and in
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BATAS PAMBANSA BLG. 881 the case of a representative of the agricultural or industrial labor sector shall be a registered voter and on the da# of the election is at least twent#-five #ears of age. The #outh sectoral representative should at least be eighteen and not be more than twent#-five #ears of age on the da# of the election$ Provided however That an# #outh sectoral representative who attains the age of twent#five #ears during his term shall be entitled to continue in office until the e!piration of his term. ualifications of elective local officials. - The 7ualifications for elective provincial cit# municipal and baranga# officials shall be those provided for in the ocal :overnment Code. Section !.
Candidates $olding appointive office or positions. - An# person holding a public appointive office or position including active members of the Armed
Candidates $olding elective office. - An# elective official whether national or local running for an# office other than the one which he is holding in a permanent capacit# e!cept for President and &ice-President shall be considered ipso facto resigned from his office upon the filing of his certificate of candidac#. Section !".
Disualifications. - An# candidate who in an action or protest in which he is a part# is declared b# final decision of a competent court guilt# of or found b# the Commission of having 4a5 given mone# or other material consideration to influence induce or corrupt the voters or public officials performing electoral functions) 4b5 committed acts of terrorism to enhance his candidac#) 4c5 spent in his election campaign an amount in e!cess of that allowed b# this Code) 4d5 solicited received or made an# contribution prohibited under 3ections >' '/ 'B '? and %() or 4e5 violated an# of 3ections >( >0 >/ >B and *B% paragraphs d e k v and cc subparagraph B shall be dis7ualified from continuing as a candidate or if he has been elected from holding the office. An# person who is a permanent resident of or an immigrant to a foreign countr# shall not be 7ualified to run for an# elective office under this Code unless said person has waived his status as permanent resident or immigrant of a foreign countr# in accordance with the residence re7uirement provided for in the election laws. Section !#.
uisance candidates. - The Commission ma# motu proprio or upon a verified petition of an interested part# refuse to give due course to or cancel a certificate of candidac# if it is shown that said certificate has been filed to put the election process in mocker# or disrepute or to cause confusion among the voters b# the similarit# of the names of the registered candidates or b# other circumstances or acts which clearl# demonstrate that the candidate has no bona fide intention to run for the office for which the certificate of candidac# has been filed and thus prevent a faithful determination of the true will of the electorate. Section !$.
Section "%.
/uest candidacy. - A political part# ma# nominate andIor support candidates not belonging to it.
Section "2.
Effects of disualification cases and priority. - The Commission and the courts shall give
priorit# to cases of dis7ualification b# reason of violation of this Act to the end that a final decision shall be rendered not later than seven da#s before the election in which the dis7ualification is sought. An# candidate who has been declared b# final 9udgment to be dis7ualified shall not be voted for and the votes cast for him shall not be counted. =evertheless if for an# reason a candidate is not declared b# final 9udgment before an election to be dis7ualified 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 p roclamation and assumption to office. Certificate of candidacy. - =o person shall be eligible for an# elective public office unless he files a sworn certificate of candidac# within the period fi!ed herein. Section "3.
A person who has filed a certificate of candidac# ma# prior to the election withdraw the same b# submitting to the office concerned a written declaration under oath. =o person shall be eligible for more than one office to be filled in the same election and if he files his certificate of candidac# for more than one office he shall not be eligible for an# of them. 1owever before the e!piration of the period for the filing of certificates of candidac# the person who was filed more than one certificate of candidac# ma# declare under oath the office for which he desires to be eligible and cancel the certificate of candidac# for the other office or offices. The filing or withdrawal of a certificate of candidac# shall not affect whatever civil criminal or administrative liabilities which a candidate ma# have incurred.
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BATAS PAMBANSA BLG. 881 Contents of certificate of candidacy. - The certificate of candidac# shall state that the person filing it is announcing his candidac# for the office stated therein and that he is eligible for said office) if for +ember of the ,atasang Pambansa the province including its component cities highl# urbani6ed cit# or district or sector which he seeks to represent) the political part# to which he b elongs) 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 obe# the laws legal orders and decrees promulgated b# the dul# constituted authorities) that he is not a permanent resident or immigrant to a foreign countr#) that the o bligation imposed b# his oath is assumed voluntaril# without mental reservation or purpose of evasion) and that the facts stated in the certificate of candidac# are true to the best of his knowledge. Section "4.
nless a candidate has officiall# changed his name through a court approved proceeding a certificate shall use in a certificate of candidac# the name b# which he has been bapti6ed or if has not been bapti6ed in an# church or religion the name registered in the office of the local civil registrar or an# other name allowed under the provisions of e!isting law or in the case of a +uslim his 1ad9i name after p erforming 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 e!cept the incumbent who ma# continue to use the name and surname stated in his certificate of candidac# when he was elected. 1e ma# also include one nickname or stage name b# which he is generall# or popularl# known in the localit#. The person filing a certificate of candidac# shall also affi! his latest photograph passport si6e) a statement in duplicate containing his bio-data and program of government not e!ceeding one hundred words if he so desires. Filing and distribution of certificate of candidacy. - The certificate of candidac# shall be filed on an# da# from the commencement of the election period but not later than the da# before the beginning of the campaign period$ Provided That in cases of postponement or failure of election under 3ections / and B hereof no additional certificate of candidac# shall be accepted e!cept in cases of substitution of candidates as provided under 3ection ?? hereof. Section ".
The certificates of candidac# for President and &ice-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 candidac# for the other offices shall be filed in duplicate with the o ffices herein below mentioned together with a number of clearl# legible copies e7ual to twice the number of polling places in the province cit# district municipalit# or baranga# as the case ma# be$ 4a5
Candidates in case of deat$' disualification or ,it$dra,al of anot$er. - 2f after the last da# for the filing of certificates of candidac# an official candidate of a registered or accredited political part# dies withdraws or is dis7ualified for an# cause onl# a person belonging to and certified b# the same political part# ma# file a certificate of candidac# to replace the candidate who died withdrew or was dis7ualified. The substitute candidate nominated b# the political part# concerned ma# file his certificate of candidac# for the office affected in accordance with the preceding sections not later than mid-da# of the da# of the election. 2f the death withdrawal or dis7ualification should occur between the da# before the election and mid-da# of election da# said certificate ma# be filed with an# board of election inspectors in the political subdivision where he is a candidate or in the case of candidates to be voted for b# the entire electorate of the countr# with the Commission. Section "".
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BATAS PAMBANSA BLG. 881 Petition to deny due course to or cancel a certificate of candidacy. - A verified petition seeking to den# due course or to cancel a ce rtificate of candidac# ma# be filed b# the person e!clusivel# on the ground that an# material representation contained therein as re7uired under 3ection ? hereof is false. The petition ma# be filed at an# time not later than twent#-five da#s from the time of the filing of the certificate of candidac# and shall be decided after due notice and hearing not later than fifteen da#s before the election. Section "#.
ARTICLE ( CAMPAIGN AND ELECTION PROPAGANDA Section "$.
Definitions. - As used in this Code$
4a5 The term "candidate" refers to an# person aspiring for or seeking an elective public office who has filed a certificate of candidac# b# himself or through an accredited political part# aggroupment or coalition of parties) 4b5 The term "election campaign" or "partisan political activit#" refers to an act designed to promote the election or defeat of a particular candidate or candidates to a public office which shall include$ 4%5
+ntervention of foreigners. - 2t shall be unlawful for an# foreigner whether 9udicial or natural person to aid an# candidate or political part# directl# or indirectl# or take part in or influence in an# manner an# election or to contribute or make an# e!penditure in connection with an# election campaign or partisan political activit#. Section #1.
Section #2.
0a,ful election propaganda. - awful election propaganda shall include$
4a5 Pamphlets leaflets cards decals stickers or other written or printed materials of a si6e not more than eight and one-half inches in width and fourteen inches in length) 4b5 1andwritten or printed letters urging voters to vote for or against an# particular candidate) 4c5 Cloth paper or cardboard posters whether framed or posted with an area e!ceeding two feet b# three feet e!cept that at the site and on the occasion of a public meeting or rall# or in announcing the holding of said meeting or rall# streamers not e!ceeding three feet b# eight feet in si6e shall be allowed$ Provided That said streamers ma# not be displa#ed e!cept one week before the date of the meeting or rall# and that it shall be removed within sevent#-two hours after said meeting or rall#) or
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BATAS PAMBANSA BLG. 881 4d5 All other forms of election propaganda not prohibited b# this Code as the Commission ma# authori6e after due notice to all interested parties and hearing where all the interested parties were given an e7ual opportunit# to be heard$ Provided That the Commission@s authori6ation shall be published in two newspapers of general circulation throughout the nation for a t least twice within one week after the authori6ation has been granted. !emoval' destruction or defacement of la,ful election propaganda pro$ibited. - 2t shall be unlawful for an# person during the campaign period to remove destro# obliterate or in an# manner deface or tamper with or prevent the distribution of lawful election propaganda. Section #3.
!euirements for publis$ed or printed election propaganda. - An# newspaper newsletter newsweekl# ga6ette or maga6ine advertising posters pamphlets circulars handbills bumper stickers streamers simple list of candidates or an# p ublished or printed political matter for or against a candidate or group of candidates to an# public office shall bear and be identified b# the words "paid for b#" followed b# the true and correct name and address of the pa#or and b # the words "printed b#" followed b# the true and correct name and address of the printer. Section #4.
Section #.
Pro$ibited forms of election propaganda. - 2t shall be unlawful$
4a5 To print publish post or distribute an# poster pamphlet circular handbill or printed matter urging voters to vote for or against an# candidate unless the# bear the names and addresses of the printer and pa#or as re7uired in 3ection > hereof) 4b5 To erect put up make use of attach float or displa# an# billboard tinplate-poster balloons and the like of whatever si6e shape form or kind advertising for or against an# candidate or political part#) 4c5 To purchase manufacture re7uest distribute or accept electoral propaganda gadgets such as pens lighters fans of whatever nature flashlights athletic goods or materials wallets shirts hats bandanas matches cigarettes and the like e!cept that campaign supporters accompan#ing a candidate shall be allowed to wear hats andIor shirts or T-shirts advertising a candidate) 4d5 To show or displa# publicl# an# advertisement or propaganda for or against an# candidate b# means of cinematograph# audio-visual units or other screen pro9ections e!cept telecasts which ma# be allowed as hereinafter provided) and 4e5
!egulation of election propaganda t$roug$ mass media. -
4a5 The Commission shall promulgate rules and regulations regarding the sale of air time for partisan political purposes during the campaign period to insure the e7ual time as to duration and 7ualit# in available to all candidates for the same office or political parties at the same rates or given free of charge) that such rates are reasonable and not higher than those charged other bu#ers or users of air time for non-political purposes) that the provisions of this Code regarding the limitation of e!penditures b# candidates and political parties and contributions b# private persons entities and institutions are effectivel# enforced) and to ensure that said radio broadcasting and television stations shall not undul# allow the scheduling of an# program or permit an# sponsor to manifestl# favor or oppose an# candidate or political part# b# undul# o r repeatedl# referring to or including said candidate andIor political part# in such program respecting however in all instances the right of said stations to broadcast accounts of significant or newsworth# events and views on matters of public interest. 4b5 All contracts for advertising in an# newspaper maga6ine periodical or an# form of publication promoting or opposing the candidac# of an# person for public o ffice shall before its implementation be registered b# said newspaper maga6ine periodical or publication with the Commission. 2n ever# case it shall be signed b# the candidate concerned or b# the d ul# authori6ed representative of the political part#. 4c5 =o franchise or permit to operate a radio or television station shall be granted or issued suspended or cancelled during the election period.
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BATAS PAMBANSA BLG. 881 An# radio or television stations including that owned or controlled b# the :overnment shall give free of charge e7ual time and prominence to an accredited political part# or its candidates if it gives free of charge air time to an accredited political part# or its candidates for political purposes. 2n all instances the Commission shall supervise the use and emplo#ment of press radio and television facilities so as to give candidates e7ual opportunities under e7ual circumstances to make known their 7ualifications and their stand on public issues within the limits set forth in this Code on election spending. ules and regulations promulgated b# the Commission under and b# authorit# of this section shall take effect on the seventh da# after their publication in at least two dail# newspapers of general circulation. Prior to the effectivit# of said rules and regulations no political advertisement or propaganda for or against an# candidate or political part# shall be published or broadcast through the mass media. &iolation of the rules and regulations of the Commission issued to implement this section shall be an election offense punishable under 3ection *B hereof. !allies' meetings and ot$er political activities. - 3ub9ect to the re7uirements of local ordinances on the issuance of permits an# political part# supporting official candidates or an# candidate individuall# or 9ointl# with other aspirants ma# hold peaceful political rallies meetings and other similar activities during the campaign period$ 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 immediatel# posted in a conspicuous place in the cit# or municipal building shall be acted upon in writing b# local authorities concerned within three da#s after the filing thereof and an# application not acted upon within said period shall be deemed approved$ and Provided further That denial of an# application for said permit shall be appealable to the provincial election supervisor or to the Commission whose decision shall be made within fort#-eight hours and which shall be final and e!ecutor#$ Provided finall# That one onl# 9ustifiable ground for denial is a prior written application b# an# candidate or political part# for the same purpose has been approved. Section #".
Public rally. - An# political part# or candidate shall notif# the election registrar concerned of an# public rall# said political part# or candidate intends to organi6e and hold in the cit# or municipalit# and within seven working da#s thereafter submit to the election registrar a statement of e!penses incurred in connection therewith. Section ##.
Transportation' food and drin&s. - 2t shall be unlawful for an# candidate political part# organi6ation or an# person to give or accept free of charge directl# or indirectl# transportation food or drinks or things of value during the five hours before and after a public meeting on the da# preceding the election and on the da# of the election) or to give or contribute directl# or indirectl# mone# or things of value for such purpose. Section #$.
Comelec space. - The Commission shall procure space in at least one newspaper of general circulation in ever# province or cit#$ Provided however That in the absence of said newspaper publication shall be done in an# other maga6ine or pe riodical in said province or cit# which shall be known as "Comelec 3pace" wherein candidates can announce their candidac#. 3aid space shall be allocated free of charge e7uall# and impartiall# b# the Commission among all candidates within the area in which the newspaper is circulated. Section $%.
Comelec poster area. - 8henever practicable the Commission shall also designate a nd provide for a common poster are in strategic places in each town wherein candidates can announce and further their candidac# through posters said space to be likewise allocated free of charge e7uall# and impartiall# b# the Commission among all the candidates concerned. Section $1.
Comelec time. - The Commission shall procure radio and television time to be known as "Comelec Time" which shall be allocated e7uall# and impartiall# among the candidates within the area of coverage of all radio and television stations.
Comelec information bulletin. - The Commission shall cause the printing and supervise the dissemination of bulletins to be known as "Comelec ,ulletin" which shall be of such si6e as to ade7uatel# contain the picture bio-data and program of government of ever# candidate. 3aid bulletin shall be disseminated to the voters or displa#ed in such places as to give due prominence thereto. An# candidate ma# reprint at his e!pense an# "Comelec ,ulletin" upon prior authorit# of the Commission$ Provided That the printing of the names of the different candidates with their bio-data must be in alphabetical order irrespective of part# affiliation. Section $3.
ARTICLE (I ELECTORAL CONTRIBUTIONS AND E(PENDITURES Section $4.
Definitions. - As used in this Article$
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BATAS PAMBANSA BLG. 881 4a5 The term "contribution" includes a gift donation subscription loan advance or deposit of mone# or an#thing of value or a contract promise or agreement to contribute whether or not legall# enforceable made for the purpose of influencing the results of the elections but shall not include services rendered without compensation b# individuals volunteering a portion or all of their time in behalf of a candidate or political part#. 2t shall also include the use of facilities voluntaril# donated b# other persons the mone# value of which can be assessed based on the rates prevailing in the area. 4b5 The term "e!penditure" includes the pa#ment or deliver# of mone# of an#thing of value or a contract promise or agreement to make an e!penditure for the purpose o f influencing the results of the election. 2t shall also include the use of facilities personall# owned b# the candidate the mone# value of the use of which can be assessed based on the rates prevailing in the area. 4c5 The term "person" includes an individual partnership committee association corporation and an# other organi6ation or group of persons. Pro$ibited contributions. - =o contribution for purposes of partisan political activit# shall be made directl# or indirectl# b# an# of the following$ Section $.
4a5 Public or private financial institutions$ Provided however That nothing herein shall prevent the making of an# loan to a candidate or political part# b# an# such public or private financial institutions legall# in the business of lending mone# and that the loan is made in accordance with laws and regulations and in the ordinar# course of business) 4b5 =atural and 9uridical persons operating a public utilit# or in possession of or e!ploiting an# natural resources of the nation) 4c5 =atural and 9uridical persons who hold contracts or sub-contracts to suppl# the government or an# of its divisions subdivisions or instrumentalities with goods or services or to perform construction or other works) 4d5 =atural and 9uridical persons who have been granted franchises incentives e!emptions allocations or similar privileges or concessions b# the government or an# of its divisions subdivisions or instrumentalities including government-owned or controlled corporations) 4e5 =atural and 9uridical persons who within one #ear prior to the date of the election have been granted loans or other accommodations in e!cess of P%((((( b# the government or an# of its divisions subdivisions or instrumentalities including government-owned or controlled corporations) 4f5 Educational institutions which have received grants of public funds amounting to no less than P%(((((.(() 4g5 Officials or emplo#ees in the Civil 3ervice or members of the Armed
Pro$ibited raising of funds. - 2t shall be unlawful for an# person to hold dances lotteries cockfights games bo!ing bouts bingo beaut# contests entertainments or cinematographic theatrical or other performances for the purpose of raising funds for an election campaign or for the support of an# candidate from the commencement of the election period up to and including election da#) or for an# person or organi6ation whether civic or religious directl# or indirectl# to solicit andIor accept from an# candidate for public office or from his campaign manager agent or representative or an# person acting in their behalf an# gift food transportation contribution or donation in cash or in kind from the commencement of the election period up to and including election da#) Provided That normal and customar# religious stipends tithes or collections on 3unda#s andIor other designated collection da#s are e!cluded from this prohibition. Section $".
