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ph/1985/12/03/batas- pambansa- blg- 881- s- 1985/ March 19, 2013

Batas Pambansa Blg. 881, s. 1985
BATAS PAMBANSA BLG. 881
OMNIBUS ELECTION CODE OF THE PHILIPPINES
ARTICLE I
General Provisions
SECTION 1. Tit le. This Act shall be known and cit ed as t he Omnibus Elect ion Code of t he
Philippines. (New)
SECTION 2. Applicabilit y. This Code shall govern all elect ions of public of f icers and, t o t he
ext ent appropriat e, all ref erenda and plebiscit es. (Sec. 2 1978 EC)
SECTION 3. Elect ion and campaign periods. Unless ot herwise f ixed in special cases by t he
Commission on Elect ions, which hereinaf t er shall be ref erred t o as t he Commission, t he
elect ion period shall commence ninet y days bef ore t he day of t he elect ion and shall end t hirt y
days t hereaf t er. (Sec. 6, Art . XII-C, Const .)
The period of campaign shall be as f ollows:
1.President ial and Vice-President ial Elect ion 90 days;
2.Elect ion of Members of t he Bat asang Pambansa and Local Elect ion 45 days; and
3.Barangay Elect ion 15 days.
The campaign periods shall not include t he day bef ore and t he day of t he elect ion.
However, in case of special elect ions under Art icle VIII, Sect ion 5, Subsect ion (2) of t he
Const it ut ion, t he campaign period shall be f ort y-f ive days.
SECTION 4. Obligat ion t o regist er and vot e. It shall be t he obligat ion of every cit izen qualif ied
t o vot e t o regist er and cast his vot e. (Sec. 5, 1978 EC)
SECTION 5. Post ponement of elect ion. When f or any serious cause such as violence,
t errorism, loss or dest ruct ion of elect ion paraphernalia or records, f orce majeure, and ot her
analogous causes of such a nat ure t hat t he holding of a f ree, orderly and honest elect ion
should become impossible in any polit ical subdivision, t he Commission, mot u proprio or upon a
verif ied pet it ion by any int erest ed part y, and af t er due not ice and hearing, whereby all
int erest ed part ies are af f orded equal opport unit y t o be heard, shall post pone t he elect ion
t herein t o a dat e which should be reasonably close t o t he dat e of t he elect ion not held,
suspended or which result ed in a f ailure t o elect but not lat er t han t hirt y days af t er t he
cessat ion of t he cause f or such post ponement or suspension of t he elect ion or f ailure t o elect .
(Sec. 6, 1978 EC)
SECTION 6. Failure of elect ion. If , on account of f orce majeure, violence, t errorism, f raud, or
ot her analogous causes t he elect ion in any polling place has not been held on t he dat e f ixed, or
had been suspended bef ore t he hour f ixed by law f or t he closing of t he vot ing, or af t er t he
vot ing and during t he preparat ion and t he t ransmission of t he elect ion ret urns or in t he cust ody
or canvass t hereof , such elect ion result s in a f ailure t o elect , and in any of such cases t he
f ailure or suspension of elect ion would af f ect t he result of t he elect ion, t he Commission shall,
on t he basis of a verif ied pet it ion by any int erest ed part y and af t er due not ice and hearing, call
f or t he holding or cont inuat ion of t he elect ion not held, suspended or which result ed in a f ailure
t o elect on a dat e reasonably close t o t he dat e of t he elect ion not held, suspended or which
result ed in a f ailure t o elect but not lat er t han t hirt y days af t er t he cessat ion of t he cause of
such post ponement or suspension of t he elect ion or f ailure t o elect . (Sec. 7, 1978 EC)
SECTION 7. Call of special elect ion. (1) In case a vacancy arises in t he Bat asang Pambansa
eight een mont hs or more bef ore a regular elect ion, t he Commission shall call a special elect ion
t o be held wit hin sixt y days af t er t he vacancy occurs t o elect t he Member t o serve t he
unexpired t erm. (Sec. 5(2), Art . VIII, Const .)
