Election Law

Election LAW 

Embodiment of the popular will, the expression of the sovereign power of the people.

a. Dominant Dominant Majority Majority Party – usually usually the administra administration tion party; party; entitled entitled to a copy of election return b. Dominant Minority Minority Party – entitled entitled to a copy of election return return c. Majori Majority ty Politi Political cal Party Party d. Top 3 Political Parties Parties – entitled to to appoint principal principal watcher and a copy of the certificate of canvass e. Bottom 3 political political parties parties – entitled to appoint principal principal watcher  watcher 

Components 2) Non-registered parties        

Choice or selection of candidates to public office by popular vote Conduct of the polls Listing of votes Holding of Electoral campaign Act of casting and receiving the ballots from the voters Counting the ballots Making the election returns Proclaiming the winning candidates

Criteria to Determine the Type of P olitical Party a. b. c. d. e.

Established Record of the said parties, showing in past elections elections Number Number of Incumben Incumbentt Elective Elective Official Officials s Identifia Identifiable ble political political organizatio organizations ns and strengths strengths Ability Ability to fill a comple complete te slate slate of candidat candidates es Other analogou analogous s circumst circumstance ances s

Grounds for Challenging the Voter 

Regular election  – refers to an election participated in by those who possess the right right of suffrage suffrage and not disqualif disqualified ied by law and who are registered voters

a. Illegal voters ( Not Registered Registered / Using the name of another / disqualified disqualified ) b. Based on on certain certain illegal illegal acts acts (Vote buyin buying) g)

Special election  – is when there is failure of election on the scheduled date of  regular election in a particular place or which is conducted to fill up certain vacancies, as provided by law

Acquisition of Juridical Personality

Political Parties Definition (Omnibus Election Code) An organized group of persons pursuing the same ideology, political ideas or platforms of government including its branches and divisions. divisions. Types of Political Parties 1) Registered Parties:

It is acquired upon registration with the CO MELEC. Forfeiture of Status as a Registered Political Party The status shall be deemed forfeited if the political party, singly or in coalition with others, fails to obtain at least 10% of the votes cast  in the constituency in which it nomina nominated ted and suppo supporte rted d a candid candidate ate/s /s in the electi election on next next follow following ing its registration. There shall be notice and hearing. Candidates

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Rules on filing of certificates of candidacy 1. No person shall shall be elected into public public office office unless he files his certificat certificate e of  candidacy within the prescribed period 2. No person person shall be eligible eligible for more than than one office. office. If he/she files files for more than one position, he shall not be eligible for all unless he cancels all and retains one 3. The certificate certificate of candidacy candidacy shall be filed filed by the candidate candidate personally personally or by his duly authorized representative. representative. 4. Upon filing, filing, an individual individual becomes becomes a candidate, candidate, he is already already covered by rules, restrictions and processes involving candidates.

A. Given Given money money or other other materi material al consid considera eratio tion n to influe influence nce,, induce induce or  corrupt the voters or public officials performing electoral functions. B. Committed acts of terrorism terrorism to enhance enhance his candidacy C. Spent in his election election campaign an amount amount in excess of that allowed by the the Omnibus Election Code ) D. Solicited, received received or made any contribution contribution prohibited prohibited under this Code E. Violated any of the following following sections: sections: Section 80, 80, 83, 85,86,261 85,86,261

Grounds for disqualification disqualification 1. Election offenses offenses under under Sec 68 of the Omnibus Omnibus Election Code (OEC) 2. Not possessing possessing qualifications qualifications and possessing possessing disqualifications disqualifications under the Local Government Code 2.1 Sentenced by final judgment for an offense offense involving moral turpitude turpitude or for  an offense punishable by one year or more of imprisonment within two years after serving sentence 2.2 Removed from office as a result of an administrative administrative case 2.3 Convicted Convicted by final final judgment judgment for violating violating the oath of allegian allegiance ce to the Republic 2.4 Dual citizenship ( more specifically, dual allegiance) allegiance) 2.5 Fugitives from justice in criminal or non-political non-political cases here or abroad 2.6 Permanent residents in a foreign country or those who have acquired acquired the right to reside abroad and continue to avail of the same right 2.7 Insane or feeble-minded feeble-minded 3. Nuisan Nuisance ce candi candida date te 4. Violation of sec 73 of of OEC with regard regard to certificate certificate of candidacy candidacy 5. Violation of sec 78 which which is material material misrepresentation misrepresentation of reqts reqts under sec. 74 * Disqualifications (from continuing as a candidate or from holding the office if  already elected): Any candid candidate ate,, who in an action action or protes protestt in which he is a party party is declared declared by final decision of a competent competent court guilty guilty of, or is found by the Commission of having:

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Petition to deny due course to or to cancel a certificate of candidacy F. Permanent Permanent resident resident of or an immigrant immigrant to a foreign foreign country country shall shall not be qualified to run for any elective office UNLESS he/she has waived his/her  status status as a perman permanent ent reside resident/ nt/imm immigr igrant ant of a foreig foreign n countr country y in accordance with the residence requirement provided for under election laws. Effect of a Disqualification case (under RA 6646) A. Any candidate candidate who has been declare declared d by final judgmen judgmentt to be disqualifi disqualified ed shall NOT be voted for. The votes cast in his favor shall not be counted. B. If the candidate candidate is not disqualifi disqualified ed by final final judgment before before the election election and receives the highest number of votes in the election, the court or COMELEC will continue with the trial and hearing hearing of the action, inquiry inquiry or protest. Upon motion of the complainant or intervenor, the court or COMELEC may order the suspension of the proclamation of the candidate whenever the evidence of his guilt is strong. Nuisance candidates A. The term refers to candidates candidates who have no bona bona fide intention to run for for the office for which the certificate of candidacy has been filed and would thus prevent a faithful determination of the true will of the people. B. Power of COMELEC 1. May refuse to give due course course to or cancel cancel a certificate certificate of candidacy candidacy of  a nuisance candidate. candidate. This can be done motu proprio or upon verified petition of an interested party.

A. Exclusive ground: A material representation representation in the certificate certificate of candidacy is false. B. The petition petition should be filed not later than 25 days from the filing of the certificate of candidacy. C. It should be decided not later than 15 days before the election, after due notice and hearing.

Election Campaign/Partisan Political Activity Definition 1) It refers to an act designed to promote the election or defeat of a particular candidate/s candidate/s to a public office 2) It includes: A. Forming organizations, associations, clubs, committees or other  groups groups of persons persons for the purpose of soliciti soliciting ng votes votes and/or  and/or  undertaking any campaign for or against a candidate. B. Holding Holding political political caucuses, caucuses, conferences, conferences, meetings, meetings, rallies, rallies, parades or other similar assemblies for the purpose of soliciting votes and/or undertaking any campaign or propaganda for or  against a candidate. C. Making speeches, announcements or commentaries or holding interviews for or against the election of any candidate for public office. D.

2.There should be a showing that: A. Certif Certifica icate te of candid candidacy acy has been filed to put put the the electi election on process in mockery/disrepute or  B. To cause confus confusion ion among among the voters by the similar similarity ity of the names of the registered candidates C. Other Other circum circumsta stance nces s which which clearl clearly y demons demonstra trate te that that the candidate has no bona fide intention to run for the office….

Publishing Publishing or distributin distributing g campaign literatu literature re or materials materials designed to support or oppose the election of any candidate. E. Directly or indirectly soliciting soliciting votes, pledges pledges or support for or  against a candidate. 3) When the acts enumerated enumerated above are NOT considered considered an election election campaign/partisan campaign/partisan political activity

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If the acts are performed for the purpose of enhancing the chances of  aspirant aspirants s for nomination nomination for candidac candidacy y to a public public office office by a politica politicall party, party, aggroupment, or coalition of parties.

RA 9006 – FAIR ELECTION ACT Important Features: 1) Repeal of Sec. 67 of the OEC – Now, any ELECTIVE official, whether national or local, running running for any office other than the one which he is holding in a permanent capacity shall not be considered ipso facto resigned from his office upon the filing of his certificate of candidacy. 2) Lifting of of the Political Ad Ban –