True name of contributor reuired. - =o person shall make an# contribution in an# name e!cept his own nor shall an# candidate or treasurer of a political part# receive a contribution or enter or record the same in an# name other than that of the person b# whom it was actuall# made. Section $#.
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BATAS PAMBANSA BLG. 881 !eport of contributions. - Ever# person giving contributions to an# candidate treasurer of the part# or authori6ed representative of such candidate or treasurer shall not later than thirt# da#s after the da# 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 part# receiving the contribution and the date of the contribution. Section $$.
0imitations upon expenses of candidates. - =o candidate shall spend for his election campaign an aggregate amount e!ceeding one peso and fift# centavos for ever# voter currentl# registered in the constituenc# where he filed his candidac#$ Provided That the e!penses herein referred to shall include those incurred or caused to be incurred b# the candidate whether in cash or in kind including the use rental or hire of land water or aircraft e7uipment facilities apparatus and paraphernalia used in the campaign$ Provided further That where the land water or aircraft e7uipment facilities apparatus and paraphernalia used is owned b# the candidate his contributor or supporter the Commission is hereb# empowered to assess the amount commensurate with the e!penses for the use thereof based on the prevailing rates in the localit# and shall be included in the total e!penses incurred b# the candidate. Section 1%%.
0imitations upon expenses of political parties. - A dul# accredited political part# ma# spend for the election of its candidates in the constituenc# or constituencies where it has official candidates an aggregate amount not e!ceeding the e7uivalent of one peso and fift# centavos for ever# voter currentl# registered therein. E!penses incurred b# branches chapters or committees of such political part# shall be included in the computation of the total e!penditures of the political part#. Section 1%1.
E!penses incurred b# other political parties shall be considered as e!penses of their respective individual candidates and sub9ect to limitation under 3ection %(( of this Code. 0a,ful expenditures. - To carr# out the ob9ectives of the preceding sections no candidate or treasurer of a political part# shall directl# or indirectl# make an# e!penditure e!cept for the following purposes$ Section 1%2.
4a5
The authorit# to incur e!penditures shall be in writing cop# of which shall be furnished the Commission signed b# the candidate or the treasurer of the part# and showing the e!penditures so authori6ed and shall state the full name and e!act address of the person so designated.
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BATAS PAMBANSA BLG. 881 Section 1%4. Pro$ibited donations by candidates' treasurers of parties or t$eir agents. - =o candidate his or her spouse or an# relative within the second civil degree of consanguinit# or affinit# affinit# or his campaign manager agent or representative shall during the campaign period on the da# before and on the da# of the election directl# or indirectl# indirectl# make an# 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 an# structure for public use or for the use of an# religious or civic organi6ation$ Provided That normal and customar# religious dues or contributions such as religious stipends tithes or collections on 3unda#s or other designated collection da#s as well as periodic pa#ments for legitimate scholarships established and school contributions habituall# made before the prohibited period are e!cluded from the prohibition.
The same prohibition applies to treasurers agents or representatives of an# political part#. Section 1%. Accounting
by agents of candidate or treasurer. treasurer. - Ever# - Ever# person receiving contributions or incurring e!penditures b# authorit# of the candidate or treasurer of the part# shall on demand b# the candidate or treasurer of the part# and in an# event within five da#s after receiving such contribution or incurring such e!penditure render to the candidate or the treasurer of the part# concerned a detailed account thereof with proper vouchers or official receipts. Section 1%!.
!ecords of contributions and expenditures. -
4a5 2t shall be the dut# of ever# candidate treasurer of the political part# and person acting under the authorit# of such candidate or treasurer to issue a receipt for ever# contribution received and to obtain and keep a receipt stating the particulars of ever# e!penditure made. 4b5 Ever# candidate and treasurer of the part# shall keep detailed full and accurate records of all contributions received and e!penditures incurred b# him and b# those acting under his authorit# setting setting forth therein all information re7uired to be reported. 4c5 Ever# candidate and treasurer of the part# shall be responsible for the preservation of the records of contributions and e!penditures together with all pertinent documents for at least three #ears after the holding of the election to which the# pertain and for their production for inspection b# the Commission or its dul# authori6ed representative or upon presentation of a subpoena duces tecum dul# issued b# the Commission.
Section 1%".
8ithin thirt# da#s after the da# of the election said candidate and treasurer shall also file in duplicate a supplemental statement of all contribution and e!penditures not included in the statement filed prior to the d a# of the election. Section 1%#.
Place for filing statements. - The - The statements of contributions and e!penditures shall be filed as
follows$ 4a5 Those of candidates for President and &ice-President &ice-President with the Commission. 4b5 Those of candidates for +embers of the ,atasang Pambansa with the provincial election supervisor concerned e!cept those of candidates in the =ational Capital egion which shall be filed with the regional election director of said region. 4c5 Those of candidates for provincial offices with the provincial election supervisor concerned. 4d5 Those of candidates for cit# municipal and baranga# offices with the election registrar concerned. 2f the statement is sent b# mail it shall be b# registered mail and the date on which it was registered with the post office ma# be considered as the filing date thereof if confirmed on the same date b# 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 da#s after the last da# for the filing of the statements send to the Commission duplicate copies of a ll statements filed with them. Section 1%$. Form and contents of statement. - The - The statement shall be in writing subscribed and sworn to b# the candidate or b# the treasurer of the part# shall be complete as of the date ne!t preceding the date of filing
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BATAS PAMBANSA BLG. 881 and shall set forth in detail 4a5 the amount of contribution the date of receipt and the full name and e!act address of the person from whom the contribution was received) 4b5 the amount of ever# e!penditure the date thereof the full name and e!act address of the person to whom pa#ment was made and the purpose of the e!penditure) 4c5 an# unpaid obligation its nature and amount and to whom said obligation is owing) and 4d5 such other particulars which the Commission ma# re7uire. 2f the candidate or treasurer of the part# has received no contribution made no e!penditure or has no pending obligation the statement shall reflect such fact. Preservation and inspection of statements. - All - All statements of contributions and e!penditures shall be kept and preserved at the office where the# are filed and shall constitute part of the public records thereof for three #ears after the election to which the# pertain. The# shall not be removed therefrom e!cept upon order of the Commission or of a competent court and shall during regular office hours be sub9ect and open to inspection b# the public. The officer in-charge thereof shall on demand furnish certified copies of an# statement upon pa#ment of the fee prescribed under 3ection *?( hereof.
Section 11%.
2t shall be the dut# of the Commission to e!amine all statements of contributions and e!penditures of candidates and political parties to determine compliance with the provisions of this Article. Effect of failure to file statement. - 2n - 2n addition to other sanctions provided in this Code no person elected to an# public office shall enter upon the duties of his office until he has filed the statement of contributions and e!penditures herein re7uired.
Section 111.
The same prohibition shall appl# if the political part# which nominated the winning candidate fails to file the statements re7uired herein within the period prescribed b# this Code. !eport of contractor and business firms. firms. - Ever# person or firm to whom an# electoral e!penditure is made shall within thirt# da#s after the da# of the election file with the Commission a report setting forth the full names and e!act addresses of the candidates treasurers of political parties and other persons incurring such e!penditures the nature or purpose of each e!penditure the date and costs thereof and such other particulars as the Commission ma# re7uire. The report shall be signed and sworn to b# the supplier or contractor contractor or in case of a business firm o r association b# its president or general manager. Section 112.
2t shall be the dut# of such person or firm to whom an electoral e!penditure is made to re7uire ever# agent of a candidate or of the treasurer of a political part# to present written authorit# to incur electoral e!penditures in behalf of such candidate or treasurer and to keep and preserve at its place of business sub9ect to inspection b# the Commission or its authori6ed representatives copies of such written authorit# authorit# contracts vouchers invoices and other records and documents relative to said e!penditures for a period of three #ears after the date of the election to which the# pertain. 2t shall be unlawful for an# supplier contractor contractor or business firm to enter into contract involving election e!penditures with representatives of candidates or political parties without such written authorit#.
ARTICLE (II REGISTRATION OF VOTERS
Permanent 0ist of "oters. - An# - An# provision of Presidential ;ecree ;ecree =o. %>'B to the the contrar# notwithstanding the list of voters prepared and used in the election of +embers of the ,atasang Pambansa on +a# % %'> with such additions cancellations and corrections as ma# hereafter be made in accordance with the provisions of this Code shall constitute the permanent list of voters in each cit# or municipalit# as the case ma# be until %''B. Section 113.
Section 114.
ecessity of !egistration. - 2n - 2n order that a 7ualified elector ma# vote in an# election plebiscite or referendum he must be registered in the permanent list of voters for the cit# or municipalit# in which he resides.
Section 11.
($o may be registered in t$e list. - All - All persons having complied with the re7uisites herein prescribed for the registration of voters shall be registered in the list provided the# possess all the 7ualifications and none of the dis7ualifications of a voter. Those who failed to register in the election of %'> for an# reason Section 11!.
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BATAS PAMBANSA BLG. 881 whatsoever whatsoever ma# register in accordance with the provisions of this Code. An# person who ma# not have on the date of registration the age or period of residence re7uired ma# also be registered upon proof that on the date of the election plebiscite or referendum he shall have such 7ualifications. ualifications of a voter. - Ever# - Ever# citi6en of the Philippines not otherwise dis7ualified b# law eighteen #ears of age or over who shall have resided in the Philippines for one #ear and in the cit# or municipalit# wherein he proposes to vote for at least si! months immediatel# preceding the election ma# be registered as a voter. Section 11".
An# person who transfers transfers residence to another another cit# cit# municipalit# municipalit# or countr# solel# solel# b# reason of his his occupation) profession) emplo#ment in private or public service) educational activities) work in militar# or naval reservations) service in the arm# nav# or air force) the constabular# 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. Section 11#.
Disualifications. Disualifications. - The following shall be dis7ualified from voting$
4a5 An# person who has been sentenced b# final 9udgment to suffer imprisonment for not less than one #ear such disabilit# not having been removed b# p lenar# pardon or granted amnest#$ Provided however That That an# person dis7ualified to vote under this paragraph shall automaticall# reac7uire the right to vote upon e!piration of five #ears after service of sentence. 4b5 An# person who has been ad9udged b# final 9udgment b# competent court or tribunal of having committed an# crime involving dislo#alt# to the dul# constituted government such as rebellion sedition violation of the anti-subversion and firearms laws or an# crime against national securit# unless unless restored to his full civil and political rights in accordance with law$ Provided That he shall regain his right to vote automaticall# upon e!piration of five #ears after service of sentence. 4c5 2nsane or incompetent persons as declared b# competent authorit#. Preparation of t$e permanent list of voters. -
Preparation of t$e list before ot$er regular elections. -
Section 12%.
Section 121. Preparation of t$e list before any special election' plebiscite or referendum. -
Transfer Transfer of names of voters from t$e permanent list to t$e current one. - The transfer of the names of the voters of the precinct alread# 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 dut# of the board and an# omission or error in cop#ing shall be corrected motu proprio or upon petition of the interested part# without dela# and in no case be#ond three da#s from the time such error is noticed) and if the board should refuse the interested part# ma# appl# for such correction to the proper municipal o r metropolitan trial court which shall decide the case without dela# and in no case be#ond three da#s 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.
Section 122.
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 da# before the registration of voters to be returned after the last da# of registration. Cancellation and exclusion in t$e transfer of names. - 2n transferring the names of the voters of the precinct from the list used in the preceding election to the current list the board shall e!clude those who have applied for the cancellation of their registration those who have died those who did not vote in the immediatel# preceding two successive regular elections those who have been e!cluded b# court orders issued in accordance with the provisions of this Code and those who have been dis7ualified upon motion of an# member of the board or of an# elector or watcher upon satisfactor# proof to the board and upon summons to the voter in cases of dis7ualification. The motion motion shall be decided b# the board without dela# and in no case be#ond three
Section 123.
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BATAS PAMBANSA BLG. 881 da#s from its filing. 3hould the board den# the motion or fail to act thereon within the period herein fi!ed the interested part# ma# appl# for such e!clusion to the municipal or metropolitan trial court which shall decide the petition without dela# and in no case be#ond three da#s from the date the petition is filed. The decision of the court shall be final. The poll clerk shall keep a record of these e!clusions and shall furnish three copies thereof to the election registrar who shall in turn keep one cop# and send the two other copies thereof to the provincial election supervisor and the Commission to be attached b# them to the permanent list under their custod#. )eeting to close t$e list of voters. - The board of election inspectors shall also meet on the second 3aturda# immediatel# preceding the da# of the regular election or on the second da# immediatel# preceding the da# of the special election plebiscite or referendum whether it be 3unda# or a legal holida# for the purpose of making such inclusions e!clusions and corrections as ma# be or ma# have been ordered b# the courts stating opposite ever# 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. Section 124.
3hould the board fail to include in the list of voters an# person ordered b# competent court to be so included said person shall upon presentation of a certified cop# of the order of inclusion and upon proper identification be allowed b# the board to vote. 3hould the board fail to e!clude from the list of voters an# person ordered b# the court to be so e!cluded the board shall not permit said person to vote upon presentation to it b# an# interested part# of a certified cop# of the order of e!clusion. !e-registration. - A voter who is registered in the permanent list of voters need not register anew for subse7uent elections unless he transfer residence to another cit# or municipalit# or his registration has been cancelled on the ground of dis7ualification and such dis7ualification has been lifted or removed. ikewise a voter whose registration has been cancelled due to failure to vote in the preceding regular election ma# register anew in the cit# or municipalit# where he is 7ualified to vote. Section 12.
!egistration of voters. - On the seventh and si!th 3aturda#s before a regular election or on the second 3aturda# following the da# of the proclamation calling for a new special e lection plebiscite or referendum an# 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$ Section 12!.
4a5 =ame surname middle name maternal surname) 4b5 ;ate and place of birth) 4c5 Citi6enship) 4d5 Periods of residence in the Philippines and in the place of registration) 4e5 E!act address with the name of the street and house number or in case there is none a brief description of the localit# and the place) 4f5 A statement that the applicant has not been previousl# registered otherwise he shall be re7uired to attach a sworn application for cancellation of his previous registration) and 4g5 3uch other information or data which ma# be re7uired b# 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 b# the applicant. The oath of the applicant shall include a statement that he does not have an# of the dis7ualifications of a voter and that he has not been previousl# registered in the precinct or in an# other precinct. ,efore the applicant accomplishes his voter@s affidavit the board of election inspectors shall appraise the applicant of the 7ualifications and dis7ualifications prescribed b# law for a voter. 2t shall also see to it that the accomplished voter@s affidavit contain all the data therein re7uired and that the applicant@s specimen signatures the prints of his left and right hand thumbmarks and his photograph are properl# affi!ed in each of the voter@s affidavit. +lliterate or disabled applicants. - The voter@s affidavit of an illiterate or ph#sicall# disabled person ma# be prepared b# an# relative within the fourth civil degree of consanguinit# of affinit# or b# an# member o f the board of election inspectors who shall prepare the affidavit in accordance with the data supplied b# the applicant. Section 12".
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BATAS PAMBANSA BLG. 881 "oter1s 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 identit# is challenged on election da# and he cannot present his voter identification card his identit# ma# be established b# the specimen signatures the photograph or the fingerprints in his voter@s affidavit in the book of voters. =o e!tra or duplicate cop# of the voter identification card shall be prepared and issued e!cept upon authorit# of the Commission. Section 12#.
Each identification card shall bear the name a nd the address of the voter his date of birth se! civil status occupation his photograph thumbmark the cit# or municipalit# 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. An# voter previousl# registered under the provisions of Presidential ;ecree =umbered %>'B who desires to secure a voter identification card shall on an# registration da# provide four copies of his latest identification photograph to the board of election inspectors which upon receipt thereof shall affi! one cop# thereof to the voter@s affidavit in the book of voters one cop# to the voter identification card to be issued to the voter and transmit through the election registrar one cop# each to the provincial election supervisor and the Commission to be respectivel# attached to the voter@s affidavit in their respective custod#. Section 12$. Action
by t$e board of election inspectors. - pon receipt of the voter@s affidavit the board of election inspectors shall e!amine the data therein. 2f it finds that the applicant possesses all the 7ualifications and none of the dis7ualifications of a voter he shall be registered. Otherwise he shall not be registered. The name and address of each registered voter shall immediatel# upon his registration be entered in the proper alphabetical group in the list a fter which the voter identification card shall be issued to the voter. 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 cit# and municipalit# in the province which shall be under the custod# and supervision of the provincial election supervisor. The applications shall be compiled alphabeticall# b# precincts so as to make the file an e!act replica of the book of voters in the possession of the election registrar. Section 13%.
3hould the book of voters in the custod# of the election registrar be lost or destro#ed at a time so close to the election da# that there is no time to reconstitute the same the corresponding book of voters in the provincial file shall be used during the voting. ational central file of registered voters. - There shall also be a national central file or 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 alphabeticall# according to the surnames of the registered voters regardless of the place of registration. Section 131.
Preservation of voter1s affidavits. - A cop# of the affidavit of each voter shall be kept b# 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 ne!t election. The election registrar shall compile the voter@s affidavits b# precinct alphabeticall# in a book of voters. The other two copies shall be sent b# the board of election inspectors on the da# following the date of the affidavit to the office of the provincial election supervisor and the Commission in +anila. The provincial election supervisor and the Commission shall respectivel# file and preserve the voter@s affidavits b# cit# and municipalit# and in alphabetical order of their surnames. The fourth cop# shall be given to the voter as evidence of his registration. Section 132.
Columns in t$e list of voters. - The list of voters shall be arranged in columns as follows$ 2n 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. 2n the second column the surnames of the registered voters shall be written in alphabetical order followed b# their respective first names without abbreviations of an# kind. 2n 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 localit# or place. 2n the fourth column shall be entered the periods of residence in the Philippines and in the cit# or municipalit#. 2n the fifth column there shall be entered on the da# of the election the numbers of the ballots which were given successivel# to each voter. 2n the si!th column the voter shall stamp on the da# 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. 2t will be sufficient that the fifth si!th and seventh columns shall be filled in the cop# of the list under the custod# of the board of election inspectors which shall see to it that the thumbmark is stamped plainl#. Section 133.