(2) In case of t he dissolut ion of t he Bat asang Pambansa, t he President shall call an elect ion
which shall not be held earlier t han f ort y-f ive nor lat er t han sixt y days f rom t he dat e of such
dissolut ion. (Sec. 13(2), Art . VIII, Const .)
The Commission shall send suf f icient copies of it s resolut ion f or t he holding of t he elect ion t o
it s provincial elect ion supervisors and elect ion regist rars f or disseminat ion, who shall post
copies t hereof in at least t hree conspicuous places pref erably where public meet ings are held in
each cit y or municipalit y af f ect ed. (Sec. 8, 1978 EC)
SECTION 8. Elect ion Code t o be available in polling places. A print ed copy of t his Code in
English or in t he nat ional language shall be provided and be made available by t he Commission
in every polling place, in order t hat it may be readily consult ed by any person in need t hereof on
t he regist rat ion, revision and elect ion days. (Sec. 9, 1978 EC)
SECTION 9. Of f icial mail and t elegram relat ive t o elect ions. Papers connect ed wit h t he
elect ion and required by t his Code t o be sent by public of f icers in t he perf ormance of t heir
elect ion dut ies shall be f ree of post age and sent by regist ered special delivery mail. Telegrams
of t he same nat ure shall likewise be t ransmit t ed f ree of charge by government
t elecommunicat ions and similar f acilit ies.
It shall be t he dut y of t he Post mast er General, t he Direct or of t he Bureau of
Telecommunicat ions, and t he managers of privat e t elecommunicat ion companies t o t ransmit
immediat ely and in pref erence t o all ot her communicat ions or t elegrams messages, report ing
elect ion result s and such ot her messages or communicat ions which t he Commission may
require or may be necessary t o ensure f ree, honest and orderly elect ions. (Sec. 10, 1978 EC)
SECTION 10. Elect ion expenses. Except in barangay elect ions, such expenses as may be
necessary and reasonable in connect ion wit h t he elect ions, ref erenda, plebiscit es and ot her
similar exercises shall be paid by t he Commission. The Commission may direct t hat in t he
provinces, cit ies, or municipalit ies, t he elect ion expenses chargeable t o t he Commission be
advanced by t he province, cit y or municipalit y concerned subject t o reimbursement by t he
Commission upon present at ion of t he proper bill.
Funds needed by t he Commission t o def ray t he expenses f or t he holding of regular and special
elect ions, ref erenda and plebiscit es shall be provided in t he regular appropriat ions of t he
Commission which, upon request , shall immediat ely be released t o t he Commission. In case of
def iciency, t he amount so provided shall be augment ed f rom t he special act ivit ies f unds in t he
general appropriat ions act and f rom t hose specif ically appropriat ed f or t he purpose in special
laws. (New)
SECTION 11. Failure t o assume of f ice. The of f ice of any of f icial elect ed who f ails or ref uses
t o t ake his oat h of of f ice wit hin six mont hs f rom his proclamat ion shall be considered vacant ,
unless said f ailure is f or a cause or causes beyond his cont rol.
SECTION 12. Disqualif icat ions. Any person who has been declared by compet ent aut horit y
insane or incompet ent , or has been sent enced by f inal judgment f or subversion, insurrect ion,
rebellion or f or any of f ense f or which he has been sent enced t o a penalt y of more t han
eight een mont hs or f or a crime involving moral t urpit ude, shall be disqualif ied t o be a candidat e
and t o hold any of f ice, unless he has been given plenary pardon or grant ed amnest y.
This disqualif icat ions t o be a candidat e herein provided shall be deemed removed upon t he
declarat ion by compet ent aut horit y t hat said insanit y or incompet ence had been removed or
af t er t he expirat ion of a period of f ive years f rom his service of sent ence, unless wit hin t he
same period he again becomes disqualif ied.