Written and and Printed Printed Materials Materials (8.5” W x 14L”) Letters Posters (2’ x 3’) in common-private poster 

areas ( not more than 10 public places places per political party or independ independent ent candidat candidate, e, 12’ 16’), 16’), private places and public places Rally streamers (3’ x 8’) NOT MORE THAN 2 Paid Advertisements at Discounted Rates Print : 1/4 th page in broadsheet and ½ page in tabloid 3x a week Televisi Television: on: 120 minutes minutes for candidat candidate e for  nationally elective office and 60 for local Radi Radio: o: 180 180 minu minute tes s for for cand candid idat ate e for  for  nationally elective office and 90 for local COME COMELE LEC C free free spa space (3 nati ationa onal newspaper newspaper for national nationally ly elective elective official officials s and 1 nation national al newspa newspape perr for local) local) and airtime (3 national television networks for nationally elective elective officials officials and 1 station station for local local ) : equal equal alloca allocatio tion n for all candid candidate ates s for 3 calendar days

Authorized Expenses ( multiplied with the total number of registered voters ) P 10 for president / vice president 3 for other other candi candidat dates es for every every voter voter current currently ly regist registere ered d in the  P constituency independent candidates candidates and political political parties parties  P 5 for independent 

Voters Qualifications  

Age: 18 years old and over. Residence 1. He /sh /she e shou should ld hav have e resi reside ded d in the the Phil Philip ippi pine nes s for  for  one year and 2. Reside Resided d in in the the city/m city/muni unicip cipali ality ty wherei wherein n he he prop propose oses s to vote for at least least 6 months months immediate immediately ly precedin preceding g the election.

Residence Requirement If the transfer of residence is due to any of the following reasons, the person concerned will be deemed NOT to have lost his original residence: A. Transfer solely because because of occupation, profession, employment in private or  public service B. Educational activities C. Work in military or naval reservations reservations D. Service in the army, navy or air force, force, national police force E. Confinement/detention Confinement/detention in government institutions institutions in accordance with law. * RA 8189 – VOTER”S REGISTRATION ACT OF 1996 1996 Q: Can there still be general registration of voters?  A: No m ore, because 8189 (7) provides for such only for the May ’98 elections Q: What kind of registration system do we have? 

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A: Continuing, Computerized and Permanent Disqualifications A. If sentenced sentenced by final judgment to suffer imprisonment for not less than 1 year  and such disability disability was not removed removed by plenary pardon or has not been granted amnesty. However, any person disqualified to vote shall automatically reacquire the right to vote upon expiration of 5 years after service of sentence. B. Any person who has been adjudged adjudged by final judgment by competent competent court or  tribunal tribunal of having having committed committed any crime involving involving disloyalty  to the duly constitut constituted ed governmen governmentt such as rebellio rebellion n or any crime against against national national security: 1. UNLESS restored to his full civil and political rights in accordance with law. 2. However, he shall regain his right to vote automatically upon expiration of 5 years after service of sentence. C. Insane or incompetent  incompetent  persons as declared by competent authority. Jurisdiction in Inclusion/Exclusion cases A. The municipal and metropolitan trial courts shall have original and exclusive  jurisdiction over all matters of inclusion and exclusion of voters from the list in their respective municipalities or cities. Petition filed at any time except 105 days before regular election or 75 days before special election B. Decisions may be appealed to the RTC within 5 days from receipt of notice of  decision. C. RTC will decide the appeal within 10 days. days. Decision is final and executory. executory. D. Note: Relate Relate this to Article Article IX of the Constituti Constitution on which provides provides that the COMELEC has no jurisdiction over questions questions involving the right to vote. E. Exclusion is through sworn petition and not later than 100 days before regular  election; 65 days before special election Grounds when the List of Voters will be altered:

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How is challenge to right to register effected?  Who – any voter, candidate, political party representative How – in writing, stating grnds, under oath, proof of notice of hearing Deactivation means removing removing the registration registration records of persons persons from the precinct precinct book of voters voters and place the same, properly properly marked and dated dated in indelible ink, in the inactive file after entering the cause of deactivation. How is reactivation of registration effected ?  Sworn application for reactivation Affidavit Not later than 120 days before regular regular election election and 90 days before before special special election Annulment of Book of Voters is through verified petition; notice and hearing; not prepared prepared in accordan accordance ce with law or prepared prepared through through fraud, fraud, bribery, bribery, forgery, forgery, impersonation, intimidation, force, any similar irregularity or which contains data that are statistically improbable Cannot be done within 90 days before election Postponement of Election Causes     

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Exclusion/ Inclusion Cancellation of Registration in case of Death New voters Annulment of Book of Voters Transfer of Residence