Certificate of t$e board of election inspectors in t$e list of voters. - pon the ad9ournment of each meeting for the registration of voters the board of election inspectors shall close each alphabetical group of surnames of voters b# writing the dates on the ne!t line in blank which shall be forthwith signed b# each Section 134.
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BATAS PAMBANSA BLG. 881 member and before adding a new name on the same page at the ne!t meeting it shall write the following$ "Added at the J J J meeting" specif#ing if it is the second third or fourth meeting of the board as the case ma# be. 2f the meeting ad9ourned 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 4a5 of the corrections and cancellations made in the permanent list specif#ing them or that there has been none and 4b5 of the total number of voters registered in the precinct. Publication of t$e list. - At the first hour of the working da# following the last da# of registration of voters the poll clerk shall deliver to the election registrar a cop# of the list certified to b# the board of election inspectors as provided in the preceding section) another cop# 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 da# and hour the poll clerk shall also post a cop# 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 ma# be convenientl# consulted b# the interested parties. The chairman poll clerk and the two members of the board of election inspectors shall each keep a cop# of the list which ma# be inspected b# the public in their residence or office during regular office hours. 2mmediatel# 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 cop# of the list under their custod#. Section 13.
C$allenge of rig$t to register. - An# person appl#ing for registration ma# be challenged before the board of election inspectors on an# registration da# be an# member voter candidate or watcher. The board shall then e!amine the challenged person and shall receive such other evidence as it ma# deem pertinent after which it shall decide whether the e lector shall be included in or e!cluded from the list as ma# be proper. All challenges shall be heard and decided without dela# and in no case be#ond three da#s from the date the challenge was made. Section 13!.
After the 7uestion has been decided the board of election inspectors shall give to each part# a brief certified statement setting forth the challenge and the decision thereon. Po,er of t$e board of election inspectors to administer oat$s and issue su mmons. -
incident to the process shall be paid in advance b# the part# in whose behalf the summons is issued. 2urisdiction in inclusion and exclusion cases. - The municipal and metropolitan trial courts shall have original and e!clusive 9urisdiction over all matters of inclusion and e!clusion of voters from the list in their respective municipalities or cities. ;ecisions of the municipal or metropolitan trial courts ma# be appealed directl# b# the aggrieved part# to the proper regional trial court within five da#s from receipt of notice thereof otherwise said decision of the municipal or metropolitan trial court shall become final and e!ecutor# after said period. The regional trial court shall decide the appeal within ten da#s from the time the appeal was received and its decision shall be immediatel# final and e!ecutor#. =o motion for reconsideration shall be entertained b# the courts. Section 13#.
Petition for inclusion of voters in t$e list. - An# person whose application for registration has been disapproved b# the board o f election inspectors or whose name h as been stricken out from the list ma# appl# within twent# da#s after the last registration da# 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. Section 13$.
"oters excluded t$roug$ inadvertence or registered ,it$ an erroneous or misspelled name. - An# 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 an# 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. 1e shall attach to such application a certified cop# of the entr# 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. Section 14%.
C$ange of name of registered voter. - An# previousl# registered voter whose name has been changed b# reason of marriage or b# virtue of a court order ma# re7uest the board of election inspectors during an# of its meetings held under this Article that his registration in the list be recorded under his or her new name. Section 141.
Petition for exclusion of voters from t$e list. - An# registered voter in a cit# or municipalit# ma# appl# at an# time e!cept during the period beginning with the twent#-first da# after the last registration da# of Section 142.
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BATAS PAMBANSA BLG. 881 an# election up to and including election da# with the proper municipal or metropolitan trial court for the e!clusion 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 b# proof of notice to the board of election inspectors concerned if the same is dul# constituted and to the challenged voters. Common rules governing 3udicial proceedings in t$e matter of inclusion' exclusion' and correction of names of voters. Section 143.
4a5 Outside of regular office hours no petition for inclusion e!clusion or correction of names of voters shall be received. 4b5 =otices to the members of the board of election inspectors and to challenged voters shall state the place da# and hour in which such petition shall be heard and such notice ma# be made b# sending a cop# thereof b# registered mail or b# personal deliver# or b# leaving it in the possession of a person of sufficient discretion in the residence of the said person or in the event that the foregoing procedure is not practicable b# posting a cop# in a conspicuous place in the cit# hall or municipal building and in two other conspicuous places within the cit# or municipalit# at least ten da#s prior to the da# set for the hearing. 2n the interest of 9ustice and to afford the challenged voter ever# opportunit# to contest the petition for e!clusion the court concerned ma# when the challenged voter fails to appear in the first da# set for the hearing order that notice be effected in such manner and within such period of time as it ma# decide which time shall in no case be more than ten da#s from the da# the respondent is first found in default. 4c5 Each petition shall refer to o nl# one precinct. 4d5 =o costs shall be assessed in these proceedings. 1owever if the court should be satisfied that the application has been filed for the sole purpose of molesting the adverse part# and causing him to incur e!penses it ma# condemn the culpable part# to pa# the costs and incidental e!penses. 4e5 An# candidate who ma# be affected b# the proceedings ma# intervene and present his evidence. 4f5 The decision shall be based on the evidence presented. 2f the 7uestion is whether or not the voter is real or fictitious his non-appearance on the da# set for hearing shall be prima facie evidence that the registered voter is fictitious. 2n no case shall a decision be rendered upon a stipulation of facts. 4g5 These applications shall be heard and decided without dela#. The decision shall be rendered within si! hours after the hearing and within ten da#s from the date of its filing in court. Cases appealed to the regional trial court shall be decided within ten da#s from receipt of the appeal in the office of the clerk of court. 2n an# case the court shall decide these petitions not later than the da# before the election and the decision rendered thereon shall be immediatel# final and e!ecutor# notwithstanding the provisions of 3ection %0> on the finalit# of decisions. Canvass to c$ec& registration. - The election registrar shall once e ver# two #ears or more often should the Commission deem it necessar# in order to preserve the integrit# of the permanent lists of voters conduct verification b# mail or house-to-house canvass or both of the registered voters of an# baranga# for purposes of e!clusion proceedings. Section 144.
Section 14. Annulment
of permanent lists of voters. - An# book of voters not prepared in accordance with the provisions of this Code or the preparation of which has been effected with fraud briber# forger# impersonation intimidation force or an# other similar irregularit# or which list is statisticall# improbable ma# upon verified petition of an# voter or election registrar or dul# registered political part# and after notice and hearing be annulled b# the Commission$ Provided That no order ruling or decision annulling a book of voters shall be e!ecuted within si!t# da#s before an election. !econstitution of lost or destroyed registration records. - The Commission shall reconstitute all registration records which have been lost or destro#ed.
The reconstitution of an# lost or destro#ed application for registration shall not affect the criminal liabilit# of an# person or persons who ma# be responsible for such loss or destruction.
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BATAS PAMBANSA BLG. 881 Examination of registration records. - All registration records in the possession of the cit# or municipal election registrar the provincial election supervisor and the Commission shall during regular office hours be open to e!amination b# the public with legitimate in7uiries for purposes of election. Section 14".
aw enforcement agencies shall upon prior authori6ation b# the Commission have access to said registration records should the same be necessar# to or in aid of their investigative functions and duties sub9ect to regulations promulgated b# the Commission. 0ist of voters. -
An# candidate or authori6ed representative of an accredited political part# upon formal re7uest made to an election registrar shall be entitled to a certified cop# of the most recent list of voters in an# precinct municipalit# cit# or province upon pa#ment of a reasonable fee as ma# be p rescribed b# the Commission. ARTICLE (III PRECINCTS AND POLLING PLACES
Precincts and t$eir establis$ment. - The unit of territor# for the purpose of voting is the election precinct and ever# baranga# as of the approval of this Act shall have at least one such precinct. Section 14$.
The Commission shall establish all election precincts. The precincts actuall# established in the preceding regular election shall be maintained but the Commission ma# introduce such ad9ustments changes or new divisions or abolish them if necessar#$ Provided however That the territor# comprising an election precinct shall not be altered or a new precinct established within fort#five da#s before a regular election and thirt# da#s before a special election or a referendum or plebiscite. Section 1%. Arrangements
of election precincts. -
4a5 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 territor#. 4b5 8hen it appears that an election precinct contains more than three hundred voters the Commission shall in the interest of orderl# election and in order to facilitate the casting of votes be authori6ed to divide a precinct not later than one week after the last da# of registration of voters. ,ut the polling place of all the precincts created thereb# shall be located in the same building or compound where the polling place of the original precinct is located and if this be not feasible in a place as close as p ossible to the polling place of the original precinct$ Provided however That the polling place of the new precinct ma# be located elsewhere upon written petition of the ma9orit# of the voters of the new precinct$ Provided further That when a precinct is divided into two or more precincts the registered voters shall be included in the precinct wherein the# reside. Ever# case of alteration of a precinct shall be dul# published b# posting a notice of an# change in conspicuous location in the precinct and in the municipal building or cit# hall as the case ma# be. 4c5 A municipalit# which has been merged with another municipalit# shall constitute at least one election precinct if the distance between the remotest baranga# of the merged municipalit# and the nearest polling place in the municipalit# to which it has been merged shall b# the shortest road e!ceed five kilometers. 4d5 An island or group of islands having one hundred and fift# or more voters shall constitute a precinct. 4e5 An# alteration of the election precincts or the establishment of new ones shall be communicated to the provincial election supervisor the provincial superintendent of schools etc. together with the corresponding maps which shall be published as prescribed in the ne!t succeeding sections. Publication of maps or precincts. - At least five da#s before the first registration da# preceding a regular election or special election or a referendum or a plebiscite the Commission shall through its dul# authori6ed representative post in the cit# hall or municipal building and in three other conspicuous places in the cit# or municipalit# and on the door of each polling place a map of the cit# or municipalit# showing its division into precincts with their respective boundaries and indicating therein all streets and alle#s in populous areas and the location of each polling place. Section 11.
These maps shall be kept posted until after the election referendum or plebiscite.
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BATAS PAMBANSA BLG. 881 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. Section 12.
Designation of polling places. - The location of polling places designated in the preceding regular election shall continue with such changes as the Commission ma# find necessar# after notice to registered political parties and candidates in the political unit affected if an# and hearing$ Provided That no location shall be changed within fort#-five da#s before a regular election and thirt# da#s before a special election or a referendum or plebiscite e!cept in case it is destro#ed or it cannot be used. Section 13.
!euirements for polling places. - Each polling place shall be as far as practicable a ground floor and shall be of sufficient si6e to admit and comfortabl# accommodate fort# voters at one time outside the guard rail for the board of election inspectors. The polling place shall be located within the territor# of the precinct as centrall# as possible with respect to the residence of the voters therein and whenever possible such location shall be along a public road. =o designation of polling places shall be changed e!cept upon written petition of the ma9orit# of the voters of the precinct or agreement of all the political parties or b# resolution of the Commission upon prior notice and hearing. Section 14.
A public building having the re7uirements prescribed in the preceding paragraph shall be preferred as polling place. %uilding t$at s$all not be used as polling places. - =o polling place shall be located in a public or private building owned leased or occupied b# an# candidate or of an# person who is related to an# candidate within the fourth civil degree of consanguinit# or affinit# or an# officer of the government or leader of an# political part# group or faction nor in an# building or surrounding premises under the actual control of a private entit# political part# or religious organi6ation. 2n places where no suitable public building is available private school buildings ma# be used as polling places. =o polling place shall be located within the perimeter of or inside a militar# or police camp or reservation or within a prison compound. Section 1.
An# registered voter candidate or political part# ma# petition the Commission not later than thirt# da#s before the first registration da# for the transfer of the polling place from the prohibited buildings provided herein. 3uch petition shall be heard and decided b# the Commission within twent# da#s from the filing of the petition.
Section 1". Arrangement
and contents of polling places. - Each polling place shall conform as much as possible to the sketch on the following page. "oting boot$. - ;uring the voting there shall be in each polling place a booth for ever# twent# 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 sevent# centimeters wide and two meters high. The upper part shall be covered if necessar# to preserve the secrec# 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 clearl# lighted b# artificial lights if necessar# during the voting. Section 1#.
The Commission shall post inside each voting booth and elsewhere in the polling place on the da# before the election referendum and plebiscite a list containing the names of all the candidates or the issues or 7uestions to be voted for and shall at all times during the voting period keep such list posted in said places. Section 1$.
/uard rails. -
4a5 2n ever# polling place there shall be a guard rail between the voting booths and the table for the board of election inspectors which shall have separate entrance and e!it. The booths shall be so arranged that the# can be accessible onl# b# passing through the guard rail and b# entering through its open side facing the table of the board of election inspectors. 4b5 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 fift# centimeters from the latter so that the watchers ma# see and read clearl# during the counting of the contents of the ballots and see and count the votes recorded b# the board of election inspectors member on the corresponding tall# sheets.
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BATAS PAMBANSA BLG. 881 4c5 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 votes with entrance and e!it to give them orderl# access to the table and the booths during the voting. 4d5 The polling place shall be so arranged that the booths the table the ballot bo!es and the whole polling place e!cept what is being written within the booths shall be in plain view of the board of election inspectors the watchers and other persons who ma# be within the polling place. Section 1!%.
%allot boxes. -
4a5 There shall be in each polling place on the da# of the voting a ballot bo! one side of which shall be transparent which shall be set in a manner visible to the voting public containing two compartments namel# the compartment for valid ballots which is indicated b# an interior cover painted white and the compartment for spoiled ballots which is indicated b# an interior cover painted red. The bo!es shall be uniform throughout the Philippines and shall be solidl# constructed and shall be closed with three different locks as well as three numbered securit# locks and such other safet# devices as the Commission ma# prescribe in such a wa# that the# can not be opened e!cept b# means of three distinct ke#s and b# destro#ing such safet# devices. 4b5 2n case of the destruction or disappearance of an# ballot bo! on election da# the board of election inspectors shall immediatel# report it to the cit# or municipal treasurer who shall furnish another bo! or receptacle as e7uall# ade7uate as possible. The election registrar shall report the incident and the deliver# of a new ballot bo! b# the fastest means of communication on the same da# to the Commission and to the provincial election supervisor. 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 tall# board where the names of all the registered candidates or the issues or 7uestions to be voted upon shall be written and the poll clerk shall record thereon the votes received b# each of them as the chairman of the board of election inspectors reads the ballot. Section 1!1.
Furnis$ing of ballot boxes' forms' stationeries and materials for election. - The Commission shall prepare and furnish the ballot bo!es forms stationeries and materials necessar# for the registration of voters and the holding of the election. Section 1!2.
The provincial cit# and municipal treasurer shall have custod# 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 an# loss destruction impairment or damage of an# election e 7uipment material or document in their possession furnished under this Code. +nspection of polling places. - ,efore the da# of the election referendum or plebiscite the Chairman of the Commission shall through its authori6ed representatives see to it that all polling places are inspected and such omissions and defects as ma# be found corrected. The Commission shall keep the reports on these inspections. Section 1!3.
ARTICLE (IV BOARD OF ELECTION INSPECTORS
Composition and appointment of board of election inspectors. - At least thirt# da#s 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 da#s before a special election the Commission shall directl# or through its dul# authori6ed 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 priorit# 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 the# are assigned and the date of the appointment. Section 1!4.
Oat$ of t$e members of t$e board of election inspectors. - The members of the board of election inspectors whether permanent substitute or temporar# shall before assuming their office take and sign an oath upon forms prepared b# the Commission before an officer authori6ed to administer oaths or in his absence before an# other member of the board of election inspectors present or in case no one is present the# shall take it before an# voter. The oaths shall be sent immediatel# to the cit# or municipal treasurer. Section 1!.
ualification of members of t$e board of election inspectors. - =o 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 cit# or municipalit# has never been convicted of an# election offense or of an# other crime punishable b# more than si! months of imprisonment or if he has pending Section 1!!.
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BATAS PAMBANSA BLG. 881 against him an information for an# e lection offense. 1e must be able to speak and write English or the local dialect. Disualification. - =o person shall serve as chairman or member of the board of election inspectors if he is related within the fourth civil degree of consanguinit# or affinit# to an# member of the board of election inspectors or to an# candidate to be voted for in the polling place or his spouse. Section 1!".
Po,ers of t$e board of election inspectors. - The board of election inspectors shall have the following powers and functions$ Section 1!#.
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 the# are assigned to assure the holding of the same in a free orderl# and honest manner) and c. Perform such other functions prescribed b# this Code or b# the rules and regulations promulgated b# the Commission. "oting privilege of members of board of election inspectors. - +embers of the board of election inspectors and their substitutes ma# vote in the polling place where the# are assigned on election da#$ Provided That the# are registered voters within the province cit# or municipalit# where the# are assigned$ and Provided finall# That their voting in the polling places where the# are not registered voters be noted in the minutes of the board of election inspectors. Section 1!$.
!elief and substitution of members of t$e board of election inspectors. - Public school teachers who are members of the board of election inspectors shall not be relieved nor dis7ualified from acting as such members e!cept for cause and after due hearing. Section 1"%.
An# member of the board of election inspectors nominated b# a political part# as well as his substitute ma# at an# time be relieved from office and substituted with another having the legal 7ualifications upon petition of the authori6ed representative of the part# 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. 3aid record shall be signed b# each member of the board of election inspectors including the incoming and outgoing officers. "acancy in t$e board of election inspectors. - Ever# vacanc# in the board of election inspectors shall be filled for the remaining period in the manner hereinbefore prescribed. Section 1"1.
Proceedings of t$e board of election inspectors. - The meetings of the board of election inspectors shall be public and shall be held onl# in the polling place authori6ed b# the Commission. Section 1"2.