ARTICLE II
Elect ion of President and Vice-President
SECTION 13. Regular elect ion f or President and Vice-President . The regular elect ion f or
President and Vice-President of t he Philippines shall be held on t he f irst Monday of May
Ninet een hundred eight y seven (1987) and on t he same day every six years t hereaf t er. The
President -elect and t he Vice-President -elect shall assume of f ice at t welve oclock noon on t he
t hirt iet h day of June next f ollowing t he elect ion and shall end at noon of t he same dat e, six
years t hereaf t er when t he t erm of his successor shall begin.
SECTION 14. Special elect ion f or President and Vice-President . In case a vacancy occurs f or
t he Of f ice of t he President and Vice-President , t he Bat asang Pambansa shall, at t en oclock in
t he morning of t he t hird day af t er t he vacancy occurs, convene in accordance wit h it s rules
wit hout need of a call and wit hin seven days enact a law calling f or a special elect ion t o elect a
President and a Vice-President t o be held not earlier t han f ort y-f ive days nor lat er t han sixt y
days f rom t he t ime of such call. The bill calling such special elect ion shall be deemed cert if ied
under paragraph (2), Sect ion 19, Art icle VIII of t he Const it ut ion and shall become law upon it s
approval on t hird reading by t he Bat asang Pambansa. Appropriat ions f or t he special elect ion
shall be charged against any current appropriat ions and shall be exempt f rom t he requirement s
of paragraph (4), Sect ion 16 of Art icle VIII of t he Const it ut ion. The convening of t he Bat asang
Pambansa cannot be suspended nor t he special elect ion post poned. No special elect ion shall
be called if t he vacancy occurs wit hin sevent y days bef ore t he dat e of t he president ial elect ion
of 1987. (Sec. 9, 3rd par. Art . VII, Const .)
SECTION 15. Canvass of vot es f or President and Vice-President by t he provincial or cit y board
of canvassers. The provincial, cit y, or dist rict boards of canvassers in Met ropolit an Manila, as
t he case may be, shall meet not lat er t han six oclock in t he evening on elect ion day t o canvass
t he elect ion ret urns t hat may have already been received by t hem, respect ively. It shall meet
cont inuously f rom day t o day unt il t he canvass is complet ed, but may adjourn only f or t he
purpose of await ing t he ot her elect ion ret urns. Each t ime t he board adjourns, it shall make a
t ot al of all t he vot es cast f or each candidat e f or President and f or Vice-President , duly
aut hent icat ed by t he signat ures and t humbmarks of all t he members of t he provincial, cit y or
dist rict boards of canvassers, f urnishing t he Commission in Manila by t he f ast est means of
communicat ion a copy t hereof , and making available t he dat a cont ained t herein t o mass media
and ot her int erest ed part ies. Upon t he complet ion of t he canvass, t he board shall prepare a
cert if icat e of canvass showing t he vot es received by each candidat e f or t he of f ice of t he
President and f or Vice-President , duly aut hent icat ed by t he signat ures and t humbmarks of all
t he members of t he provincial, cit y or dist rict board of canvassers. Upon t he complet ion of t he
cert if icat e of canvass, t he board shall cert if y and t ransmit t he said cert if icat e of canvass t o t he
Speaker of t he Bat asang Pambansa.
The provincial, cit y and dist rict boards of canvassers shall prepare t he cert if icat e of canvass f or
t he elect ion of President and Vice-President , support ed by a st at ement of vot es by polling
place, in quint uplicat e by t he use of carbon papers or such ot her means as t he Commission
shall prescribe t o t he end t hat all f ive copies shall be legibly produced in one handwrit ing. The
f ive copies of t he cert if icat e of canvass must bear t he signat ures and t humbmarks of all t he
members of t he board. Upon t he complet ion of t hese cert if icat es and st at ement s, t hey shall be
enclosed in envelopes f urnished by t he Commission and sealed, and immediat ely dist ribut ed as
f ollows: t he original copy shall be enclosed and sealed in t he envelope direct ed t o t he Speaker
and delivered t o him at t he Bat asang Pambansa by t he f ast est possible means; t he second
copy shall likewise be enclosed and sealed in t he envelope direct ed t o t he Commission; t he
t hird copy shall be ret ained by t he provincial elect ion supervisor, in t he case of t he provincial
board of canvassers, and by t he cit y elect ion regist rar, in t he case of t he cit y board of
canvassers; and one copy each t o t he aut horized represent at ives of t he ruling part y and t he
dominant opposit ion polit ical part y. Failure t o comply wit h t he requirement s of t his sect ion shall
const it ut e an elect ion of f ense. (Sec. 5, Art . VIII, Const .)
