OMNIBUS ELECTION CODE
ARTICLE 1. GENERAL PROVISIONS
To a date date which which should be reasonable close to the date of the election not held, suspended or which resulted in failure of election Not later than 30 days after the cessation of the cause
SECTION 1. TITLE
Omnibus Election Code of the Philippines Philippines
SECTION 7. CALL OF SPECIAL ELECTION 1.
SECTION 2. ELECTION AND CAMPAIGN PERIODS
IN CASE OF VACANCY IN THE BATASANG BATASANG PAMBANSA 18 months or more before more before a regular election Special election within 60 days after days after the vacancy occurs To elect the Member to serve the unexpired term
90 days ----- election ---- 30 days
2. Election period
DISSOLUTION OF THE BATASANG PAMBANSA PRESIDENT shall call an election Not be held earlier than 45 days no later than 60 days from days from the date of such dissolution
**UNLESS otherwise fixed in special cases by the COMELEC Period of CAMPAIGN: President and Vice President – 90 days o Members of BP and Local Elections – 45 days o Barangay – 15 days o Campaign period shall shall NOT NOT include include the day before and day of the elections GR: Campaign GR: Campaign period = 45 days o E: In E: In case of special elections [Art. 8, section 5 (2) of the o Consti]
SECTION 4. OBLIGATION TO REGISTER AND VOTE
Obligation of every citizen qualified to vote to: o Register Cast his vote o
SECTION 5. POSTPONEMENT OF ELECTION
Serious causes that holding holding of a free, orderly orderly and honest election should be IMPOSSIBLE: Violence o Terrorism o Loss or destruction destruction of election election paraphernalia or records records o Force Majeure o Analogous causes of such nature o COMELEC shall Motu proprio or upon verified verified complaint by any interest o party After due notice and hearing – all interested parties be o afforded equal opportunity to be heard Shall POSTPONE the election o
COMELEC shall: Send sufficient sufficient copies of its resolution for the holding of o the election to for dissemination: Provincial election supervisors Election registrar Who shall post copies thereof in at least least 3 conspicuous places – where public meetings are held In each city or municipality affected
SECTION 8. ELECTION CODE TO BE AVAILABLE IN POLLING PLACES Printed copy (English/national (English/national language) of OEC Provided and made available by the COMELEC COMELEC in EVERY o POLLING PLACE on the following days: Registration Revision Election days
SECTION 9. OFFICIAL MAL AND TELEGRAM RELATIVE TO ELECTIONS Free of postage and sent by Registered special delivery mail: Papers connected with the election o o Required by OEC OEC to be sent by PO in the performance of their election duties Telegrams of the same nature o By government telecommunication telecommunication and similar facilities Duty of the following: Postmaster General o Director of Bureau of Telecommunication Telecommunication o Managers of Prive telecommunication telecommunication companies o TO: © Michelle Duguil
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Transmit immediately and in preference to all other communications or telegram messages reporting: Election results Other messages/ communication Which the Commission may require or may be necessary to ensure free, honest and orderly elections
SECTION 10. ELECTION EXPENSES
Expenses necessary and reasonable in connection with: Elections o Referenda o Plebiscites o Other similar exercises o SHALL BE PAID BY THE COMMISSION E: In Barangay Elections Commission may direct that in PCM, election expenses chargeable to the Commission be ADVANCED by the PCM concerned Subject to REIMBURSEMENT by the Commission o Upon presentation of the proper bill o FUNDS needed by the COMELEC to defray expenses for the holding of regular and special elections, referenda and plebiscite shall be provided in the: o REGULAR APPROPRIATIONS of the Commission Upon request: immediately released to the commission o In case of deficiency, amount shall be augmented from the SPECIAL ACTIVITIES FUNDS in the general o appropriations act and From those specifically appropriated for the purpose in o special laws
E: He has been given plenary pardon or granted amnesty Disqualifi cations provided shall be deemed REMOVED Upon declaration by competent authority that said insanity o or incompetence has been removed Or after the expiration of a period of 5 years from his o service of sentence E: If within the same period, he again becomes o disqualified
ARTICLE 7. THE COMMISSION ON ELECTIONS SECTION 52. POWERS AND FUNCTIONS OF THE COMELEC
1.