The board of election inspectors shall have full authorit# 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. 2f an# person shall refuse to obe# lawful orders of the board of election inspectors or shall conduct himself in a disorderl# manner in its presence or within its hearing and thereb# interrupt or disturb its proceedings the board of election inspectors ma# issue an order in writing directing an# peace officer to take such person into custod# until the ad9ournment of the meeting but such order shall not be e!ecuted as to prevent an# person so taken into custod# from e!ercising his right to vote. 3uch order shall be e!ecuted b# an# peace officer to whom it ma# be delivered but if none be present b# an# other person deputi6ed b# the b oard of election inspectors in writing. Pro$ibition of political activity. - =o member of the board of election inspectors shall engage in an# partisan political activit# or take part in the election e!cept to discharge his duties as such and to vote. Section 1"3.
Functioning of t$e board of election inspectors. - The board of election inspectors shall act through its chairman and shall decide without dela# b # ma9orit# vote all 7uestions which ma# arise in the performance of its duties. Section 1"4.
Temporary vacancies. - 2f at the time of the meeting of the board of election inspectors an# 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 an# non-partisan registered voter of the polling place to temporaril# fill said vacanc# until the absent member appears or the vacanc# is filled. 2n case there are two or more members present the# shall act 9ointl#$ Provided That if the absent member is one who has been proposed b# an accredited political part# the representative of said political part# or in his absence the watchers belonging to said part# shall designate a registered voter of the polling place to temporaril# fill said vacanc#$ Provided further That in the event or refusal or failure of either representative or watchers of said political part# to make the designation the members of the Section 1".
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BATAS PAMBANSA BLG. 881 board of election inspectors present shall choose a non-partisan registered voter of the polling place to fill the vacanc#. Temporary designation of members of t$e board of election inspectors by ,atc$ers. - 2f at the time the board of election inspectors must meet all the positions in the board of election inspectors are vacant o r if not one of the appointed members shall appear the watchers present ma# designate voters of the polling place to act in the place of said members until the absentees shall appear or the vacancies are f illed. Section 1"!.
Section 1"". Arrest
of absent members. - The member or members of the board of election inspectors present ma# order the arrest of an# other member or substitute thereof who in their 9udgment has absented himself with intention of obstructing the performance of duties of the board of election inspectors. ARTICLE (V )ATCHERS
Official ,atc$ers of candidates. - Ever# registered political part# coalition of political parties and ever# independent candidate shall each be entitled to one watcher in ever# polling place. Section 1"#.
=o person shall be appointed watcher unless he is a 7ualified voter of the cit# or municipalit# of good reputation and shall not have been convicted b# final 9udgment of an# election offense or of an# other crime must know how to read and write Pilipino English 3panish or an# of the prevailing local dialects and not related within the fourth civil degree of consanguinit# or affinit# to the chairman or an# member of the board of election inspectors in the polling place where h e seeks appointment as a watcher. Each candidate political part# or coalition of political parties shall designate in ever# province highl# urbani6ed cit# or district in the +etropolitan +anila area a representative authori6ed to appoint watchers furnishing the provincial election supervisor or the cit# election registrar as the case ma# 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. 2n the case of +etropolitan +anila the designation of the persons authori6ed to appoint watchers shall be filed with the Commission which shall furnish the list of such representatives to the respective cit# and municipal election registrars. !ig$ts and duties of ,atc$ers. - pon 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 dis7ualified under the second paragraph of 3ection %?>. The appointments of the watchers shall bear the personal signature or the facsimile signature of the candidate or the dul# authori6ed representatives of the political part# or coalition of political parties who appointed him or of organi6ations authori6ed b# the Commission under 3ection %>(. The watchers shall have the right to sta# in the space reserved for them inside the polling place. The# 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 the# ma# see or hear to take photographs of the proceedings and incidents if an# during the counting of votes as well as of election returns tall# boards and ballot bo!es to file a protest against an# irregularit# or violation of law which the# believe ma# have been committed b# the board of election inspectors or b# an# of its members or b# an# persons to obtain from the board of election inspectors a certificate as to the filing of such protest andIor of the resolution thereon to read the ballots after the# shall have been read b# the chairman as well as the election returns after the# shall have been completed and signed b# the members of the board of election inspectors without touching them but the# shall not speak to an# member of the board of e lection inspectors or to an# 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 dul# signed and thumbmarked b# the chairman and all the members of the board of election inspectors. efusal 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 penali6ed under this Code. Section 1"$.
Ot$er ,atc$ers. - The dul# accredited citi6ens arm of the Commission shall be entitled to appoint a watcher in ever# polling p lace. Other civic religious professional business service #outh and an# other similar organi6ations with prior authorit# of the Commission shall be entitled collectivel# to appoint one watcher in ever# polling place. Section 1#%.
ARTICLE (VI OFFICIAL BALLOTS AND ELECTION RETURNS
Official ballots. - ,allots for national and local offices shall be of uniform si6e and color and shall be provided at public e!pense. The# shall be printed on paper with watermarks or other marks that will readil# distinguish the ballot paper from ordinar# 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. 2t shall bear at the top on the middle portion thereof the coat of arms of the epublic of the Section 1#1.
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BATAS PAMBANSA BLG. 881 Philippines the words "Official ,allot" the name of the cit# or the municipalit# and province in which the election is held the date of the election and the following notice$ "
The municipal treasurer shall not undertake the preparation of the emergenc# ballots unless the political parties candidates and the organi6ations collectivel# authori6ed b# the Commission to designate watchers have been sufficientl# notified to send their representatives and have agreed in writing to the preparation and use of emergenc# ballots. !euisition of official ballots and election returns. - Official ballots and election returns shall be printed upon orders of the Commission. e7uisition of official ballots shall be for each cit# and municipalit# at the rate of one and one-fifth ballots for ever# registered voter in the ne!t preceding election) and for election returns at one set thereof for ever# polling place. Section 1#3.
Printing of official ballots and elections returns. - The official ballots and election returns shall be printed b# the :overnment Printing Office andIor the Central ,ank printing facilities e!clusivel# under the e!clusive supervision and control of the Commission which shall determine and provide the necessar# securit# measures in the printing storage and distribution thereof. Section 1#4.
Each ballot shall be 9oined b # a perforated line to a stub numbered consecutivel# beginning with number "%" in each cit# and municipalit#. 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 cit# or municipalit# 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 fift# or one hundred ballots each as ma# be re7uired. The election returns shall be prepared in sets of si! copies per set and shall be numbered consecutivel# beginning with number "%" in each cit# and municipalit#. 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 clearl# reproduced on the other copies thereof and shall bear the name of the cit# or municipalit# in which the returns are to be used.
Distribution of official ballots and election returns. - The official ballots and the election returns shall be distributed b# the Commission to each cit# and municipalit# at the rate of one and one-fifth ballots for ever# voter registered in each polling place) and for election returns at the rate of one set each for ever# polling place. Section 1#!.
The provincial cit# or municipal treasurer shall respectivel# keep a record of the 7uantit# and serial numbers of official ballots and election returns furnished the various provinces cities municipalities and polling places as
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BATAS PAMBANSA BLG. 881 the case ma# be legible copies of which record shall be furnished the dul# authori6ed provincial cit# or municipal representatives of the ruling part# and the dominant opposition part# and the Commission immediatel# after the distribution is made of such o fficial ballots and election returns. The Commission shall prescribe the use of official deliver# receipts to be signed b# the election registrar and the chairman of the board of canvassers upon receipt of the election returns. =o official ballots or election returns shall be delivered to the board of election inspectors earlier than the first hour of election da#$ Provided however That the Commission after written notice to the registered political parties and the candidates ma# for 9ustifiable reasons authori6e the deliver# of said official ballots and election returns to the board of election inspectors of an# particular polling place at an earlier date. 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 b# the Commission on Audit and the last two to be designated b# the ruling part# and the dominant opposition part# to act as its representatives in supervising the printing storage and distribution of official ballots and election returns. Section 1#".
pon the re7uest of an# candidate political part# or of civic religious professional business service #outh or an# similar organi6ations collectivel# designated b# the Commission the latter shall allow an# person designated b# an# of the former as watcher to observe the proceedings of the committee on the printing of official ballots and election returns file ob9ections if an# witness the printing and distribution of the ballots and the returns and guard the premises of the printer. Duties of t$e committee on printing of official ballots and election returns. - nder such orders or instructions as the Commission ma# 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 4a5 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 4b5 supervise all aspects relating to the printing storage and shipment of official ballots and election returns and report to the Commission an# irregularit# which the# believe ma# have been committed and 4c5 perform such other related functions as the Commission ma# direct. Section 1##.
!epresentatives of t$e registered political parties in t$e verification and distribution of official ballots and election returns. - The ruling part# and the dominant opposition part# or their respective dul# authori6ed 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 cit# and municipal treasurer shall verif# the contents of the bo!es containing the shipment of official ballots election returns and sample official ballots received b# the said treasurers. The provincial treasurers shall keep a record of their receipt and distribution to each municipal treasurer while the cit# and municipal treasurer shall each keep a record of their distribution to the board of e lection inspectors. Section 1#$.
ARTICLE (VII CASTING OF VOTES
"oting $ours. - The casting of votes shall start at seven o@clock in the morning and shall end at three o@clock in the afternoon e!cept when there are voters present within thirt# meters in front of the polling place who have not #et cast their votes in which case the voting shall continue but onl# to allow said voters to cast their votes without interruption. The poll clerk shall without dela# prepare a complete list containing the names of said voters consecutivel# numbered and the voters so listed shall be called to vote b# announcing each name repeatedl# three times in the order in which the# are listed. An# voter in the list who is not present when his name is called out shall not be permitted to vote. Section 1$%.
Section 1$1.
Preliminaries to t$e voting. -
4a5 The board of election inspectors shall meet at the polling place at si!-thirt# o@clock in the morning of election da# and shall have the book of voters containing all the approved applications of registration of voters pertaining to the polling place the certified list of voters the certified list of candidates the ballot bo! the official ballots sufficient indelible pencils or ball pens for the use of the voters the forms to be used and all other materials which ma# be necessar#. 4b5 2mmediatel# thereafter the chairman of the board of election inspectors shall open the ballot bo! empt# both of its compartments e!hibit them to all those present and being empt# lock its interior covers with three padlocks. 4c5 The chairman shall forthwith show to the public and the watchers present the package of official ballots received from the cit# or municipal treasurer dul# wrapped and sealed and the number of pads the serial numbers and the t#pe forms of the ballots in each pad appearing on the cover and the book of
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BATAS PAMBANSA BLG. 881 voters dul# sealed. The board of election inspectors shall then break the seals of the package of official ballots and the book of voters. The board of election inspectors shall enter in the minutes the fact that the package of ballots and the book of voters were shown to the public with their wrapping and corresponding seals intact andIor if the# find that the wrapping and seals are broken such fact must be stated in the minutes as well as the number of pads and the serial numbers of ballots that the# find in the package. ,allots with separatel# printed serial numbers shall be deemed spurious and shall not be utili6ed b# the board of election inspectors unless the Commission representative shall order their use in writing stating the reasons therefor. 4d5 The chairman and the two part# members of the board of election inspectors shall retain in their possession their respective ke#s to the padlocks during the voting. 4e5 The bo! shall remain locked until the voting is finished and the counting begins. 1owever if it should become necessar# to make room for more ballots the board of election inspectors ma# open the bo! 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 an# of them after which the board of election inspectors shall close the bo! and lock it with three padlocks as hereinbefore provided. Persons allo,ed in and around t$e polling place. - ;uring the voting no person shall be allowed inside the polling place e!cept 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 e!ceed twice the number of booths and the voters waiting for their turn to cast their votes whose number shall not e!ceed twent# at an# one time. The watchers shall sta# onl# 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. Section 1$2.
2t shall be unlawful for an# officer or member of the Armed
)anner of obtaining ballots. - The voter shall approach the chairman and shall give his name and address together with other data concerning his person. 2n case an# member of the board of election inspectors doubts the identit# of the voter the board of election inspectors shall check his voter@s identification card or if he does not have an# the board of election inspectors shall refer to his photograph and signature in the voter@s application for registration. 2f the board of election inspectors is satisfied with his identit# the chairman shall distinctl# announce the voter@s name in a tone loud enough to be plainl# heard throughout the polling place. 2f such voter has not been challenged or if having been challenged the 7uestion has been d ecided in his favor the voter shall forthwith affi! 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 correctl# folded. =o person other than the chairman shall deliver official ballots nor shall more than one ballot be delivered at one time. Section 1$4.
)anner of preparing t$e ballot. - The voter upon receiving his folded ballot shall forthwith proceed to one of the empt# voting booths and shall there fill his ballot b# writing in the proper space for each o ffice the name of the individual candidate for whom he desires to vote. Section 1$.
=o voter shall be allowed to enter a booth occupied b# another nor enter the same accompanied b# somebod# e!cept as provided for in the succeeding section hereof nor sta# therein for a longer time than necessar# nor
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BATAS PAMBANSA BLG. 881 speak with an#one other than as herein provided while inside the polling place. 2t shall be unlawful to prepare the ballot outside the voting booth or to e!hibit its contents to an# person or to erase an# printing from the ballot or to intentionall# tear or deface the same or put thereon an# distinguishing mark. 2t shall likewise be unlawful to use carbon paper paraffin paper or other means for making a cop# of the contents of the ballot or make use of an# other means to identif# the vote of the voter. Preparation of ballots for illiterate and disabled persons. - A voter who is illiterate or ph#sicall# unable to prepare the ballot b# himself ma# be assisted in the preparation of his ballot b# a relative b# affinit# or consanguinit# within the fourth civil degree or if he has none b# an# person of his confidence who belong to the same household or an# member of the board of election inspectors e!cept the two part# members$ Provided That no voter shall be allowed to vote as illiterate or ph#sicall# disabled unless it is so indicated in his registration record$ Provided further That in no case shall an assistor assist more than three times e!cept the non-part# members of the board o f 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 strictl# in accordance with the instructions of the voter and not to reveal the contents of the ballot prepared b# him. &iolation of this provision shall constitute an election offense. Section 1$!.
#poiled ballots. - 2f a voter should accidentall# spoil or deface a ballot in such a wa# that it cannot lawfull# 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. 2f the second ballot is again spoiled or defaced in such a wa# that it cannot lawfull# be used the same shall be surrendered to the chairman and recorded in the same manner as the first spoiled or defaced ballot. 1owever no voter shall change his ballot more than twice. Section 1$".
The spoiled ballot shall without being unfolded and without removing the detachable coupon be distinctl# marked with the word "spoiled" and signed b# the board of election inspectors on the endorsement fold thereof and immediatel# placed in the compartment for spoiled ballots. Section 1$#.
"oting. -
4a5 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. 4b5 2n the presence of all the members of the board of election inspectors he shall affi! his thumbmark on the corresponding space in the coupon and deliver the folded ballot to the chairman. 4c5 The chairman in the presence and view of the voter and all the members of the board of election inspectors without unfolding the ballot or seeing its contents shall verif# its number from the voting record where it was previousl# entered. 4d5 The voter shall fortwith affi! his thumbmark b# the side of his signature in the space intended for that purpose in the voting record and the chairman shall appl# silver nitrate and commassie blue on the right forefinger nail or on an# other available finger nail if there be no forefinger nail. 4e5 The chairman shall sign in the proper space beside the thumbmark of the voter. 4f5 The chairman after finding ever#thing to be in order shall then detach the coupon in the presence of the board of election inspectors and of the voter and shall deposit the folded ballot in the compartment for valid ballots and the detached coupon in the compartment for spoiled ballots. 4g5 The voter shall then depart. An# 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 an# 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 b# the members of the board of election inspectors. Section 1$$.
C$allenge of illegal voters. -
4a5 An# voter or watcher ma# challenge an# person offering to vote for not being registered for using the name of another or suffering from e!isting dis7ualification. 2n such case the board of election inspectors shall satisf# itself as to whether or not the ground for the challenge is true b# re7uiring proof of registration or the identit# of the voter) and 4b5 =o voter shall be re7uired to present his voter@s affidavit on election da# unless his identit# is challenged. 1is failure or inabilit# to produce his voter@s affidavit upon being challenged shall not
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BATAS PAMBANSA BLG. 881 preclude him from voting if his identit# be shown from the photograph fingerprints or specimen signatures in his approved application in the book of voters or if he is identified under oath b# a member of the board of election inspectors and such identification shall be reflected in the minutes of the board. C$allenge based on certain illegal acts. - An# voter or watcher ma# challenge an# voter offering to vote on the ground that the challenged person has received or e!pects to receive has paid offered or promised to pa# has contributed offered or promised to contribute mone# or an#thing 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 an# such vote or that he has made a bet or is interested directl# or indirectl# 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 an# of the acts alleged in the challenge. pon 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. Section 2%%.
Section 2%1. Admission
of c$allenged vote immaterial in criminal proceedings. - The admission of the challenged vote under the two preceding sections shall not be conclusive upon an# court as to the legalit# of the registration of the voter challenged or his vote in a criminal action a gainst such person for illegal registration or voting. !ecord of c$allenges and oat$s. - The poll clerk shall keep a prescribed record of challenges and oaths taken in connection therewith and the resolution of the board of election inspectors in each case and upon the termination of the voting shall certif# that it contains all the challenges made. The original of this record shall be attached to the original cop# of the minutes of the voting as provided in the succeeding section. Section 2%2.
)inutes of voting and counting of votes. - The board of election inspectors shall prepare and sign a statement in four copies setting forth the following$ Section 2%3.
%. The time the voting commenced and ended) *. The serial numbers of the official ballots and election returns special envelopes and seals received) 0. The number of official ballots used and the number left unused) . The number of voters who cast their votes) /. The number of voters challenged during the voting) B. The names of the watchers present) ?. The time the counting of votes commenced and ended) >. The number of official ballots found inside the compartment for valid ballots) '. The number of valid ballots if an# retrieved from the compartment for spoiled ballots) %(. The number of ballots if an# found folded together) %%. The number of spoiled ballots withdrawn from the compartment for valid ballots) %*. The number of e!cess ballots) %0. The number of marked b allots) %. The number of ballots read and counted) %/. The time the election returns were signed and sealed in their respective special envelopes) %B. The number and nature of protests made b# watchers) and %?. 3uch other matters that the Commission ma# re7uire. Copies of this statement after being dul# accomplished shall be sealed in separate envelopes and shall be distributed as follows$ 4a5 the original to the cit# or municipal election registrar) 4b5 the second cop# to be deposited inside the compartment for valid ballots of the ballot bo!) and 4c5 the third and fourth copies to the representatives of the accredited p olitical parties.