SECTION 16. Count ing of vot es f or President and Vice-President by t he Bat asang Pambansa.
The cert if icat es of canvass, duly cert if ied by t he board of canvassers of each province, cit y
or dist rict in Met ropolit an Manila shall be t ransmit t ed t o t he Speaker of t he Bat asang
Pambansa, who shall, not lat er t han t hirt y days af t er t he day of t he elect ion, convene t he
Bat asang Pambansa in session and in it s presence open all t he cert if icat es of canvass, and t he
vot es shall t hen be count ed. (Sec. 5 Art . VII, Const .)
SECTION 17. Correct ion of errors in cert if icat e and support ing st at ement already t ransmit t ed
t o t he Speaker. No correct ion of errors allegedly commit t ed in t he cert if icat e of canvass and
support ing st at ement already t ransmit t ed t o t he Speaker of t he Bat asang Pambansa shall be
allowed, subject t o t he provisions of t he succeeding sect ion. (BP 125)
SECTION 18. Preservat ion of ballot boxes, t heir keys, and disposit ion of t heir cont ent s. Unt il
af t er t he complet ion by t he Bat asang Pambansa of t he canvassing of t he vot es and unt il an
uncont est ed proclamat ion of t he President -elect and Vice-President -elect shall have been
obt ained, t he provincial, cit y or dist rict board of canvassers under t he joint responsibilit y wit h
t he provincial, cit y or municipal t reasurers shall provide f or t he saf ekeeping and st orage of t he
ballot boxes in a saf e and closed chamber secured by f our padlocks: one t o be provided by t he
corresponding board chairman; one by t he provincial or cit y t reasurer concerned; and one each
by t he ruling part y and t he accredit ed dominant opposit ion polit ical part y.
SECTION 19. When cert if icat e of canvass is incomplet e or bears erasures or alt erat ions.
When t he cert if icat e of canvass, duly cert if ied by t he board of canvassers of each province,
cit y or dist rict in Met ropolit an Manila and t ransmit t ed t o t he Speaker of t he Bat asang
Pambansa, as provided in t he Const it ut ion, appears t o be incomplet e, t he Speaker shall require
t he board of canvassers concerned t o t ransmit t o his of f ice, by personal delivery, t he elect ion
ret urns f rom polling places t hat were not included in t he cert if icat e of canvass and support ing
st at ement s. Said elect ion ret urns shall be submit t ed by personal delivery t o t he Speaker wit hin
t wo days f rom receipt of not ice.
When it appears t hat any cert if icat e of canvass or support ing st at ement of vot es by polling
place bears erasures or alt erat ions which may cast doubt as t o t he veracit y of t he number of
vot es st at ed t herein and may af f ect t he result of t he elect ion, t he Bat asang Pambansa upon
request of t he President ial or Vice-President ial candidat e concerned or his part y shall, f or t he
sole purpose of verif ying t he act ual number of vot es cast f or President or Vice-President ,
count t he vot es as t hey appear in t he copies of t he elect ion ret urns f or t he Commission. For
t his purpose, t he Speaker shall require t he Commission t o deliver it s copies of t he elect ion
ret urns t o t he Bat asang Pambansa. (BP 125)
SECTION 20. Proclamat ion of t he President -elect and Vice-President -elect . Upon t he
complet ion of t he canvass of t he vot es by t he Bat asang Pambansa, t he persons obt aining t he
highest number of vot es f or President and f or Vice-President shall be declared elect ed; but in
case t wo or more shall have an equal and t he highest number of vot es, one of t hem shall be
chosen President or Vice-President , as t he case may be, by a majorit y vot e of all t he Members
of t he Bat asang Pambansa in session assembled. (Sec. 5, Art . VII, Const .)