In addition to the powers and functions conferred upon it by the Constitution The COMELEC shall have exclusive charge of: the enforcement and administration of all laws relative to o the conduct of elections for the purpose of ensuring free, orderly and honest o elections Exercise direct and immediate supervision and control over: National and local officials or employees Members of any national or local enforcement agency and instrumentality of the government Required by law to perform duties relative to the o conduct of elections It may authorize CMT cades 18 years of age and above o to act as its deputies for the purpose of enforcing o its orders COMELEC may relieve any of the abovementioned officers who: Violate the election law o Fails to comply with instructions, orders, o decisions or rulings And appoint substitutes May suspend or remove from office Upon recommendation of the COMELEC o After due process o Be found guilty of such violation or failure o
SECTION 11. FAILURE TO ASSUME OFFICE
Office of any official election considered vacant when: Official fails or refuses to take his oath of office o Within 6 months from his proclamation o E: if said failure is for a cause/s beyond his control o
SECTION 12. DISQUALIFICATION
The following are disqualified to be a candidate or to hold any office: Declared insane or incompetent by competent authority o Sentenced by Final Judgment for: o Subversion Insurrection Rebellion Offense with penalty of more than 18 months Crime involving moral turpitude
2.
Power to authorize: The following: Members of the AFP o NBI o Integration National Police o To act as deputies for election
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During the period of campaign and ending 30 days thereafter When there are persons committing acts of terrorism To influence people to vote for or against any o candidate or political party E: civilian home defense forces
3. Promulgate rules and regulations Implementing the provisions of the OEC Other laws which the COMELEC is required to enforce or administer Require the payment of legal fees Collect the same in payment of any business done in the commission o At rates that it may provide and fix in its rules and regulations Rules and regulations promulgated by the Commission: th Shall take effect on the 16 day after publication in the o OG or NP of GC Orders and directives issued by the COMELEC pursuant to said R&R shall: Be furnished by personal delivery to accredited political o parties Within 48 hrs. of issuance and shall take effect o immediately upon receipt In case of conflict between: R&R, Order or directives of the Commission in the o exercise of their Consti powers -- PREVAILS Those issued by any other admin office or agency of the o government concerning the same matter relative to election
4.
Punish contempts Provided for in the rules of court In the same procedure and with the same penalties provided therein What constitutes contempt? Any violation of any final and executor decision, o order or ruling of the commission
GR: No decision or resolution shall be rendered by the Commission either en banc or by division U: taken up in a f ormal session properly o convened for the purpose The commission may avail the assistance: Of any national or local law enforcement agency o and/or instrumentality of the government o To execute under its direct and immediate supervision any of its final decision, orders, instructions or rulings
5.
Enforce and execute Its decisions, directives, orders, and instruction GR: Which shall have precedence over those emanating from any other authority E: the Supreme Court and those issued in HB o proceedings
6.
7. 3.
When there is a controversy pending before the commission: Summon the parties Issue subpoena and subpoena duces tecum Take testimony in any investigation or hearing before it Delegate such power to any office of the Commission Who shall be a member of the Bar o In case of failure of witness to attend: Upon proof of service of the subpoena to said o witnesses Commission may issue a WOA o Bring him to the commission or officer before o whom his attendance is required Any controversy submitted to the Commission shall: After compliance with req. of due process o Be immediately heard and decided within 60 o days from submission thereof
Prescribe the forms to be used in: Election Plebiscite Referendum
Procure any of the following needed for the holding of election by public bidding: Supplies Equipment Materials or services
Prov: that if it finds the requirement of public bidding impractical to observe by negotiations or sealed bid In both cases, the accredited parties shall be duly notified
8.
Prescribe the use or adoption of the latest technological and electronic devices Prov: the commission shall NOTIFY the authorized representatives of accredited pol parties and candidates of said use not less than 30 days prior to the effectivity of the use of such devices
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9.
Carry out a continuing and systematic campaign through: Newspapers of general circulation Radios Other media forms To: Educate the public and fully inform the electorate about elections laws, procedures, decisions and other matters: Relative to the work and duties of the o Commission Necessary for the clean, free, orderly and honest o electoral process
3.
10. Enlist non-partisan group or organizations of citizen from the: Civic, youth, professional, education, business or labor sectors To assist in the implementation of the provisions of those code and other rules promulgated by the Commission Under the direct and immediate control and supervision of the COMELEC FUNCTIONS: A. BEFORE ELECTION DAY: 1. Information campaign and dissemination Salient features of the OEC ODR of the Comelec 2. Wage registration drives 3. Help cleans list of voters of ill egal registrants conduct house-to-house canvass if necessary take legal steps towards this end 4. Report to the Commission violations of this code on the conduct of: Political campaigns Election propaganda Electoral expenditures B. ON ELECTION DAY: 1. Exhort all registered voters To go to their polling places and vote 2. Nominate one watcher for accreditation in each polling place and each place of canvass Who shall have the same duties, functions and rights as the other watchers of political parties GR: shall not be allowed to enter any polling place E: Its lone duty accredited watcher // To vote // stay in the area at least 50 meters away from the polling place
4.