Violence Terrorism Loss or destruction of election paraphernalia/records paraphernalia/records Force majeure Other analogous causes

Deactivation/ Reactivation

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Effect It is impossible to hold a free, orderly and honest election in any political subdivision COMELEC can postpone the election (when decided by a majority vote of the COMELEC sitting en banc, RA 7166): A. Motu proprio B. Upon a verified petition by any interested party, after due notice and hearing Date of new election The date of the postponed election should be reasonably reasonably close to the date of the election election not held, suspende suspended, d, or which resulted resulted in a failure to elect. elect. It should should not be later later than 30 days after the cessation cessation of the cause for such postponement or suspension of the election or failure to elect. Failure of Election Causes     

Force majeure Violence Terrorism Fraud Other analogous causes

Under RA 7166, the causes for the declaration of the failure of election may occur before or after the casting of votes or on the day of the election.

Effects of above causes A. Election in any polling place was not held on the date fixed; B. Election was suspended before the hour fixed by law for the closing of the voting C. Elections results in a failure to elect (after the voting and during the preparation and transmission of the election returns or in the custody custody or or canvass canvass thereof) thereof)

 AND the failure or suspension of the election would affect the result of the election Remedy COMELEC can call for the holding or continuation of the election not held, suspended, or which resulted resulted in a failure to elect. The election should be held held not later later than 30 days after after the cessation cessation of the cause of the postponement postponement or  suspension of the election or failure to elect. This is decided by the COMELEC, by a majority vote of its members, sitting en banc.

RA 7941 – Party-List System Act 

Seeks to promote proportional representation representation

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Any party already registered need not register anew. File manifestation not later than 90 days before election.

Grounds for refusing or canceling registration of Party-Lists groups a. Religious Religious sect sect or denominatio denomination, n, organizati organization on b. Advoc Advocate ates s violen violence ce c. Foreign Foreign party party or organ organizat ization ion d. Receives Receives foreign foreign support support e. Violat Violates es elect election ion law law f. Untruthful Untruthful statements statements in its its petiti petition on g. Ceased Ceased to exist exist for at at least least one year  year  h. Failed Failed to participate participate in the last two preceding preceding elections elections or fails to obtain obtain at least least 2% of the votes cast under the party-li party-list st system in the 2 precedin preceding g elections for the constituency in which it has registered Nomination of party-list reps should not include any candidate for any elective office or a person who has lost his bid for an elective office in the immediately preceding election Incumbent sectoral representatives in the House of Representatives who are nominated in the party-list system shall not be considered resigned resigned

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Party List Reps constitute 20% of the total number of the members of the House of Reps including those under the party-list

raised by any candidate or by any registered political party or coalition of  political parties before the board or directly with the COMELEC.

How do we determine the number of party list seats in the House of Reps ? 

B. It woul would d also also refer refer to any any matte matterr raise raised d under under Sect Sectio ions ns 233, 233, 234, 234, 235, and 236 of the Omnibus Election Code in relation to the preparation, transmission, receipt, custody, and appreciation of the election returns. (Board (Board of canvasse canvassers rs have original original jurisdic jurisdiction tion while COMELEC COMELEC have appellate jurisdiction) 1. When election election returns are delayed, delayed, lost or destroyed destroyed (Sec.233) (Sec.233) 2. Material Material defects defects in the election election returns returns (Sec. (Sec. 234) 3. When election election returns returns appear appear to be tampered with or falsified. falsified. (Sec. 235) 4. Discrepan Discrepancies cies in in electio election n returns returns (Sec. 236)

(# of District Reps / 0.80) x 0.20 = # of party list reps •

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There There are presentl presently y 208 legislative legislative districts districts,, accordin according g to the Veterans Veterans Federation Case The 5 major political parties are now entitled to participate in the party list system Parties receiving at least 2% of the total votes cast for the party-list system shall be entitled to one seat each No party shall be entitled to more than 3 seats Currently, there are 260 seats. So 20 % of 260 is 52 seats. But this is only a ceiling.

A list with 5 names should be submitted to COMELEC as to who will represent the party in the Congress. Ranking in the list submitted determines who shall represent party or organization. organization.