In case t here are cert if icat es of canvass which have not been submit t ed t o t he Speaker of t he
Bat asang Pambansa on account of missing elect ion ret urns, a proclamat ion may be made if t he
missing cert if icat es will not af f ect t he result s of t he elect ion.
In case t he cert if icat es of canvass which were not submit t ed on account of missing elect ion
ret urns will af f ect t he result s of t he elect ion, no proclamat ion shall be made. The Speaker shall
immediat ely inst ruct t he boards of canvassers concerned t o obt ain t he missing elect ion ret urns
f rom t he boards of elect ion inspect ors or, if t he ret urns have been lost or dest royed upon prior
aut horit y f rom t he Commission, t o use any aut hent ic copy of said elect ion ret urns f or t he
purpose of conduct ing t he canvass, and t hereaf t er issue t he cert if icat es of canvass. The
cert if icat es of canvass shall be immediat ely t ransmit t ed t o t he Speaker of t he Bat asang
Pambansa.
Proclamat ion shall be made only upon submission of all cert if icat es of canvass or when t he
missing cert if icat es of canvass will not af f ect t he result s of t he elect ion. (New)
ARTICLE III
Elect ion of Members of t he Bat asang Pambansa
SECTION 21. Regular elect ion of Members of t he Bat asang Pambansa. The regular elect ion
of t he Members of t he Bat asang Pambansa shall be held on t he second Monday of May,
Ninet een hundred and ninet y (1990) and on t he same day every six years t hereaf t er. (Sec. 5(1)
Art . VIII, Const .)
SECTION 22. Special elect ion f or Members of t he Bat asang Pambansa. In case a vacancy
arises in t he Bat asang Pambansa eight een mont hs or more bef ore a regular elect ion, t he
Commission shall call a special elect ion t o be held wit hin sixt y days af t er t he vacancy occurs t o
elect t he Member t o serve t he unexpired t erm. (Sec. 5, Subsec. (2), Art . VIII, Const .)
The Bat asang Pambansa t hrough a duly approved resolut ion or an of f icial communicat ion of
t he Speaker when it is not in session shall cert if y t o t he Commission t he exist ence of said
vacancy.
SECTION 23. Composit ion of t he Bat asang Pambansa. The Bat asang Pambansa shall be
composed of not more t han t wo hundred Members elect ed f rom t he dif f erent provinces of t he
Philippines wit h t heir component cit ies, highly urbanized cit ies and dist rict s of Met ropolit an
Manila, t hose elect ed or select ed f rom various sect ors as provided herein, and t hose chosen by
t he President f rom t he members of t he Cabinet . (Sec. 2, Art . VIII, Const .)
SECTION 24. Apport ionment of represent at ives. Unt il a new apport ionment shall have been
made, t he Members of t he Bat asang Pambansa shall be apport ioned in accordance wit h t he
Ordinance appended t o t he Const it ut ion, as f ollows:
Nat ional Capit al Region: Manila, 6; Quezon Cit y, 4; Caloocan, 2; Pasay, 1; Pasig and Marikina, 2;
Las Pias and Paraaque, 1; Makat i, 1; Malabon, Navot as and Valenzuela, 2; San Juan and
Mandaluyong, 1; Taguig, Pat eros and Munt inglupa, 1.
Region 1: Abra, 1; Benguet , 1; Ilocos Nort e wit h Laoag Cit y, 2; Ilocos Sur, 2; La Union, 2;
Mount ain Province, 1; Pangasinan wit h t he cit ies of Dagupan and San Carlos, 6; Baguio Cit y, 1.
Region II: Bat anes, 1; Cagayan, 3; If ugao, 1; Isabela, 3; Kalinga-Apayao, 1; Nueva Vizcaya, 1;
Quirino, 1.