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BATAS PAMBANSA BLG. 881 Disposition of unused ballots at t$e close of t$e voting $ours. - The chairman of the board of election inspectors shall prepare a list showing the number of unused ballots together with the serial numbers. This list shall be signed b# all the members of the board of election inspectors after which all the unused ballots shall be torn halfwa# in the presence of the members of the board of election inspectors. Section 2%4.
Pro$ibition of premature announcement of voting. - =o member of the board of election inspectors shall before the termination of the voting make an# announcement as to whether a certain registered voter has alread# voted or not as to how man# have alread# voted or how man# so far have failed to vote or an# other fact tending to show or showing the state of the polls nor shall he make an# statement at an# time e!cept as witness before a court as to how an# person voted. Section 2%.
ARTICLE (VIII COUNTING OF VOTES
Counting to be public and ,it$out interruption. - As soon as the voting is finished the board of election inspectors shall publicl# count in the polling place the votes cast and ascertain the results. The board of election inspectors shall not ad9ourn or postpone or dela# the count until it has been full# completed unless otherwise ordered b# the Commission. Section 2%!.
The Commission in the interest of free orderl# and honest elections ma# order the board of election inspectors to count the votes and to accomplish the election returns and other forms prescribed under this Code in an# other place within a public building in the same municipalit# or cit#$ Provided That the said public building shall not be located within the perimeter of or inside a militar# or police camp or reservation nor inside a prison compound. Excess ballots. - ,efore proceeding to count the votes the board of election inspectors shall count the ballots in the compartment for valid ballots without unfolding them or e!posing their contents e!cept so far as to ascertain that each ballot is single and compare the number of ballots in the bo! with the number of voters who have voted. 2f there are e!cess ballots the# shall be returned in the bo! and thoroughl# mi!ed therein and the poll clerk without seeing the ballots and with his back to the bo! shall publicl# draw out as ma# ballots as ma# be e7ual to the e!cess and without unfolding them place them in an envelope which shall be marked "e!cess ballots" and which shall be sealed and signed b# 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. 2f in the course of the e!amination ballots are found folded together before the# were deposited in the bo! the# shall be placed in the envelope for e!cess ballots. 2n case ballots with their detachable coupons be found in the bo! such coupons shall be removed and d eposited in the compartment for spoiled ballots and the ballots shall be included in the file of valid ballots. 2f ballots with the words "spoiled" be found in the bo! such ballots shall likewise be placed in the compartment for spoiled ballots. Section 2%".
)ar&ed ballots. - The board of election inspectors shall then unfold the ballots and determine whether there are an# marked ballots and if an# be found the# shall be placed in an e nvelope labelled "marked ballots" which shall be sealed and signed b# the members of the board of e lection inspectors and placed in the compartment for valid ballots and shall not be counted. A ma9orit# vote of the board of election inspectors shall be sufficient to determine whether an# ballot is marked or not. =on-official ballots which the board of election inspectors ma# find e!cept those which have been used as emergenc# ballots shall be considered as marked ballots. Section 2%#.
Compartment for spoiled ballots. - The ballots deposited in the compartment for spoiled ballots shall be presumed to be spoiled ballots whether or not the# contain such notation) but if the board of election inspectors should find that during the voting an# valid ballot was erroneousl# deposited in this compartment or if an# ballot separated as e!cess or marked had been erroneousl# 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 erroneousl# deposited therein. 2t shall then prepare and sign a statement of such fact and lock the bo! with its three ke#s immediatel# thereafter. The valid ballots so withdrawn shall be mi!ed with the other valid ballots and the e!cess 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 h ereinafter provided. Section 2%$.
)anner of counting votes. - The counting of votes shall be made in the following manner$ 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 si6e of the ballots to serve as folders. The chairman of the board of election inspectors shall take the ballots of the first pile one b# one and read the names of candidates voted for and the offices for which the# were voted in the order in which the# appear thereon assuming such a position as to enable all of the watchers to read such names. The chairman shall sign and affi! his right hand thumbmark at the back of the ballot immediatel# after it is counted. The poll clerk and the third member respectivel# shall record on the election returns and the tall# board or sheet each vote as the names voted for each office are read. Section 21%.
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BATAS PAMBANSA BLG. 881 Each vote shall be recorded b# a vertical line e!cept ever# fifth vote which shall be recorded b# a diagonal line crossing the previous four vertical lines. One part# 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 tall# board or sheet and the election returns seeing to it that the same are correctl# 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 tall# board or sheet and on the election returns. 2n case of discrepanc# such recount as ma# be necessar# 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 successivel#. 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 tall# board or sheet and on the election returns. 2t 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 tall# board or sheet a s accomplished and certified b# the board of election inspectors shall not be changed or destro#ed but shall be kept in the compartment for valid ballots. !ules for t$e appreciation of ballots. - 2n the reading and appreciation of ballots ever# ballot shall be presumed to be valid unless there is clear and good reason to 9ustif# its re9ection. The board of election inspectors shall observe the following rules bearing in mind that the ob9ect of the election is to obtain the e!pression of the voter@s will$ Section 211.
%. 8here onl# the first name of a candidate or onl# his surname is written the vote for such candidate is valid if there is no other candidate with the same first name or surname for the same office. *. 8here onl# the first name of a candidate is written on the ballot which when read has a sound similar to the surname of another candidate the vote shall be counted in favor of the candidate with such surname. 2f there are two or more candidates with the same full name first name or surname and one of them is the incumbent and on the ballot is written onl# such full name first name or surname the vote shall be counted in favor of the incumbent. 0. 2n case the candidate is a woman who uses her maiden or married surname or both and there is another candidate with the same surname a ballot bearing onl# such surname shall be counted in favor of the candidate who is an incumbent. . 8hen two or more words are written on the same line on the ballot all of which are the surnames of two or more candidates the same shall not be counted for an# of them unless one is a surname of an incumbent who has served for at least one #ear in which case it shall be counted in favor of the latter. 8hen two or more words are written on different lines on the ballot all of which are the surnames of two or more candidates bearing the same surname for an office for which the law authori6es the election of more than one and there are the same number of such surnames written as there are candidates with that surname the vote shall be counted in favor of all the candidates bearing the surname. /. 8hen on the ballot is written a single word which is the first name of a candidate and which is at the same time the surname of his opponent the vote shall be counted in favor of the latter. B. 8hen two words are written on the ballot one of which is the first name of the candidate and the other is the surname of his opponent the vote shall not be counted for either. ?. A name or surname incorrectl# written which when read has a sound similar to the name or surname of a candidate when correctl# written shall be counted in his favor) >. 8hen a name of a candidate appears in a space of the ballot for an office for which he is a candidate and in another space for which he is not a candidate it shall be counted in his favor for the office for which he is a candidate and the vote for the office for which he is not a candidate shall be considered as stra# e!cept when it is used as a means to identif# the voter in which case the whole ballot shall be void. 2f the word or words written on the appropriate blank on the ballot is the identical name or surname or full name as the case ma# be of two or more candidates for the same office none of whom is an incumbent the vote shall be counted in favor of that candidate to whose ticket belong all the other candidates voted for in the same ballot for the same constituenc#. '. 8hen in a space in the ballot there appears a name of a candidate that is erased and another clearl# written the vote is valid for the latter. %(. The erroneous initial of the first name which accompanies the correct surname of a candidate the erroneous initial of the surname accompan#ing the correct first name of a candidate or the erroneous middle initial of the candidate shall not annul the vote in favor of the latter.
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BATAS PAMBANSA BLG. 881 %%. The fact that there e!ists another person who is not a candidate with the first name or surname of a candidate shall not prevent the ad 9udication of the vote of the latter. %*. ,allots which contain prefi!es such as "3r." "+r." ";atu" ";on" ":inoo" "1on." ":ob." or suffi!es like "1i9o" "r." "3egundo" are valid. %0. The use of the nicknames and appellations of affection and friendship if accompanied b# the first name or surname of the candidate does not annul such vote e!cept when the# were used as a means to identif# the voter in which case the whole ballot is invalid$ Provided That if the nickname used is unaccompanied b# the name or surname of a candidate and it is the one b# which he is generall# or popularl# known in the localit# the name shall be counted in favor of said candidate if there is no other candidate for the same office with the same nickname. %. An# vote containing initials onl# or which is illegible or which does not sufficientl# identif# the candidate for whom it is intended shall be considered as a stra# vote but shall not invalidate the whole ballot. %/. 2f on the ballot is correctl# written the first name of a candidate but with a different surname or the surname of the candidate is correctl# written but with different first name the vote shall not be counted in favor of an# candidate having such first name andIor surname but the ballot shall be considered valid for other candidates. %B. An# ballot written with cra#on lead pencil or in ink wholl# o r in part shall be valid. %?. 8here there are two or more candidates voted for in an office for which the law authori6es the election of onl# one the vote shall not be counted in favor of an# of them but this shall not affect the validit# of the other votes therein. %>. 2f the candidates voted for e!ceed the number of those to be e lected the ballot is valid but the votes shall be counted onl# in favor of the candidates whose names were firstl# written b# the voter within the spaces provided for said office in the ballot until the authori6ed number is covered. %'. An# vote in favor of a person who has not filed a certificate of candidac# or in favor of a candidate for an office for which he did not present himself shall be considered as a stra# vote but it shall not invalidate the whole ballot. *(. ,allots containing the name of a candidate printed and pasted on a blank space of the ballot or affi!ed thereto through an# mechanical process are totall# null a nd void. *%. Circles crosses or lines put on the spaces on which the voter has not voted shall be considered as signs to indicate his desistance from voting and shall not invalidate the ballot. **. nless it should clearl# appear that the# have been deliberatel# put b# the voter to serve as identification marks commas dots lines or h#phens between the first name and surname of a candidate or in other parts of the ballot traces of the letter "T" "" and other similar ones the first letters or s#llables of names which the voter does not continue the use of two or more kinds of writing and unintentional or accidental flourishes strokes or strains shall not invalidate the ballot. *0. An# ballot which clearl# appears to have been filled b# two distinct persons before it was deposited in the ballot bo! during the voting is totall# null and void. *. An# vote cast in favor of a candidate who has been dis7ualified b# final 9udgment shall be considered as stra# and shall not be counted but it shall not invalidate the ballot. */. ,allots wholl# written in Arabic in localities where it is of general use are valid. To read them the board of election inspectors ma# emplo# an interpreter who shall take an oath that he shall read the votes correctl#. *B. The accidental tearing or perforation of a ballot does not annul it. *?. . A vote for the President shall also be a vote for the &ice-President running under the same ticket of a political part# unless the voter votes for a &ice-President who does not belong to such part#.
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BATAS PAMBANSA BLG. 881 Election returns. - The board of election inspectors shall prepare the election returns simultaneousl# with the counting of the votes in the polling place as prescribed in 3ection *%( hereof. The return shall be prepared in se!tuplicate. The recording of votes shall be made as prescribed in said section. The entr# 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 o f all the members likewise to be affi!ed in full view of the public immediatel# after the last vote recorded or immediatel# after the name of the candidate who did not receive an# vote. Section 212.
The returns shall also show the date of the election the polling place the baranga# and the cit# of municipalit# 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 the# were erroneousl# placed therein the total number of e!cess ballots the total number of marked or void ballots and the total number of votes obtained b# each candidate writing out the said number in words and figures and at the end thereof the board of election inspectors shall certif# that the contents are correct. The returns shall be accomplished in a single sheet of paper but if this is not possible additional sheets ma# be used which shall be prepared in the same manner as the first sheet and likewise certified b# the board of election inspectors. The Commission shall take steps so that the entries on the first cop# of the election returns are clearl# reproduced on the second third f ourth fifth and si!th copies thereof and for this purpose the Commission shall use a special kind of paper. 2mmediatel# upon the accomplishment of the election returns each cop# 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. An# election return with a separatel# 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 b# the board of canvassers prior to its can vassing on the basis of the certification of the provincial cit# 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. 2f the signatures andIor thumbmarks of the members of the board of election inspectors or some of them as re7uired in this provision are missing in the election returns the board of canvassers ma# summon the members of the board of election inspectors concerned to complete the returns. Proclamation of t$e result of t$e election in t$e polling place. - pon the completion of the election returns the chairman of the board of election inspectors shall orall# and publicl# announce the total number of votes received in the election in the polling place b# each and ever# one of the candidates stating their corresponding office. Section 213.
Section 214.
Disposition of election returns. -
4%5 2n a presidential election$ the board of election inspectors shall prepare in handwriting and sign the returns of the election in se!tuplicate in their respective polling place in a form to be prescribed b# the Commission. One cop# shall be deposited in the compartment of the ballot bo! for valid ballots and in the case of municipalities two copies including the original cop# shall be handed to the municipal election registrar who shall immediatel# deliver the original cop# to the provincial election supervisor and forward the other cop# to the Commission and one cop# each to the authori6ed representatives of the accredited political parties. 2n the case of the cities the cit# registrar shall retain the original cop# for submission to the provincial election supervisor and forward the other cop# to the Commission. 4*5 2n the election for +embers of the ,atasang Pambansa$ the original of the election returns shall be delivered to the election registrar of the cit# or municipalit# for transmittal to the chairman of the provincial board of canvassers and direct to the chairman of the cit# or district board of canvassers in the urbani6ed cities and the districts of +etropolitan +anila as the case ma# be for use in the canvass. The second cop# shall likewise be delivered to the election registrar for transmittal to the Commission. The third cop# shall be deposited in the compartment for valid ballots. The fourth cop# shall be delivered to the election registrar who shall use said cop# in the tabulation of the advance results of the election in the cit# or municipalit#. The fifth and si!th copies shall each respectivel# be delivered to the members representing political parties represented in the board of election inspectors. 405 2n local elections$ the original cop# of the election returns shall be delivered to the cit# or municipal board of canvassers as a bod# for its use in the cit# of municipal canvass. The second cop# shall be delivered to the election registrar of the cit# or municipalit# for transmittal to the provincial board of canvassers as a bod# for its use in the provincial canvass. The third cop# shall likewise be delivered to the election registrar for transmittal to the Commission. The fourth cop# shall be deposited in the compartment for valid ballots. The fifth and si!th copies shall each respectivel# be delivered to the members representing the political parties represented in the board of election inspectors.
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BATAS PAMBANSA BLG. 881 The Commission shall promulgate rules for the speed# and safe deliver# of the election returns. %oard of election inspectors to issue a certificate of t$e number of votes polled by t$e candidates for an office to t$e ,atc$ers. - After the announcement of the results of the election and before leaving the polling place it shall be the dut# of the board of election inspectors to issue a certificate of the number of the votes received b# a candidate upon re7uest of the watchers. All the members of the board of election inspectors shall sign the certificate. Section 21.
Section 21!. Alterations
and corrections in t$e election returns. - An# correction or alteration made in the election returns b# the board of election inspectors before the announcement of the results of the election in the polling place shall be dul# initialed b# 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 an# alteration or amendment in an# of the copies of the election returns unless so ordered b# the Commission upon petition of the members of the board of election inspectors within five da#s from the date of the election or twent#-four hours from the time a cop# of the election returns concerned is opened b# the board of canvassers whichever is earlier. The petition shall be accompanied b# proof of service upon all candidates affected. 2f the petition is b# all members of the board of election inspectors and the results of the election would not be affected b# said correction and none of the candidates affected ob9ects thereto the Commission upon being satisfied of the veracit# 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. 1owever if a candidate affected b# said petition ob9ects thereto whether the petition is filed b# all or onl# a ma9orit# of the members of the board of election inspectors and the results of the election would be affected b# the correction sought to be made the Commission shall proceed summaril# to hear the petition. 2f it finds the petition meritorious and there are no evidence or signs indicating that the identit# and integrit# of the ballot bo! have been violated the Commission shall order the opening of the ballot bo!. After satisf#ing itself that the integrit# of the ballots therein has also been dul# 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 bo!. Delivery of t$e ballot boxes' &eys and election supplies and documents. - pon 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 tall# board or sheet a cop# of the election returns and the minutes of its proceedings and then shall lock the ballot bo! with three padlocks and such safet# devices as the Commission ma# prescribe. 2mmediatel# after the bo! is locked the three ke#s of the padlocks shall be placed in three separate envelopes and shall be sealed and signed b# all the members of the board of election inspectors. Section 21".
The authori6ed representatives of the Commission shall forthwith take deliver# of said envelopes signing a receipt therefor and deliver without dela# one envelope to the provincial treasurer another to the provincial fiscal and the other to the provincial election supervisor. The ballot bo! all supplies of the board of election inspectors and all pertinent papers and documents shall immediatel# be delivered b# the board o f election inspectors and the watchers to the cit# or municipal treasurer who shall keep his office open all night on the da# of election if necessar# for this purpose and shall provide the necessar# facilities for said deliver# at the e!pense of the cit# or municipalit#. The book of voters shall be returned to the election registrar who shall keep it under his custod#. The treasurer and the election registrar as the case ma# be shall on the da# after the election re7uire the members of the board of election inspectors who failed to send the ob9ects referred to herein to deliver the same to him immediatel# and acknowledge receipt thereof in detail. Preservation of t$e voting record. - The voting record of each polling place shall be delivered to the election registrar who shall have custod# of the same keeping them in a safe place until such time that the Commission shall give instructions on their disposition. Section 21#.
Section 21$.