Rules for Appreciation of Ballots     

Liberal Construction in favor of the validity of the ballot Look at the ticket slate, consider locality or literacy rate Rule 211 of the OEC Incumbency / Surname Cannot ascertain – STRAY VOTE Pre-Proclamation Controversies

Definition A. A pre-pr pre-procl oclama amatio tion n contro controver versy sy refer refers s to any any questi question on perta pertaini ining ng to or affecting the proceedings of the board of canvassers which may be

C. Those that can be filed with COMELEC directly are are the ff:  Issue involves the illegal composition or proceedings of the board of canvassers, as when a majority or all of the members do not hold legal appointments or are in fact usurpers  Issue involves the correction of manifest errors in the tabulation or  tallying of the results during the canvassing Recount There can be a recount under the grounds of 234-236. The returns involved will affect the results and the integrity of the ballot box has been preserved Issues that may be raised in a pre-proclamation pre-proclamation controversy A. Illegal composition composition or proceedings proceedings of of the board of canvassers canvassers B. The canvassed canvassed election election returns returns are incomplet incomplete, e, contain material material defects, defects, appear to be tampered with or falsified, or contain discrepancies discrepancies in the same returns or in authentic copies thereof. C. The electi election on retur returns ns were were prepar prepared ed under under duress duress,, threat threats, s, coerci coercion, on, or  intimidation, or they are obviously manufactured, or not authentic. D. When substitute substitute or fraudulent fraudulent returns returns in controver controverted ted polling polling places places were canvasse canvassed, d, the results of which which material materially ly affected affected the standing standing of the aggrieved candidate/s.

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Procedure

BUT: Questions Questions affecting affecting the composition composition or proceedi proceedings ngs of the board of  canvassers may be initiated in the board or directly with COMELEC.

A. Contested composition composition or proceedings of the board board (under RA 7166) When pre-proclamation pre-proclamation cases are deemed TERMINATED (RA 7166) It may be initiated in the board or directly with COMELEC. B. Contested election returns (under RA 7166)

A. All pre-procla pre-proclamatio mation n cases pending pending before the COMELEC shall shall be deemed deemed terminated at the beginning of the term of the office involved and the rulings of  the boards of canvassers concerned deemed affirmed.

Matters Matters relating relating to the preparat preparation, ion, transmiss transmission, ion, receipt, receipt, custody custody and appreciation of the election returns, and certificate of canvass, should be brought in the first instance before the board of canvassers only.

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Summary nature of pre-proclamation pre-proclamation controversy A. Pre-proclamation controversies shall be heard heard summarily by the COMELEC. B. Its decision decision shall shall be executory executory after the lapse lapse of 5 days from from receipt by the losing party of the decision, unless restrained by the SC.

This is without without prejudice prejudice to the filing of a regular regular election election protest protest by the aggrieved party.

C. HOWEVER: Proceedings MAY CONTINUE if: 1. The COMELEC COMELEC determines determines that the petition petition is meritorious meritorious and issues issues an order for the proceedings to continue or  2. The Supreme Court issues an order for for the proceedings proceedings to continue in a petition for certiorari.

Effect of filing petition to annul or suspend proclamation proclamation It suspends the running of the period within which to file an election protest or quo warranto proceedings. proceedings. When not allowed Pre-pr Pre-procl oclama amatio tion n cases cases on matter matters s relati relating ng to the prepar preparati ation on,, transmiss transmission, ion, receipt, custody and apprecia appreciation tion of the election election returns or the certificates of canvass NOT allowed in elections for: (under RA 7166)  President  Vice-President  Senator  Representatives  Member of the House of Representatives BUT: The appropriate canvassing body motu propio or upon written complaint of  an interested person can correct manifest errors in the certificate of canvass or  election returns before it.

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Election Contest

B. It does NOT preclude preclude a special civil civil action of certiorari. certiorari. (Galido (Galido v. COMELEC, Jan. 18,1991)

Original Jurisdiction

Distinctions between Pre-Proclamation Controversy and Election Contest

COMELEC has ORIGINAL ORIGINAL jurisdic jurisdiction tion over contests contests relating relating to the elections, returns, qualifications qualifications of all elective: Regional  Provincial  City officials 

1) Dividing line: Proclamation of a candidate candidate 2) Jurisdiction A. Pre-proclamation controversy 1.The jurisdiction of COMELEC is administrative/quasi-judicial administrative/quasi-judicial 2.It is governed by the requirements of administrative due process B. Election contest 1.The jurisdiction of COMELEC is judicial 2.It is governed by the requirements of judicial process 3) In some cases, cases, even if the case (involv (involving ing municipal municipal officials officials)) began with the COMELEC before proclamatio proclamation n but a proclamat proclamation ion is made before the controversy is resolved, it ceases to be a pre-proclamation controversy and becomes an election contest cognizable by the RTC. 4) Howeve However, r, in some cases, cases, the SC has has recog recogniz nized ed the jurisd jurisdict iction ion of  COMELEC over municipal municipal cases cases even after proclamatio proclamation. n. Relate Relate to the provision in RA 7166 allowing pre-proclamation controversy proceedings to continue even after a proclamation has been made.