Region III: Bat aan, 1; Bulacan, 4; Nueva Ecija wit h t he cit ies of Cabanat uan, Palayan and San
Jose, 4; Pampanga wit h Angeles Cit y, 4; Tarlac, 2; Zambales, 1; Olongapo Cit y, 1.
Region IV: Aurora, 1; Bat angas wit h t he cit ies of Bat angas and Lipa, 4; Cavit e wit h t he cit ies of
Cavit e, Tagayt ay and Trece Mart ires, 3; Laguna wit h San Pablo Cit y, 4; Marinduque, 1;
Occident al Mindoro, 1; Orient al Mindoro, 2; Palawan wit h Puert o Princesa Cit y, 1; Quezon wit h
Lucena Cit y, 4; Rizal, 2; Romblon, 1.
Region V: Albay wit h Legaspi Cit y, 3; Camarines Nort e, 1; Camarines Sur wit h t he cit ies of Iriga
and Naga, 4; Cat anduanes, 1; Masbat e, 2; Sorsogon, 2.
Region VI: Aklan, 1; Ant ique, 1; Capiz wit h Roxas Cit y, 2; Iloilo wit h Iloilo Cit y, 5; Negros
Occident al wit h t he cit ies of Bacolod, Bago, Cadiz, La Carlot a, San Carlos and Silay, 7.
Region VII: Bohol wit h Tagbilaran Cit y, 3; Cebu wit h t he cit ies of Danao, Lapu-Lapu, Mandaue
and Toledo, 6; Negros Orient al wit h t he cit ies of Bais, Canlaon and Dumaguet e, 3; Siquijor, 1;
Cebu Cit y, 2.
Region VIII: Leyt e wit h t he cit ies of Ormoc and Tacloban, 5; Sout hern Leyt e, 1; East ern Samar,
1; Nort hern Samar, 1; Samar wit h Calbayog Cit y, 2.
Region IX: Basilan, 1; Sulu, 1; Tawi-Tawi, 1; Zamboanga del Nort e wit h t he cit ies of Dapit an and
Dipolog, 2; Zamboanga del Sur wit h Pagadian Cit y, 3; Zamboanga Cit y, 1.
Region X: Agusan del Nort e wit h But uan Cit y, 1; Agusan del Sur, 1; Bukidnon, 2; Camiguin, 1;
Misamis Occident al wit h t he cit ies of Oroquiet a, Ozamis and Tangub, 1; Misamis Orient al wit h
Gingoog Cit y, 2; Surigao del Nort e wit h Surigao Cit y, 1; Cagayan de Oro Cit y, 1.
Region XI: Surigao del Sur, 1; Davao del Nort e, 3; Davao Orient al, 1; Davao del Sur, 2; Sout h
Cot abat o wit h General Sant os Cit y, 3; Davao Cit y, 2.
Region XII: Lanao del Nort e, 1; Lanao del Sur wit h Marawi Cit y, 2; Maguindanao wit h Cot abat o
Cit y, 2; Nort h Cot abat o, 2; Sult an Kudarat , 1; Iligan Cit y, 1. (Sec. 1, Ordinance Appended t o
Const .)
Any province t hat may hereaf t er be creat ed or any component cit y t hat may hereaf t er be
declared by or pursuant t o law as a highly urbanized cit y shall be ent it led in t he immediat ely
f ollowing elect ion t o at least one Member or such number of Members as it may be ent it led t o
on t he basis of t he number of t he inhabit ant s and on t he same unif orm and progressive rat io
used in t he last preceding apport ionment . The number of Members apport ioned t o t he province
out of which t he new province was creat ed or where t he new highly urbanized cit y is
geographically locat ed shall be correspondingly adjust ed by t he Commission, but such
adjust ment shall not be made wit hin one hundred t went y days bef ore t he elect ion. (Sec. 2, BP
Res. 112, Id.)