Preservation of t$e ballot boxes' t$eir &eys and disposition of t$eir contents. -
4a5 The provincial election supervisor the provincial treasurer and the provincial fiscal shall keep the envelope containing the ke#s in their possession intact during the period of three months following the election. pon the lapse of this period unless the Commission has ordered o therwise the provincial election supervisor and the provincial fiscal shall deliver to the provincial treasurer the envelope containing the ke#s under their custod#. 4b5 The cit# and municipal treasurer shall keep the ballot bo!es under their responsibilit# for three months and stored unopened in a secure place unless the Commission orders otherwise whenever said ballot bo!es are needed in an# political e!ercise which might be called within the said period provided these are not involved in an# election contest or official investigation or the Commission or
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BATAS PAMBANSA BLG. 881 other competent authorit# shall demand them sooner or shall order their preservation for a longer time in connection with an# pending contest or investigation. 1owever upon showing b# an# candidate that the bo!es will be in danger of being violated if kept in the possession of such officials the Commission ma# order them kept b# an# other official whom it ma# designate. pon the lapse of said time and if there should be no order to the contrar# the Commission ma# authori6e the cit# and municipal treasurer in the presence of its representative to open the bo!es and burn their contents e!cept the cop# of the minutes of the voting and the election returns deposited therein which the# shall take and keep. 4c5 2n case of calamit# or fortuitous event such as fire flood storm or other similar calamities which ma# actuall# cause damage to the ballot bo!es andIor their contents the Commission ma# authori6e the opening of said ballot bo!es to salvage the ballots and other contents b# placing them in other ballot bo!es taking such other precautionar# measures as ma# be necessar# to preserve such documents. Documents and articles omitted or erroneously placed inside t$e ballot box. - 2f after the deliver# of the ke#s of the ballot bo! to the proper authorities the board of election inspectors shall discover that some documents or articles re7uired to be placed in the ballot bo! were not placed therein the board of election inspectors instead of opening the ballot bo! in order to place therein said documents or articles shall deliver the same to the Commission or its dul# authori6ed representatives. 2n no instance shall the ballot bo! be reopened to place therein or take out therefrom an# document or article e!cept to retrieve copies of the election returns which will be needed in an# canvass and in such e!cepted 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 bo!$ Provided however That if there are other copies of the election returns outside of the ballot bo! which can be used in canvass such copies of the election returns shall be used in said canvass and the opening of the ballot bo! to retrieve copies of the election returns placed therein shall then b e dispensed with. Section 22%.
ARTICLE (I( CANVASS AND PROCLAMATION
%oard of canvassers. - There shall be a board of canvassers for each province cit# municipalit# and district of +etropolitan +anila as follows$ Section 221.
4a5 Provincial board of canvassers. - the provincial board of canvassers shall be composed of the provincial election supervisor or a senior law#er in the regional office of the Commission as chairman the provincial fiscal as vice-chairman and the provincial superintendent of schools and one representative from each of the ruling part# and the dominant opposition political part# in the constituenc# concerned entitled to be represented as members. 4b5 Cit# board of canvassers. - the cit# board of canvassers shall be composed of the cit# election registrar or a law#er of the Commission as chairman the cit# fiscal and the cit# superintendent of schools and one representative from each of the ruling part# and the dominant opposition political part# entitled to be represented as members. 4c5 ;istrict board of canvassers of +etropolitan +anila - the district board of canvassers shall be composed of a law#er 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 +inistr# of ustice and the +inistr# of Education Culture and 3ports respectivel# and one representative from each of the ruling part# and the dominant opposition political part# in the constituenc# concerned as members. 4d5 +unicipal 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 an# public school principal in the municipalit# and one representative from each of the ruling part# and the dominant opposition political part# entitled to be represented as members. 4e5 ,oard of canvassers for newl# created political subdivisions - the Commission shall constitute a board of canvassers and appoint the members thereof for the first election in a newl# created province cit# or municipalit# in case the officials who shall act as members thereof have not #et assumed their duties and functions. !elations$ip ,it$ candidates and ot$er members. - The chairman and the members of the board of canvassers shall not be related within the fourth civil degree of consanguinit# or affinit# to an# of the candidates whose votes will be canvassed b# said board or to an# member of the same board. Section 222.
Pro$ibition against leaving official station. - ;uring the period beginning election da# 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 authorit# of the Commission. Section 223.
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BATAS PAMBANSA BLG. 881 Feigned illness. - An# member of the board of canvassers feigning illness in order to be substituted on election da# until the proclamation of the winning candidates shall be guilt# of an election offense. Section 224.
"ote reuired. - A ma9orit# vote of all the members of the board of canvassers shall be necessar# to render a decision. Section 22.
+ncapacity and substitution of members of boards of canvassers. - 2n case of non-availabilit# absence dis7ualification due to relationship or incapacit# for an# cause of the chairman the Commission shall designate the provincial or cit# fiscal to act as chairman. ikewise in case of non-availabilit# absence dis7ualification due to relationship or incapacit# for an# cause of such designee the ne!t ranking provincial or cit# fiscal shall be designated b# the Commission and such designation shall pass to the ne!t in rank until the designee 7ualifies. 8ith respect to the other members of the board of canvassers the Commission shall appoint as substitute the provincial cit# or municipal officers of other government agencies in the province cit# or municipalit# as the case ma# be and with respect to the representatives of the accredited political parties the Commission shall appoint as substitutes those nominated b# the said political parties. Section 22!.
#upervision and control over board of canvassers. - The Commission shall have direct control and supervision over the board of canvassers. Section 22".
An# member of the board of canvassers ma# at an# time be relieved for cause and substituted motu proprio b# the Commission. otice of meeting of t$e board. - At least five da#s before the meeting of the board the chairman of the board shall give notice to all members thereof and to each candidate and political part# of the date time and place of the meeting. Section 22#.
Section 22$.
)anner of delivery and transmittal of election returns. -
4a5
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BATAS PAMBANSA BLG. 881 Canvass by t$e board. - The board of canvassers shall meet not later than si! o@clock in the afternoon of election da# at the place designated b# the Commission to receive the election returns and to immediatel# canvass those that ma# have a lread# been received. 2t shall meet continuousl# from d a# to da# until the canvass is completed and ma# ad9ourn but onl# for the purpose of awaiting the other election returns from other polling places within its 9urisdiction. Each time the board ad9ourns it shall make a total of all the votes canvassed so far for each candidate for each office furnishing the Commission in +anila b# the fastest means of communication a certified cop# thereof and making available the data contained therein to the mass media and other interested parties. As soon as the other election returns are delivered the board shall immediatel# resume canvassing until all the returns have been canvassed. Section 231.
The respective board of canvassers shall prepare a certificate of canvass dul# signed and affi!ed with the imprint of the thumb of the right hand of each member supported b# a statement of the votes received b# each candidate in each polling place and on the basis thereof shall proclaim as elected the candidates who obtained the highest number of votes cast in the province cit# municipalit# or baranga#.
($en t$e election returns are delayed' lost or destroyed. - 2n case its cop# of the election returns is missing the board of canvassers shall b# messenger or otherwise obtain such missing election returns from the board of election inspectors concerned or if said returns have been lost or destro#ed the board of canvassers upon prior authorit# of the Commission ma# use an# of the authentic copies of said election returns or a certified cop# of said election returns issued b# the Commission and forthwith direct its representative to investigate the case and immediatel# report the matter to the Commission. Section 233.
The board of canvassers notwithstanding the fact that not all the election returns have been received b# it ma# terminate the canvass and proclaim the candidates elected on the basis of the available election returns if the missing election returns will not affect the results of the election. )aterial defects in t$e election returns. - 2f it should clearl# appear that some re7uisites 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 b# the most e!peditious means for the same board to effect the correction$ Provided That in case of the omission in the election returns of the name of an# candidate andIor his corresponding votes the board of canvassers shall re7uire the board of election inspectors concerned to complete the necessar# data in the election returns and affi! therein their initials$ Provided further That if the votes omitted in the returns cannot be ascertained b# other means e!cept b# recounting the ballots the Commission after satisf#ing itself that the identit# and integrit# of the ballot bo! have not been violated shall order the board of election inspectors to open the ba llot bo! and also after satisf#ing itself that the integrit# of the ballots therein has been dul# 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. Section 234.
The right of a candidate to avail of this provision shall not be lost or affected b# the fact that an election protest is subse7uentl# filed b# an# of the candidates.
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BATAS PAMBANSA BLG. 881 ($en election returns appear to be tampered ,it$ or falsified. - 2f the election returns submitted to the board of canvassers appear to be tampered with altered or falsified after the# have left the hands of the board of election inspectors or otherwise not a uthentic or were prepared b# the board of election inspectors under duress force intimidation or prepared b# persons other than the member of the board of election inspectors the board of canvassers shall u se the other copies of said election returns and if necessar# the cop# inside the ballot bo! which upon previous authorit# given b# the Commission ma# be retrieved in accordance with 3ection **( hereof. 2f the other copies of the returns are likewise tampered with altered falsified not authentic prepared under duress force intimidation or prepared b# persons other than the members of the board of election inspectors the board of canvassers or an# 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 satisf#ing itself that nothing in the ballot bo! indicate that its identit# and integrit# have been violated order the opening of the ballot bo! and likewise after satisf#ing itself that the integrit# of the ballots therein has been dul# 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 b# the board of canvassers as basis of the canvass. Section 23.
Discrepancies in election returns. - 2n case it appears to the board of canvassers that there e!ists discrepancies in the other authentic copies of the election returns from a polling place or discrepancies in the votes of an# 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 an# candidate affected and after due notice to all candidates concerned shall proceed summaril# to determine whether the integrit# of the ballot bo! had been preserved and once satisfied thereof shall order the opening of the ballot bo! to recount the votes cast in the polling place solel# for the purpose of determining the true result of the count of votes of the candidates concerned. Section 23!.
($en integrity of ballots is violated. - 2f upon the opening of the b allot bo! as ordered b# the Commission under 3ections *0 *0/ and *0B hereof it should appear that there are evidence or signs of replacement tampering or violation of the integrit# of the ballots the Commission shall not recount the ballots but shall forthwith seal the ballot bo! and order its safekeeping. Section 23".
Canvass of remaining or unuestioned returns to continue. - 2n cases under 3ections *00 *0 *0/ and *0B hereof the board of canvassers shall continue the canvass of the remaining or un7uestioned election returns. 2f after the canvass of a ll the said returns it should be determined that the returns which have been set aside will affect the result of the election no proclamation shall be made e!cept upon orders of the Commission after due notice and hearing. An# proclamation made in violation hereof shall be null and void. Section 23#.
(atc$ers. - Each candidate political part# 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 an# irregularit# in the election returns submitted and to obtain from the board of canvassers a resolution thereon. Section 23$.
Election resulting in tie. - 8henever it shall appear from the canvass that two or more candidates have received an e7ual 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 o f canvassers after recording this fact in its minutes shall b# resolution upon five da#s 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 ma# be favored b# luck and the candidates so proclaimed shall have the right to assume office in the same manner as if he had been elected b# pluralit# of vote. The board of canvassers shall forthwith make a certificate stating the name of the candidate who had been favored b# luck and his proclamation on the basis thereof. Section 24%.
=othing in this section shall be construed as depriving a candidate of his right to contest the election.
ARTICLE (( PRE&PROCLAMATION CONTROVERSIES
Definition. - A pre-proclamation controvers# refers to an# 7uestion pertaining to or a ffecting the proceedings of the board of canvassers which ma# be raised b# an# candidate or b# an# registered political part# or coalition of political parties before the board or directl# with the Commission or an# matter raised under 3ections *00 *0 *0/ and *0B in relation to the preparation transmission receipt custod# and appreciation of the election returns. Section 241.
Commission1s exclusive 3urisdiction of all pre-proclamation controversies. - The Commission shall have e!clusive 9urisdiction of all pre-proclamation controversies. 2t ma# motu proprio or upon written petition Section 242.
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BATAS PAMBANSA BLG. 881 and after due notice and hearing order the partial or total suspension of the proclamation of an# candidate-elect or annual partiall# or totall# an# proclamation if one has been made as the evidence shall warrant in accordance with the succeeding sections. +ssues t$at may be raised in pre-proclamation controversy. - The following shall be proper issues that ma# be raised in a pre-proclamation controvers#$ Section 243.
4a5 2llegal composition or proceedings of the board of canvassers) 4b5 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 3ections *00 *0 *0/ and *0B of this Code) 4c5 The election returns were prepared under duress threats coercion or intimidation or the# are obviousl# manufactured or not authentic) and 4d5 8hen substitute or fraudulent returns in controverted polling places were canvassed the results of which materiall# affected the standing of the aggrieved candidate or candidates. Contested composition or proceedings of t$e board. - 8hen the composition or proceedings of the board of canvassers are contested the board of canvassers shall within twent#-four hours make a ruling thereon with notice to the contestant who if adversel# affected ma# appeal the matter to the Commission within five da#s after the ruling with proper notice to the board of canvassers. After due notice and hearing the Commission shall decide the case within ten da#s from the filing thereof. ;uring the pendenc# 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. Section 244.
Contested election returns. - An# candidate political part# or coalition of political parties contesting the inclusion or e!clusion in the canvass of an# election returns on an# of the grounds authori6ed under this article or in 3ections *0 *0/ and *0B of Article H2H shall submit their verbal ob9ections to the chairman of the board of canvassers at the time the 7uestioned returns is presented for inclusion or e!clusion which ob9ections shall be noted in the minutes of the canvassing. Section 24.
The board of canvassers upon receipt of an# such ob9ections shall automaticall# defer the canvass of the contested returns and shall proceed to canvass the rest of the returns which are not contested b# an# part#. 8ithin twent#-four hours from and after the presentation of a verbal ob9ection 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 ob9ections thereto and summaril# rule thereon. 3aid ruling shall be made oral initiall# and then reduced to writing b# the board within twent#-four hours from the time the oral ruling is made. An# part# adversel# affected b# an oral ruling on itsIhis ob9ection shall immediatel# state orall# whether itIhe intends to appeal said ruling. The said intent to appeal shall be stated in the minutes of the canvassing. 2f a part# manifests its intent to appeal the board of canvassers shall set aside the return and proceed to rule on the other contested returns. 8hen all the contested returns have been ruled upon b# it the board of canvassers shall suspend the canvass and shall make an appropriate report to the Commission cop# furnished the parties. The board of canvassers shall not proclaim an# candidate as winner unless authori6ed b# the Commission after the latter has ruled on the ob9ections brought to it on appeal b# the losing part# and an# proclamation made in violation hereof shall be void ab initio unless the contested returns will not adversel# affect the results of the election. #ummary proceedings before t$e Commission. - All pre-proclamation controversies shall be heard summaril# b# the Commission after due notice and hearing and its decisions shall be e!ecutor# after the lapse of five da#s from receipt b# the losing part# of the decision of the Commission unless restrained b# the 3upreme Court. Section 24!.
Partial proclamation. - =otwithstanding the pendenc# of an# pre-proclamation controvers# the Commission ma# 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 b# the outcome of the controvers#. Section 24".
Effect of filing petition to annual or to suspend t$e proclamation. - The filing with the Commission of a petition to annual or to suspend the proclamation of an# candidate shall suspend the running of the period within which to file an election protest or 7uo warranto proceedings. Section 24#.
ARTICLE ((I ELECTION CONTESTS
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BATAS PAMBANSA BLG. 881 2urisdiction of t$e Commission. - The Commission shall be the sole 9udge of all contests relating to the elections returns and 7ualifications of all +embers of the ,atasang Pambansa elective regional provincial and cit# officials. Section 24$.
Election contests for %atasang Pambansa' regional' provincial and city offices. - A sworn petition contesting the election of an# +ember o f the ,atasang Pambansa or an# regional provincial or cit# official shall be filed with the Commission b# an# candidate who has dul# filed a certificate of candidac# and has been voted for the same office within ten da#s after the proclamation of the results of the election. Section 2%.
Election contests for municipal offices. - A sworn petition contesting the election of a municipal officer shall be filed with the proper regional trial court b# an# candidate who has dul# filed a certificate of candidac# and has been voted for the same office within ten da#s after proclamation of the results of the election. Section 21.
Election contest for barangay offices. - A sworn petition contesting the election of a baranga# officer shall be filed with the proper municipal or metropolitan trial court b# an# candidate who has dul# filed a certificate of candidac# and has been voted for the same office within ten da#s after the proclamation of the results of the election. The trial court shall decide the election protest within fifteen da#s after the filing thereof. The decision of the municipal or metropolitan trial court ma# be appealed within ten da#s from receipt of a cop# thereof b# the aggrieved part# to the regional trial court which shall decide the case within thirt# da#s f rom its submission and whose decisions shall be final. Section 22.
Petition for uo ,arranto. - An# voter contesting the election of an# +ember of the ,atasang Pambansa regional provincial or cit# officer on the ground of ineligibilit# or of dislo#alt# to the epublic of the Philippines shall file a sworn petition for 7uo warranto with the Commission within ten da#s after the proclamation of the results of the e lection. Section 23.
An# voter contesting the election of an# municipal or baranga# officer on the ground of ineligibilit# or of dislo#alt# to the epublic of the Philippines shall file a sworn petition for 7uo warranto with the regional trial court or metropolitan or municipal trial court respectivel# within ten da#s after the proclamation of the results of the election. 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 cit# offices not later than thirt# da#s before such elections. 3uch rules shall provide a simple and ine!pensive procedure for the e!peditious disposition of election contests and shall be published in at least two newspapers of general circulation. Section 24.