Appellate Jurisdiction COMELEC has AP PELLATE jurisdiction over all contests involving: A. Elective Elective MUNICIPAL MUNICIPAL officials officials decided decided by trial courts courts of GENERAL  jurisdiction B. Elective Elective BARANGAY official officials s decided by trial courts courts of LIMITED  jurisdiction Who can file a petition contesting the election Any candidate who has duly filed a certificate of candidacy and has been voted for the same office Purpose of an election contest The defeated candidate seeks to outs the proclaimed winner and claims the seat. Final COMELEC Decisions Provision Provision that decision decisions, s, final final orders, orders, rulings of the Commission Commission on election contests involving municipal and barangay offices are final, executory and not appealable: A. This only applies to questions of FACT. ( Flores v. COMELEC, 184 SCRA 484)

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Election Offenses Offenses ( Selected Offenses) Offenses) Vote buying and vote-selling A. Covered acts 1.Give, offer or promise money or anything of value 2. Making or offer to make any expenditure, directly or indirectly, or cause an expendit expenditure ure to be made to any person, association association,, corporatio corporation, n, entity or community 3.Soliciting or receiving, directly or indirectly, any expenditure or promise of any office or employment, public or private B. Purpose of acts 1. To induce anyone or the public in general to vote for or against any candidate or withhold his vote in the election or  2. To vote for or against any aspirant for the nomination or choice of a candidate in a convention or similar selection C. Under RA 6646 (Prosecution of vote-buying/selling) vote-buying/selling) 1. Presentat Presentation ion of a complaint complaint supported supported by affidavi affidavits ts of complaini complaining ng witnesses attesting to the offer or promise by or the voters acceptance of money money or other other consid considera eratio tion n from from the relati relatives ves,, leader leaders s or  sympathizers of a candidate is sufficient basis for an investigation by the COMELEC,directly or through its duly authorized legal officers. 2. Disputable presumption of conspiracy: Proof that at least one voter in different precincts representing at least 20% of the total precincts in any municipality, city or province has been offered, offered, promised promised or given given money, money, valuable valuable considerati consideration on or other  other  expenditure by a candidate relatives, leaders and/or sympathizsrs for  the purpose of promoting the election of such candidate. 3. Disputable presumption of involvement Proof affects at least 20% of the precincts of the municipality, city or  province to which the public office aspired for by the favored candidate relates. This will constitute a disputable presumption of the involvement of such candidate and of his principal campaign managers in each of  the municipalities concerned in the conspiracy

Coercion of a subordinate

A. Who can be held liable 1. public officer  2. officer of a public/private public/private corporation/association 3. heads/superior/administrator heads/superior/administrator of any religious org. 4. employer/landowner  employer/landowner  B. Prohibited acts 1. Coercing, intimidating intimidating or compelling or influencing, in any manner, any subordinates, members, parishioners or employees or house helpers, tenants, tenants, overseers, overseers, farm helpers, helpers, tillers or lease lease holders holders to aid, campai campaign gn or vote vote for or agains againstt a candid candidate ate or aspira aspirant nt for the nomination or selection of candidates. 2. Dismis Dismissin sing g or threa threaten tening ing to dismis dismiss, s, punish punishing ing or threa threaten tening ing to punish punish by reducing reducing salary, salary, wage or compensat compensation ion or by demotion, demotion, transfer, suspension etc. Appointme Appointment nt of new employees, employees, creation creation of new position, position, promotion promotion or  giving salary increases A. Who can be held liable: Any head/official/appointing officer of a government office, agency or instrumentality, whether national or local, including GOCCs. B. Prohibited acts 1.Appointing or hiring a new employee (provisional, temporary or casual) 2.Creating or filling any new position 3.Promoting/giving 3.Promoting/giving an increase in salary, remuneration or privilege to any government official or employee. C. Period when acts are prohibited 1. 45 days before a regular election election 2. 30 days before a special election election D. Exceptions 1. Upon prior prior authority authority of COMELEC COMELEC if it is satisfied satisfied that that the position position to be filled is essentia essentiall to the proper functioning functioning of the office/agen office/agency cy concerned AND that the position is not filled in a manner that may influence the election