SECTION 25. Vot ing by province and it s component cit ies, by highly urbanized cit y or by dist rict
in Met ropolit an Manila. All candidat es shall be vot ed at large by t he regist ered vot ers of t heir
respect ive const it uencies. The candidat es corresponding t o t he number of Member or
Members t o be elect ed in a const it uency who receive t he highest number of vot es shall be
declared elect ed. (Sec. 3, BP 697)
SECTION 26. Sect oral represent at ives. There shall be t hree sect ors t o be represent ed in t he
Bat asang Pambansa, namely: (1) yout h; (2) agricult ural labor; (3) indust rial labor whose
represent at ives shall be elect ed in t he manner herein provided. Each sect or shall be ent it led t o
f our represent at ives, t wo of whom shall come f rom Luzon, one f rom Visayas, and one f rom
Mindanao: Provided, That t he yout h sect or shall be ent it led t o t wo addit ional sect oral
represent at ives who shall be elect ed f rom any part of t he count ry. (Sec. 4, BP 697)
SECTION 27. Scope of t he sect ors. The agricult ural labor sect or covers all persons who
personally and physically t ill t he land as t heir principal occupat ion. It includes agricult ural t enant s
and lessees, rural workers and f arm employees, owner-cult ivat ors, set t lers and small f ishermen.
(Sec. 5, BP 697)
The indust rial labor sect or includes all non-agricult ural workers and employees.
The yout h sect or embraces persons not more t han t went y-f ive years of age. (Sec. 5, BP 697)
SECTION 28. Select ion of sect oral represent at ives. Not lat er t han t went y days af t er t he
elect ion of provincial, cit y or dist rict represent at ives, t he most represent at ive and generally
recognized organizat ions or aggroupment s of members of t he agricult ural labor, indust rial
labor, and yout h sect ors, as at t est ed t o by t he Minist ers of Agrarian Ref orm and of Agricult ure
and Food, t he Minist er of Labor and Employment , and t he Minist ers of Local Government and
of Educat ion, Cult ure and Sport s, respect ively, shall, in accordance wit h t he procedures of said
organizat ions or aggroupment s of members of t he sect or, submit t o t he President t heir
respect ive nominees f or each slot allot t ed f or each sect or. The President shall appoint f rom
among t he nominees submit t ed by t he af orement ioned organizat ions or aggroupment s t he
represent at ives of each sect or.
In recognizing t he most represent at ive and generally recognized organizat ions or
aggroupment s, t he Minist ers of Agrarian Ref orm and of Agricult ure and Food, t he Minist er of
Labor and Employment , and t he Minist ers of Local Government and Educat ion, Cult ure and
Sport s shall consider:
(a) The ext ent of membership and act ivit y of t he organizat ion or aggroupment which should be
nat ional;
(b) The responsiveness of t he organizat ion or aggroupment t o t he legit imat e aspirat ions of it s
sect or;
(c) The milit ancy and consist ency of t he organizat ion or aggroupment in espousing t he cause
and promot ing t he welf are of t he sect or consist ent wit h t hat of t he whole count ry;
(d) The observance by such organizat ion or aggroupment of t he rule of law; and
(e) Ot her analogous f act ors.
The President of t he Philippines shall, in writ ing, not if y t he Secret ary-General of t he Bat asang
Pambansa of t he appoint ment made by him of any sect oral represent at ive.
Except as herein ot herwise provided, sect oral represent at ives shall have t he same f unct ions,
responsibilit ies, right s, privileges, qualif icat ions and disqualif icat ions as t he represent at ives f rom
t he provinces and t heir component cit ies, highly urbanized cit ies or dist rict s of Met ropolit an
Manila. (Sec. 6, BP 697)
ARTICLE IV
Elect ion of Local Of f icials
SECTION 29. Regular elect ions of local of f icials. The elect ion of provincial, cit y and municipal
of f icials whose posit ions are provided f or by t he Local Government Code shall be held
t hroughout t he Philippines in t he manner herein prescribed on t he f irst Monday of May,
Ninet een hundred and eight y-six and on t he same day every six years t hereaf t er.