12. Fix other reasonable periods for: Certain pre-election requirements So that voters shall not be deprived of their right of suffrage and rights granted by this code Commission is authorized to appropriate period for the various prohibited acts enumerated herein U: indicated in this code o
SECTION 53. FIELD OFFICES OF THE COMMISSION 1.
REGIONAL ELECTIONN OFFICE Regional Election Director – Head Assistant Regional Director – Assistant Subordinate officers/employees – appointed by the commission PROVINCIAL ELECTION OFFICE Provincial Election Supervisor – Head Subordinate officers/employees – appointed by the commission
2.
Designation may be revoked by the Commission Upon notice and hearing o Whenever G/O have shown partiality to any political o party or candidate Has performed acts in excess or in contravention of o the functions and duties
11. Conduct hearings On controversies pending before it Upon proper motion of any party Taking into consideration the: Materiality and number of witnesses to be presented o Situation prevailing in the area o Fund available for the purpose o
Report to the peace authorities and appropriate agencies: Terrorism Intimidation of voters Other similar attempts to frustrate the free and orderly casting of votes Perform such other functions as may be entrusted to them
3.
CITY/MUNICIPAL ELECTION OFFICE City/Municipal Register – Head Election clerk – Assistant
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Subordinate officers/employees – appointed by the commission Delegation of powers and functions by the Commission to the heads of its field offices
SECTION 54. QUALIFICATIONS
Member of the Philippine Bar eligible for appointment as: Regional director o o Asst. regional director Provincial election supervisor o Election registrar o PROV HOWEVER: If there are no members of the Philippines Bar available o for appointment as Election registrar: Graduates of duly recognized schools of law, liberal arts, education or business admin Who possess the appropriate civil service eligibility E: In cities and in Towns o
SECTION 57. MEASURES TO ENSURE ENFORCEMENT Powers duties and responsibilities: 1.
2.
3.
LG shall provide a suitable place for the office of the provincial elections supervisor (PES) and his staff and the election registrar (ER) and his staff PROV: In case of failure of the LG to f ind suitable place o PES OR ER may lease another space for office Upon prior authority of the commission and notice to the LG concerned Rentals = chargeable to the funds of the LG concerned
SECTION 56. CHANGES IN THE COMPOSITION, DISTRIBUTION OR ASSIGNMENT (CDA) OF FIELD OFFICES Changes may be made whenever the exigencies of the service and the interest FOH elections so require PROV: o Changes shall be effective and enforceable only for the duration of the election period concerned Shall NOT affect the tenure of office of the incumbents of positions affect Shall NOT constitute demotion either in rank or salary, nor result in change of status o PROV FURTHER: No changes in the CDA within 30 days before election
Issue SW After examination under oath or affirmation of the complainant and the witnesses Stop any illegal election activity Confiscate, tear down or stop any unlawful, libelous misleading or false election propaganda After due notice and hearing Inquire into the financial records of candidates and any orgs Motu Proprio Or upon written representation for probable cause After due notice and hearing Commission may avail the assistance of: Commission on Audit o Cental Bank o o NBI BIR o AFP o o Integrated National Police of the Philippines Barangay officials o Other agencies of the government o
SECTION 55. OFFICE SPACE
EXCEPT: For cause and after due o hearing and notice In no case shall the abovementioned officers be assigned to a place where he and/or his spouse are related to any th candidate within the 4 civil degree of consanguinity or affinity
SECTION 58. DISQUALIFICATION OF MEMBERS OF THE COMMISSION
Subject to the Canons of Judicial Ethics Chairman and members of the Commission o In the discharge of their functions o No chairman or commissioner shall sit in a case o In which he has manifested bias or prejudice for or Against or antagonism against any party thereto or o He is disqualified under the ROC o If it be claimed that the C/C is disqualified Party objecting to his competency may file his objection o In writing to the Commission o Stating the grounds therefor o Official concerned Shall continue to participate in the hearing or o © Michelle Duguil
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Withdrawn therefrom in according with his determination of the question of his disqualification
Decision In writing Filed with the other papers of the case in according with the ROC If disqualification should result in a lack of quorum in the commission sitting en banc Presiding justice of the Intermediate Appellate Court o Shall designate a justice of said court to sit in said case For the purpose of hearing and reach a decision thereon o o
SECTION 59. PUBLICATION OF OFFICAL BALLOTS AND ELECTION RETURNS AND PRINTING THEREOF
Publish at least 10 days before an election In a newspaper of general circulation Certified data on: The number of official ballots and election returns o o Names and addresses of the printers and the numbers printed by each
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