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2. In case of urgent urgent need, a new employee employee may be appointe appointed. d. Notice of  appoin appointme tment nt should should be given given to COMELE COMELEC C within within 3 days days from from appointment. Prohibition against release, disbursement or expenditure of public funds A. Who can be held liable: Any public official or employee including barangay officials and those of GOCCs/subsidiaries B. Prohibited acts: The release, release, disburse disbursement ment or expendit expenditure ure of public public funds funds for any and other kinds of public works C. Period when acts are prohibited: 1. 45 days before a regular election election 2. 30 days before a special election election D. Exception 1. maintenance of existing/completed existing/completed public public works works project. project. 2. work undertak undertaken en by contract contract through public public bidding, bidding, or by negotiat negotiated ed contract awarded before the 45 day period before election 3. payment payment for the usual cooperati cooperation on for working drawings, drawings, specficati specfications ons and other procedures preparatory to actual construction including the purchase purchase of material material and equipment equipment and incident incidental al expenses expenses for  wages. 4. Emergency Emergency work necessit necessitated ated by the occurrence occurrence of a public calamity calamity but such work shall be limited to the restoration of the damaged facility. 5. Ongoing Ongoing public work projects projects commenced commenced before before the campaign campaign period or similar projects under foreign agreements. Suspension of elective, provincial, city, municipal or barangay officer  A. General rule: public official CANNOT suspend any of the officers enumerated above during the election period. B. Exceptions 1. With prior prior approva approvall of COMELEC COMELEC 2. Suspensio Suspension n is for the purpose purpose of applying applying the Anti-Graft Anti-Graft and Corrupt Corrupt Practices Act

In relation to registration of voters/voting   Unjustifiable refusal to register and vote  Voting more than once in the same election/voting when not a registered voter   Voting in substitution for another with or without the latters’ knowledge and/or  consent etc. Other election offenses under RA 6646 A. Causin Causing g the printi printing ng of offici official al ballot ballots s and election election returns returns by printi printing ng establishments not on contract with COMELEC and printing establishments which undertakes unauthorized printing B. Tampering Tampering,, increasing increasing or decreasi decreasing ng the votes received received by a candidate candidate or  refusing after proper verification and hearing to credit the correct votes or  deduct the tampered votes (committed by a member of the board of election inspectors) C. Refusing Refusing to issue the certificate certificate of voters to the duly accredited accredited watchers watchers (committed by a member of the BEI) D. Person Person who violat violated ed provis provision ions s agains againstt prohib prohibite ited d forms forms of electi election on propaganda E. Failure to give give notice of meetings meetings to other members of the board, candidate candidate or  political party (committed by the Chairman of the board of canvassers) F. A perso person n who has been declare declared d a nuisan nuisance ce candida candidate te or is otherwi otherwise se disqualified who continues to misrepresent himself as a candidate (Ex. by continuin continuing g to campaign campaign)) and any public public officer officer or private private individu individual al who knowingly knowingly induces induces or abets abets such misrepresent misrepresentation ation by commissio commission n or  omission. G. If the chairman of the BEI fails to affix affix his signature at the the back of the official official ballot, in the presence of the voter, before delivering the ballot to the voter. (under RA 7166) Prescription of Election Offenses 1. Elec Electi tion on offe offens nses es shal shalll pres prescr crib ibe e afte afterr 5 year years s from from the the date date of thei their  r  commission 2. If the discovery discovery of the offense is made in an election contest contest proceedi proceeding, ng, the period of prescription shall commence on the date on which the judgment in such proceedings becomes final and executory

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Jurisdiction of courts A. RTC has exclusive exclusive original jurisdiction jurisdiction to try and decide any any criminal action action or  proceedings proceedings for violation of the Code. B. MTC/MCTC MTC/MCTC have jurisdictio jurisdiction n over offenses offenses relating relating to failure failure to register register or  vote.

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