1owever with respect to election contests involving municipal and baranga# offices the following rules of procedure shall govern$ 4a5 =otice of the protest contesting the election of a candidate for a municipal or baranga# office shall be served upon the candidate b# means of a summons at the postal address stated in his certificate of candidac# e!cept when the protestee without waiting for the summons has made the court understand that he has been notified of the protest or has filed his answer hereto) 4b5 The protestee shall answer the protest within five da#s after receipt of the summons or in case there has been no summons from the date of his appearance and in all cases before the commencement of the hearing of the protest or contest. The answer shall deal onl# with the election in the polling places which are covered b# the allegations of the contest) 4c5 3hould the protestee desire to impugn the votes received b# the protestant in other polling places he shall file a counter-protest within the same period fi!ed for the answer serving a cop# thereof upon the protestant b# registered mail or b# personal deliver# or through the sheriff) 4d5 The protestant shall answer the counter-protest within five da#s after notice) 4e5 8ithin the period of five da#s counted from the filing of the protest an# other candidate for the same office ma# intervene in the case as other contestants and ask for affirmative relief in his favor b# a petition in intervention which shall be considered as another contest e!cept that it shall be substantiated within the same proceedings. The protestant or protestee shall answer the protest in intervention within five da#s after notice) 4f5 2f no answer shall be filed to the contest counter-protest or to the protest in intervention within the time limits respectivel# fi!ed a general denial shall be deemed to have been entered)
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BATAS PAMBANSA BLG. 881 4g5 2n election contest proceedings the permanent registr# list of voters shall be conclusive in regard to the 7uestion as to who had the right to vote in said election. 2udicial counting of votes in election contest. - 8here allegations in a protest or counter-protest so warrant or whenever in the opinion of the court the interests of 9ustice so re7uire it shall immediatel# order the book of voters ballot bo!es and their ke#s ballots and other documents used in the election be brought before it and that the ballots be e!amined and the votes recounted. Section 2.
Section 2!. Appeals.
- Appeals from an# decision rendered b# the regional trial court under 3ection
*/% and paragraph two 3ection */0 hereof with respect to 7uo warranto petitions filed in election contests affecting municipal officers the aggrieved part# ma# appeal to the 2ntermediate Appellate Court within five da#s after receipt of a cop# of the decision. =o motion for reconsideration shall be entertained b# the court. The appeal shall be decided within si!t# da#s after the case has been submitted for decision. Decision in t$e Commission. - The Commission shall decide all election cases brought before it within ninet# da#s from the date of their submission for decision. The decision of the Commission shall become final thirt# da#s after receipt of 9udgment. Section 2".
Preferential disposition of contests in courts. - The courts in their respective cases shall give preference to election contests over all other cases e!cept those of habeas corpus and shall without dela# hear and within thirt# da#s from the date of their submission for de cision but in ever# case within si! months after filing decide the same. Section 2#.
Section 2$. Actual
or compensatory damages. - Actual or compensator# damages ma# be granted in all election contests or in 7uo warranto proceedings in accordance with law. otice of decisions. - The clerk of court and the corresponding official in the Commission before whom an election contest or a 7uo warranto proceeding has been instituted or where the appeal of said case has been taken shall notif# immediatel# the President of the Philippines of the final disposition thereof. 2n election contests involving provincial cit# municipal or baranga# offices notice of such final disposition shall also be sent to the secretar# of the local sanggunian concerned. 2f the decision be that none of the parties has been legall# elected said official shall certif# such decision to the President of the Philippines and in appropriate cases to the Commission. Section 2!%.
ARTICLE ((II ELECTION OFFENSES Section 2!1.
Pro$ibited Acts. - The following shall be guilt# o f an election offense$
4a5 &ote-bu#ing and vote-selling. 4%5 An# person who gives offers or promises mone# or an#thing of value gives or promises an# office or emplo#ment franchise or grant public or private or makes or offers to make an e!penditure directl# or indirectl# or cause an e!penditure to be made to an# person association corporation entit# or communit# in order to induce an#one or the public in general to vote for or against an# candidate or withhold his vote in the election or to vote for or against an# aspirant for the nomination or choice of a candidate in a convention or similar selection process of a political part#. 4*5 An# person association corporation group or communit# who solicits or receives directl# or indirectl# an# e!penditure or promise of an# office or emplo#ment public or private for an# of the foregoing considerations. 4b5 Conspirac# to bribe voters. - Two or more persons whether candidates or not who come to an agreement concerning the commission of an# violation of paragraph 4a5 of this section and decide to commit it. 4c5 8agering upon result of election. - An# person who bets or wagers upon the outcome of or an# contingenc# connected with an election. An# mone# or thing of value or deposit of mone# or thing of value situated an#where in the Philippines put as such bet or wager shall be forfeited to the government. 4d5 Coercion of subordinates. 4%5 An# public officer or an# officer of an# public or private corporation or association or an# head superior or administrator of an# religious organi6ation or an# emplo#er or land-owner who coerces or intimidates or compels or in an# manner influence directl# or indirectl# an# of
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BATAS PAMBANSA BLG. 881 his subordinates or members or parishioners or emplo#ees or house helpers tenants overseers farm helpers tillers or lease holders to a id campaign or vote for or against an# candidate or an# aspirant for the nomination or selection of candidates. 4*5 An# public officer or an# officer of an# commercial industrial agricultural economic or social enterprise or public or private corporation or association or an# head superior or administrator of an# religious organi6ation or an# emplo#er or landowner who dismisses or threatens to dismiss punishes or threatens to punish be reducing his salar# wage or compensation or b# demotion transfer suspension separation e!communication e9ectment or causing him anno#ance in the performance of his 9ob or in his membership an# subordinate member or affiliate parishioner emplo#ee or house helper tenant overseer farm helper tiller or lease holder for disobe#ing or not compl#ing with an# of the acts ordered b# the former to aid campaign or vote for or against an# candidate or an# aspirant for the nomination or selection of candidates. 4e5 Threats intimidation terrorism use of fraudulent device o r other forms of coercion. - An# person who directl# or indirectl# threatens intimidates or actuall# causes inflicts or produces an# violence in9ur# punishment damage loss or disadvantage upon an# person or persons or that of the immediate members of his famil# his honor or propert# or uses an# fraudulent device or scheme to compel or induce the registration or refraining from registration of an# voter or the participation in a campaign or refraining or desistance from an# campaign or the casting of an# vote or omission to vote or an# promise of such registration campaign vote or omission therefrom. 4f5 Coercion of election officials and emplo#ees. - An# person who directl# or indirectl# threatens intimidates terrori6es or coerces an# election official or emplo#ee in the performance of his election functions or duties. 4g5 Appointment of new emplo#ees creation of new position promotion or giving salar# increases. ;uring the period of fort#-five da#s before a regular election and thirt# da#s before a special election 4%5 an# head official or appointing officer of a government office agenc# or instrumentalit# whether national or local including government-owned or controlled corporations who appoints or hires an# new emplo#ee whether provisional temporar# or casual or creates and fills an# new position e!cept upon prior authorit# of the Commission. The Commission shall not grant the authorit# sought unless it is satisfied that the position to be filled is essential to the proper functioning of the office or agenc# concerned and that the position shall not be filled in a manner that ma# influence the election. As an e!ception to the foregoing provisions a new emplo#ee ma# be appointed in case of urgent need$ Provided however That notice of the appointment shall be given to the Commission within three da#s from the date of the appointment. An# appointment or hiring in violation of this provision shall be nu ll and void. 4*5 An# government official who promotes or gives an# increase of salar# or remuneration or privilege to an# government official or emplo#ee including those in government-owned or controlled corporations. 4h5 Transfer of officers and emplo#ees in the civil service. - An# public official who makes or causes an# transfer or detail whatever of an# officer or emplo#ee in the civil service including public school teachers within the election period e!cept upon prior approval of the Commission. 4i5 2ntervention of public officers and emplo#ees. - An# officer or emplo#ee in the civil service e!cept those holding political offices) an# officer emplo#ee or member or the Armed
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BATAS PAMBANSA BLG. 881 4k5 nlawful electioneering. - 2t is unlawful to solicit votes or undertake an# propaganda on the da# of registration before the board of election inspectors and on the da# of election for or against an# candidate or an# political part# within the p olling place and with a radius of thirt# meters thereof. 4l5 Prohibition against dismissal of emplo#ees laborers or tenants. - =o emplo#ee or laborer shall be dismissed nor a tenant be e9ected from his landholdings for refusing or failing to vote for an# candidate of his emplo#er or landowner. An# emplo#ee laborer or tenant so dismissed or e9ected shall be reinstated and the salar# or wage of the emplo#ee or laborer or the share of the harvest of the tenant shall be restored to the aggrieved part# upon application to the proper court. 4m5 Appointment or use of special policemen special agents confidential agents or the like. - ;uring the campaign period on the da# before and on election da# an# appointing authorit# who appoints or an# person who utili6es the services of special policemen special agents confidential agents or persons performing similar functions) persons previousl# appointed as special policemen special agents confidential agents or persons performing similar functions who continue acting as such and those who fail to turn over their f irearms uniforms insignias and other badges of authorit# to the proper officer who issued the same. At the start of the aforementioned period the baranga# chairman municipal ma#or cit# ma#or provincial governor or an# appointing authorit# shall submit to the Commission a complete list of all special policemen special agents confidential agents or persons performing similar functions in the emplo# of their respective political subdivisions with such particulars as the Commission ma# re7uire. 4n5 2llegal release of prisoners before and after election. - The ;irector of the ,ureau of Prisons an# provincial warden the keeper of the 9ail or the person or persons re7uired b# law to keep prisoners in their custod# who illegall# orders or allows an# prisoner detained in the national penitentiar# or the provincial cit# or municipal 9ail to leave the premises thereof si!t# da#s before and thirt# da#s after the election. The municipal or cit# warden the provincial warden the keeper of the 9ail or the person or persons re7uired b# law to keep prisoners in their custod# shall post in three conspicuous public places a list of the prisoners or detention prisoners under their care. ;etention prisoners must be categori6ed as such. 4o5 se of public funds mone# deposited in trust e7uipment facilities owned or controlled b# the government for an election campaign. - An# person who uses under an# guise whatsoever directl# or indirectl# 4%5 public funds or mone# deposited with or held in trust b# public financing institutions or b# government offices banks or agencies) 4*5 an# printing press radio or television station or audio-visual e7uipment operated b# the :overnment or b# its divisions sub-divisions agencies or instrumentalities including government-owned or controlled corporations or b# the Armed
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BATAS PAMBANSA BLG. 881 4s5 8earing of uniforms and bearing arms. - ;uring the campaign period on the da# before and on election da# an# member of securit# or police organi6ation of government agencies commissions councils bureaus offices or government-owned or controlled corporations or privatel#-owned or operated securit# investigative protective or intelligence agencies who wears his uniform or uses his insignia decorations or regalia or bears arms o utside the immediate vicinit# of his place of work$ Provided That this prohibition shall not appl# when said member is in pursuit of a person who has committed or is committing a crime in the premises he is guarding) o r when escorting or providing securit# for the transport of pa#rolls deposits or other valuables) or when guarding the residence of private persons or when guarding private residences buildings or offices$ Provided further That in the last case prior written approval of the Commission shall be obtained. The Commission shall decide all applications for authorit# under this paragraph within fifteen da#s from the date of the filing of such application. ;uring the same period and ending thirt# da#s thereafter an# member of the Armed
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BATAS PAMBANSA BLG. 881 further That no additional laborers shall be emplo#ed for maintenance work within the said period of fort#-five da#s) 4b5 8ork undertaken b# contract through public bidding held or b# negotiated contract awarded before the fort#-five da# period before election$ Provided That work for the purpose of this section undertaken under the so-called "taka#" or "pa7uiao" s#stem shall not be considered as work b# contract) 4c5 Pa#ment for the usual cost of preparation for working drawings specifications bills of materials estimates and other procedures preparator# to actual construction including the purchase of materials and e7uipment and all incidental e!penses for wages of watchmen and other laborers emplo#ed for such work in the central office and field storehouses before the beginning of such period$ Provided That the number of such laborers shall not be increased over the number hired when the pro9ect or pro9ects were commenced) and 4d5 Emergenc# work necessitated b# the occurrence of a public calamit# but such work shall be limited to the restoration of the damaged facilit#. =o pa#ment shall be made within five da#s before the date of election to laborers who have rendered services in pro9ects or works e!cept those falling under subparagraphs 4a5 4b5 4c5 and 4d5 of this paragraph. This prohibition shall not appl# to ongoing public works pro9ects commenced before the campaign period or similar pro9ects under foreign agreements.
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BATAS PAMBANSA BLG. 881 405 An# person who deliberatel# imprints or causes the imprinting of blurred o r indistinct fingerprints on an# of the copies of the application for registration or on the voter@s affidavit) or an# person in charge of the registration of voters who deliberatel# or through negligence causes or allows the imprinting of blurred or indistinct fingerprints on an# of the aforementioned registration forms or an# person who tampers with the fingerprints in said registration records. 45 An# member of the board of election inspectors who approves an# application which on its face shows that the applicant does not possess all the 7ualifications prescribed b# law for a voter) or who disapproves an# application which on its face shows that the applicant possesses all such 7ualifications. 4/5 An# person who being a registered voter registers anew without filing an application for cancellation of his previous registration. 4B5 An# person who registers in substitution for another whether with or without the latter@s knowledge or consent. 4?5 An# person who tampers with or changes without authorit# an# data or entr# in an# voter@s application for registration. 4>5 An# person who dela#s hinders or obstruct another from registering. 4'5 An# person who falsel# certifies or identifies another as a bona fide resident of a particular place or localit# for the purpose of securing the latter@s registration as a voter. 4%(5 An# person who uses the voter@s affidavit of another for the purpose of voting whether or not he actuall# succeeds in voting. 4%%5 An# person who places inserts or otherwise includes as approved application for registration in the book of voters or in the provincial or national central files of registered voters the application of an# fictitious voter or an# application that has not been approved) or removes from or otherwise takes out of the book of voters or the provincial or national central files of registered voters an# dul# approved voter@s application e!cept upon lawful order of the Commission or of a competent court or after proper cancellation as provided in 3ections %** %*0 %* and %*/ hereof. 4%*5 An# person who transfers or causes the transfer of the registration record of a voter to the book of voters of another polling place unless said transfer was due to a change of address of the voter and the voter was dul# notified of his new polling place. 4%05 An# person who asks demands takes accepts or possesses directl# or indirectl# the voter@s affidavit of another in order to induce the latter to withhold his vote or to vote for or against an# candidate in an election or an# issue in a plebiscite or referendum. 2t shall be presumed prima facie that the asking demanding taking accepting or possessing is with such intent if done within the period beginning ten da#s before election da# and ending ten da#s after election da# unless the voter@s affidavit of another and the latter are both members of the same famil#. 4%5 An# person who delivers hands over entrusts gives directl# or indirectl# his voter@s affidavit to another in consideration of mone# or other benefit or promises thereof or takes or accepts such voter@s affidavit directl# or indirectl# b# giving or causing the giving of mone# or other benefit or making or causing the making of a promise thereof. 4%/5 An# person who alters in an# manner tears defaces removes or destro#s an# certified list of voters. 4%B5 An# person who takes carries or possesses an# blank or unused registration form alread# issued to a cit# or municipalit# outside of said cit# or municipalit# e!cept as otherwise provided in this Code or when directed b# e!press order of the court or of the Commission. 4%?5 An# person who maliciousl# omits tampers or transfers to another list the name of a registered voter from the official list of voters posted outside the polling place. 465 On voting$ 4%5 An# person who fails to cast his vote without 9ustifiable e!cuse.
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BATAS PAMBANSA BLG. 881 4*5 An# person who votes more than once in the same election or who not being a registered voter votes in an election. 405 An# person who votes in substitution for another whether with or without the latter@s knowledge andIor consent. 45 An# person who not being illiterate or ph#sicall# disabled allows his ballot to be prepared b# another or an# person who prepares the ballot of another who is not illiterate or ph#sicall# disabled with or without the latter@s knowledge andIor consent. 4/5 An# person who avails himself of an# means of scheme to discover the contents of the ballot of a voter who is preparing or casting his vote or who has 9ust voted. 4B5 An# voter who in the course of voting uses a ballot other than the one given b# the board of election inspectors or has in his possession more than one official ballot. 4?5 An# person who places under arrest o r detains a voter without lawful cause or molests him in such a manner as to obstruct or prevent him from going to the polling place to cast his vote or from returning home after casting his vote or to compel him to reveal how he voted. 4>5 An# member of the board of election inspectors charged with the dut# of reading the ballot during the counting of votes who deliberatel# omits to read the vote dul# written on the ballot or misreads the vote actuall# written thereon or reads the name of a candidate where no name is written on the ballot. 4'5 An# member of the board of election inspectors charged with the dut# of tall#ing the votes in the tall# board or sheet election returns or other prescribed form who deliberatel# fails to record a vote therein or records erroneousl# the votes as read or records a vote where no such vote has been read b# the chairman. 4%(5 An# member of a board of election inspectors who has made possible the casting of more votes than there are registered voters. 4%%5 An# person who for the purpose of disrupting or obstructing the election process o r causing confusion among the voters propagates false and alarming reports or information or transmits or circulates false orders directives or messages regarding an# matter relating to the printing of official ballots the postponement of the election the transfer of polling place or the general conduct of the election. 4%*5 An# person who without legal authorit# destro#s substitutes or takes awa# from the possession of those having legal custod# thereof or from the place where the# are legall# deposited an# election form or document or ballot bo! which contains official ballots or other documents used in the election. 4%05 An# person having legal custod# of the ballot bo! containing the official ballots used in the election who opens or destro#s said bo! or removes or destro#s its contents without or against the order of the Commission or who through his negligence enables an# person to commit an# of the aforementioned acts or takes awa# said ballot bo! from his custod#. 4%5 An# member of the board of election inspectors who knowingl# uses ballots other than the official ballots e!cept in those cases where the use of emergenc# ballots is authori6ed. 4%/5 An# public official who neglects or fails to properl# preserve or account for an# ballot bo! documents and forms received b# him and kept under his custod#. 4%B5 An# person who reveals the contents of the ballot of an illiterate or disabled voter whom he assisted in preparing a ballot. 4%?5 An# person who without authorit# transfers the location of a polling place. 4%>5 An# person who without authorit# prints or causes the p rinting of an# ballot or election returns that appears as official ballots or e lection returns or who distributes or causes the same to be distributed for use in the election whether or not the# are actuall# used.
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BATAS PAMBANSA BLG. 881 4%'5 An# person who without authorit# keeps uses or carries out or causes to be kept used or carried out an# official ballot or election returns or printed proof thereof t#pe-form mould electro-t#pe printing plates and an# other plate numbering machines and other printing paraphernalia being used in connection with the printing of official ballots or election returns. 4*(5 An# official or emplo#ee of an# printing establishment or of the Commission or an# member of the committee in charge of the printing of official ballots or election returns who causes official ballots or election returns to be printed in 7uantities e!ceeding those authori6ed b# the Commission or who distributes delivers or in an# manner disposes of or causes to be distributed delivered or disposed of an# official ballot or election returns to an# person or persons not authori6ed b# law or b# the Commission to receive or keep official ballots or election returns or who sends or causes them to be sent to an# place not designated b# law or b# the Commission. 4*%5 An# person who through an# act means or device violates the integrit# of an# official ballot or election returns before or after the# are used in the election. 4**5 An# person who removes tears defaces or destro#s an# certified list of candidates posted inside the voting booths during the hours of voting. 4*05 An# person who holds or causes the holding of an election on an# other da# than that fi!ed b# law or b# the Commission or stops an# election being legall# held. 4*5 An# person who deliberatel# blurs his fingerprint in the voting record. 4aa5 On Canvassing$ 4%5 An# chairman of the board of canvassers who fails to give due notice of the date time and place of the meeting of said board to the candidates political parties andIor members of the board. 4*5 An# member of the board of canvassers who proceeds with the canvass of the votes andIor proclamation of an# candidate which was suspended or annulled b# the Commission. 405 An# member of the board of canvassers who proceeds with the canvass of votes andIor proclamation of an# candidate in the absence of 7uorum or without giving due notice of the date time and place of the meeting of the board to the candidates political parties andIor other members of the board. 45 An# member of the board of canvassers who without authorit# of the Commission uses in the canvass of votes andIor proclamation of an# candidate an# document other than the official cop# of the election returns. 4bb5 Common to all boards of election inspectors and boards of canvassers$ 4%5 An# member of an# board of election inspectors or board of canvassers who deliberatel# absents himself from the meetings of said bod# for the purpose of obstructing or dela#ing the performance of its duties or f unctions. 4*5 An# member of an# board of election inspectors or board of canvassers who without 9ustifiable reason refuses to sign and certif# an# election form re7uired b# this Code or prescribed b# the Commission although he was present during the meeting of the said bod#. 405 An# person who being ineligible for appointment as member of an# board of election inspectors or board of canvassers accepts an appointment to said bod# assumes office and actuall# serves as a member thereof or an# of public officer or an# person acting in his behalf who appoints such ineligible person knowing him to be ineligible. 45 An# person who in the presence o r within the hearing of an# board of election inspectors or board of canvassers during an# of its meetings conducts himself in such a disorderl# manner as to interrupt or disrupt the work or proceedings to the end of preventing said bod# from performing its functions either partl# o r totall#. 4/5 An# public official or person acting in his behalf who relieves an# member of an# board of election inspectors or board of canvassers or who changes or causes the change of the assignments of an# member of said board of election inspectors or board of canvassers without authorit# of the Commission.
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BATAS PAMBANSA BLG. 881 4cc5 On candidac# and campaign$ 4%5 An# political part# which holds political conventions or meetings to nominate its official candidates earlier that the period fi!ed in this Code. 4*5 An# person who abstracts destro#s or cancels an# certificate of candidac# dul# filed and which has not been cancelled upon order of the Commission. 405 An# person who misleads the board of election inspectors b# submitting an# false or spurious certificate of candidac# or document to the pre9udice of a candidate. 45 An# person who being authori6ed to receive certificates of candidac# receives an# certificate of candidac# outside the period for filing the same and makes it appear that said certificate of candidac# was filed on time) or an# person who b# means of fraud threat intimidation terrorism or coercion causes or compels the commission of said act. 4/5 An# person who b# an# de vice or means 9ams obstructs or interferes with a radio or television broadcast of an# lawful political program. 4B5 An# person who solicits votes or undertakes an# propaganda on the da# of election for or against an# candidate or a n# political part# within the polling place or within a radius of thirt# meters thereof. 4dd5 Other prohibitions$ 4%5 An# person who sells furnishes offers bu#s serves or takes into!icating li7uor on the da#s fi!ed b# law for the registration of voters in the polling place or on the da# before the election or on election da#$ Provided That hotels and other establishments dul# certified b# the +inistr# of Tourism as tourist oriented and habituall# in the business of catering to foreign tourists ma# be e!empted for 9ustifiable reasons u pon prior authorit# of the Commission$ Provided further That foreign tourists taking into!icating li7uor in said authori6ed hotels or establishments are e!empted from the provisions of this subparagraph. 4*5 An# person who opens in an# polling place or within a radius of thirt# meters thereof on election da# and during the counting of votes booths or stalls of an# kind for the sale dispensing or displa# of wares merchandise or refreshments whether solid or li7uid or for an# other purposes. 405 An# person who holds on e lection da# fairs cockfights bo!ing horse races 9ai-alai or an# other similar sports. 45 efusal to carr# election mail matter. - An# operator or emplo#ee of a public utilit# or transportation compan# operating under a certificate of public convenience including government-owned or controlled postal service or its emplo#ees or deputi6ed agents who refuse to carr# official election mail matters free of charge during the election period. 2n addition to the penalt# prescribed herein such refusal shall constitute a ground for cancellation or revocation of certificate of public convenience or franchise. 4/5 Prohibition against discrimination in the sale of air time. - An# person who operates a radio or television station who without 9ustifiable cause discriminates against an# political part# coalition or aggroupment of parties or an# candidate in the sale of air time. 2n addition to the penalt# prescribed herein such refusal shall constitute a ground for cancellation or revocation of the franchise. Ot$er election offenses. - &iolation of the provisions or pertinent portions of the following sections of this Code shall constitute election offenses$ 3ections ' %> ? ?/ ?B >( >% >* >0 > >/ >B >? >> >' '/ 'B '? '> '' %(( %(% %(* %(0 %( %(/ %(B %(? %(> %(' %%( %%% %%* %** %*0 %*? %*> %*' %0* %0 %0/ %/ %> %/( %/* %?* %?0 %? %?> %>( %>* %> %>/ %>B %>' %'( %'% %'* %' %'/ %'B %'? %'> *(* *(0 *( *(/ *(B *(? *(> *(' *%( *%% *%* *%0 *% *%/ *%B *%? *%> *%' **( **0 **' *0( *0% *00 *0 *0/ *0B *0' and *(. Section 2!2.
Persons criminally liable. - The principals accomplices and accessories as defined in the evised Penal Code shall be criminall# liable for election offenses. 2f the one responsible be a political part# or an entit# its president or head the officials and emplo#ees of the same performing duties connected with the offense committed and its members who ma# be principals accomplices or accessories shall be liable in addition to the liabilit# of such part# or entit#. Section 2!3.
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BATAS PAMBANSA BLG. 881 Penalties. - An# person found guilt# of an# election offense under this Code shall be punished with imprisonment of not less than one #ear but not more than si! #ears and shall not be sub9ect to probation. 2n addition the guilt# part# shall be sentenced to suffer dis7ualification to hold public office and deprivation of the right of suffrage. 2f he is a foreigner he shall be sentenced to deportation which shall b e enforced after the prison term has been served. An# political part# found guilt# shall be sentenced to pa# a fine of not less than ten thousand pesos which shall be imposed upon such part# after criminal action has been instituted in which their corresponding officials have been found guilt#. Section 2!4.
2n case of prisoner or prisoners illegall# released from an# penitentiar# or 9ail du ring the prohibited period as provided in 3ection *B% paragraph 4n5 of this Code the director of prisons provincial warden keeper of the 9ail or prison or persons who are re7uired b# law to keep said prisoner in their custod# shall if convicted b# a competent court be sentenced to suffer the penalt# of prision ma#or in its ma!imum period if the prisoner or prisoners so illegall# released commit an# act of intimidation terrorism of interference in the election. An# person found guilt# of the offense of failure to register or failure to vote shall upon conviction be fined one hundred pesos. 2n addition he shall suffer dis7ualification to run for public office in the ne!t succeeding election following his conviction or be appointed to a public office for a period of one #ear following his conviction. Prosecution. - The Commission shall through its dul# authori6ed legal officers have the e!clusive power to conduct preliminar# investigation of all election offenses punishable under this Code and to prosecute the same. The Commission ma# avail of the assistance of other prosecuting arms of the government$ Provided however That in the event that the Commission fails to act on an# complaint within four months from his filing the complainant ma# file the complaint with the office of the fiscal or with the +inistr# of ustice for proper investigation and prosecution if warranted. Section 2!.
Section 2!!. Arrest
in connection ,it$ t$e election campaign. - =o person shall be arrested andIor detained at an# time for an# alleged offense committed during and in connection with an# election through an# act or language tending to support or oppose an# candidate political part# or coalition of political parties under or pursuant to an# order of whatever name or nature and b# whomsoever issued e!cept onl# upon a warrant of arrest issued b# a competent 9udge after all the re7uirements of the Constitution shall have been strictl# complied with. 2f the offense charged is punishable u nder a presidential decree whether originall# or b# amendment of a previous law the death penalt# shall not be imposed upon the offender e!cept where murder rape or arson is involved. 2n all cases the penalt# shall not be higher than reclusion perpetua and the offender shall be entitled to reasonable bail upon sufficient sureties to be granted speedil# b# the competent court. +oreover loss of the right of citi6enship and confiscation of propert# shall not be imposed. An# officer or a person who shall violate an# provision of this section shall be punished b# imprisonment of not less than si! 4B5 #ears and one 4%5 da# nor more than twelve 4%*5 #ears with the accessor# penalties for election offenses. The provision of 3ection *B? of this Code shall not appl# to prosecution under this section. Prescription. - Election offenses shall prescribe after five #ears from the date of their commission. 2f the discover# of the offense be made in an election contest proceedings the period of prescription shall commence on the date on which the 9udgment in such proceedings becomes final and e!ecutor#. Section 2!".
2urisdiction of courts. - The regional trial court shall have the e!clusive original 9urisdiction to tr# and decide an# criminal action o r proceedings for violation of this Code e!cept those relating to the offense of failure to register or failure to vote which shall be under the 9urisdiction of the metropolitan or municipal trial courts.
Preferential disposition of election offenses. - The investigation and prosecution of cases involving violations of the election laws shall be given preference and priorit# b# the Commission on Elections and prosecuting officials. Their investigation shall be commenced without dela# and shall be resolved b# the investigating officer within five da#s from its submission for resolution. The courts shall likewise give preference to election offenses over all other cases e!cept petitions for writ of habeas corpus. Their trial shall likewise be commenced without dela# and shall be conducted continuousl# until terminated and the case shall be decided within thirt# da#s from its submission for decision. Section 2!$.
ARTICLE ((III LEGAL FEES Section 2"%.
Collection of legal fees. - The Commission is hereb# authori6ed to collect fees as follows$
4a5
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BATAS PAMBANSA BLG. 881 4c5
ARTICLE ((IV TRANSITOR' PROVISIONS
Pending actions. - Pending actions and causes of action arising before the effectivit# of this Code shall be governed b# the laws then in force. Section 2"2.
Designation of certain pre-election acts immediately after t$e approval of t$is Code. - 2f it should no longer be reasonabl# possible to observe the periods and dates herein prescribed for certain pre-election acts in the election immediatel# following the approval of this Code the Commission shall fi! other periods in order to ensure that voters shall not be deprived of their right of suffrage. Section 2"3.
Section 2"4. Accreditation of
dominant opposition party. - B and the ne!t presidential elections in %'>? or earlier the dominant opposition part# shall be that political part# group or organi6ation or coalition of ma9or national or regional political parties opposed to the ma9orit# part# which has the capabilit# to wage a bona fide nationwide campaign as shown b# the e!tent of its organi6ation and the number of +embers of Parliament affiliated with it$ Provided however That with specific reference to the ne!t local elections in constituencies which are represented in the ,atasang Pambansa b# +embers who do not belong either to the ma9orit# part# o r to the political part# or coalition of political parties described above the representatives of the opposition in the board of election inspectors board of canvassers o r other similar bodies shall be proposed e!clusivel# b# the part# to which said +ember of the ,atasang Pambansa belong$ Provided however That it is registered before the ne!t local elections. An# political part# group or organi6ation 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 ma# be necessar# to enable the Commission to determine the 7ualifications for accreditation in accordance with the standard herein provided. The Commission on Elections shall accredit the dominant opposition part# not later than thirt# da#s before the campaign period in ever# election. 2n case a presidential election is held before the ne!t local elections or before the presidential election in %'>? the provisions of the Constitution shall be enforced in determining which shall be the dominant opposition part# for purposes of the ne!t local elections. Party representatives in t$e board of election inspectors. - ntil 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 b# the ruling part# and the dominant opposition part# as ma# be determined b# the Commission pursuant to the provisions of this Code. Section 2".
Section 2"!. Appropriations' and
insurance for board of election inspectors. - The cost of holding the ne!t local elections provided in this Code shall be funded out of the current appropriations of the Commission on Elections provided for this purpose. 2n case of deficienc# additional funding ma# be p rovided out of the special activities fund intended for special priorit# activities authori6ed in the :eneral 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 da# and fift# pesos on each of the registration and revision da#s. The inspectors of the political parties shall be granted a per diem of fift# pesos on election da# and twent#-five pesos on each of the registration and revision da#s. Education support personnel of the +inistr# of Education Culture and 3ports shall receive a per diem of twent#-five pesos during election da#. 3upervisors principals and other administrators of the +inistr# of Education Culture and 3ports who ma# be asked b# the Commission and actuall# report for supervisor# assignment during registration and election da# shall be entitled to a per diem of fift# pesos. The provincial cit# and municipal treasurers shall receive per diem at the rate of one hundred pesos on election da#.
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BATAS PAMBANSA BLG. 881 Pa#ments of per diems under this section shall be made within sevent#-two hours after the election or registration da#. The chairman poll clerk and part# representatives in the board of election inspectors shall be insured with the government 3ervice 2nsurance 3#stem at fift# thousand pesos each under terms and conditions that shall be agreed upon b# the Chairman of the Commission the +inistries of the ,udget and the +inister of Education Culture and 3ports. #pecial election for President before 4567. - 2n case a vacanc# in the Office of the President occurs before the presidential election in %'>? the 3peaker of the ,atasang Pambansa shall act as President until a President and a &ice-President or either of them shall have been elected and shall have 7ualified. Their term of office shall commence at noon of the tenth da# following their proclamation and shall end at noon on the thirtieth da# of une of the si!th #ear thereafter. Section 2"".
The Acting President ma# not declare martial law or suspend the p rivilege of the writ of habeas corpus without the prior consent of at least a ma9orit# of all the +embers of the ,atasang Pambansa or issue an# decree order or letter of instructions while the lawmaking power of the President is in force. 1e shall be deemed automaticall# on leave and the 3peaker Pro-Tempore shall act as 3peaker. 8hile acting as President the 3peaker ma# not be removed. 1e shall not be eligible for election in the immediatel# succeeding election for President and &icePresident. The ,atasang Pambansa shall at ten o@clock in the morning of the third da# after the vacanc# occurs convene in accordance with its rules without need of a call and within seven da#s enact a law calling for a special election to elect a President and a &ice-president to be held not earlier than fort#-five da#s nor later than si!t# da#s from the time of such call. The bill calling such special election shall be d eemed certified under paragraph 4*5 3ection %' Article &222 of the Constitution and shall become law upon its approval on third reading b# the ,atasang Pambansa. Appropriations for the special election shall be charged against an# current appropriations and shall be e!empt from the re7uirements of paragraph 45 3ection %B of Article &222 of the Constitution. As provided in the third paragraph 3ection ' of Article &22 thereof the convening of the ,atasang Pambansa cannot be suspended nor the special election postponed. =o special election shall be called if the vacanc# occurs within sevent# da#s before the date of the presidential election of %'>?. Appointments e!tended b# the Acting President shall remain effective unless revoked b# the newl# elected President within ninet# da#s from his assumption of office. #pecial election to fill existing vacancies in t$e %atasang Pambansa. - The election of +embers to fill e!isting vacancies in the ,atasang Pambansa shall be held simultaneousl# with the ne!t local election in %'>B or in the ne!t special national election for President and &ice-President if one is held earlier. Section 2"#.
Elective officials in existing sub-provinces. - The election of elective public officials in e!isting subprovinces shall likewise be held simultaneousl# with the ne!t local elections of %'>B and %''( in accordance with their respective charters sub9ect to the same term 7ualifications manner of election and resolution of election controversies as are herein provided for comparable provincial elective officials. Section 2"$.
ARTICLE ((V FINAL PROVISIONS
!eorgani*ation of t$e Commission on Elections. - 2n order to promote ma!imum efficienc# in carr#ing out its constitutional dut# to insure free o rderl# and honest elections and in discharging its 9udicial powers and functions under the Constitution the Commission is hereb# authori6ed to reorgani6e its office within twelve months after the first election to be held under this Code. 2t ma# create merge or abolish departments offices divisions or units redistribute functions and reassign personnel change designations of e!isting positions sub9ect to pertinent e!isting laws and regulations. 2t ma# recommend the levels and rates of salaries of its subordinate officials and emplo#ees sub9ect to the laws and regulations on civil service and compensation position classification and standardi6ation of salaries$ Provided That no permanent official or emplo#ee alread# in the service of the Commission upon approval of this Code shall be laid off or demoted in rank or salar#. Section 2#%.
#eparability clause. - 2f for an# reason an# section or provision of this Code or an# portion thereof or the application of such section provision or portion to an# 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 b# such declaration. Section 2#1.
!epealing clause. - Presidential ;ecree =o. %*'B otherwise known as The %'?> Election Code as amended is hereb# repealed. All other election laws decrees e!ecutive orders rules a nd regulations or parts thereof inconsistent with the provisions of this Code a re hereb# repealed e!cept Presidential ;ecree =o. %B%> and ,atas Pambansa ,lg. *( governing the election of the members of the 3angguniang Pampook of egions 2H and H22. Section 2#2.
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