The of f icials elect ed shall assume of f ice on t he t hirt iet h day of June next f ollowing t he elect ion
and shall hold of f ice f or six years and unt il t heir successors shall have been elect ed and
qualif ied.
All local incumbent of f icials whose t enure of of f ice shall expire on March 23, 1986 shall hold
of f ice unt il June 30, 1986 or unt il t heir successors shall have been elect ed and qualif ied:
Provided, That t hey cannot be suspended or removed wit hout just cause. (New)
SECTION 30. Component and highly urbanized cit ies. Unless t heir respect ive chart ers provide
ot herwise, t he elect orat e of component cit ies shall be ent it led t o vot e in t he elect ion f or
provincial of f icials of t he province of which it is a part .
The elect orat e of highly urbanized cit ies shall not vot e in t he elect ion f or provincial of f icials of
t he province in which it is locat ed: Provided, however, That no component cit y shall be declared
or be ent it led t o a highly urbanized cit y st at us wit hin ninet y days prior t o any elect ion. (New)
ARTICLE V
Elect ion of Members of t he Regional Assembly of t he Aut onomous Regions
SECTION 31. The Sangguniang Pampook of t he aut onomous regions. Region IX and Region
XII in sout hern Philippines shall each have a Sangguniang Pampook t o be composed of t went y-
seven members and shall include sevent een represent at ives elect ed f rom t he dif f erent
provinces and cit ies of each region, and a sect oral represent at ive each f rom among t he yout h,
agricult ural workers, and non-agricult ural workers (indust rial labor) of each region t o be select ed
in t he manner herein provided whose qualif icat ions and disqualif icat ions are t he same as
Members of t he Bat asang Pambansa.
The President shall appoint an addit ional seven represent at ives in each region whenever in his
judgment any ot her sect or is not properly represent ed in t he Sangguniang Pampook as a result
of t he elect ions. (BP 229)
SECTION 32. Apport ionment of members of t he Sangguniang Pampook. The Members of t he
Sangguniang Pampook of Region IX and of Region XII shall be apport ioned as f ollows:
Region IX: Basilan, one (1); Sulu, t hree (3); Tawi-Tawi, one (1); Zamboanga del Nort e including
t he cit ies of Dipolog and Dapit an, f our, (4); and Zamboanga del Sur, including t he Cit y of
Pagadian, six (6); and Zamboanga Cit y, t wo (2);
Region XII: Lanao del Nort e, t wo (2); Iligan Cit y, one (1); Lanao del Sur including t he Cit y of
Marawi, f our (4); Maguindanao including t he Cit y of Cot abat o, f our (4); Nort h Cot abat o, f our
(4); and Sult an Kudarat , t wo (2). (Sec. 6, PD 1618)
SECTION 33. Elect ion of members of Sangguniang Pampook. The candidat es f or t he
posit ion of sevent een represent at ives t o t he Sangguniang Pampook of Region IX and of
Region XII shall be vot ed at large by t he regist ered vot ers of each province including t he cit ies
concerned.
The candidat es corresponding t o t he number of member or members t o be elect ed in a
const it uency who receive t he highest number of vot es shall be declared elect ed. (Sec. 1, BP
229)
SECTION 34. Select ion of sect oral represent at ives. The President shall, wit hin t hirt y days
f rom t he convening of each Sangguniang Pampook, appoint t he sect oral represent at ives on
recommendat ion of t he Sangguniang Pampook and af t er due consult at ion wit h t he
represent at ive and generally recognized organizat ions or aggrupat ions of members of t he
yout h, agricult ural workers and non-agricult ural workers as at t est ed by t he Minist ers of Local
Government and of Educat ion, Cult ure and Sport s (yout h), Minist ers of Agrarian Ref orm and of
Agricult ure and Food (agricult ural workers), and Minist ers of Labor and Employment (non-
agricult ural or indust rial labor).
The President of t he Philippines shall in writ ing not if y t he Speaker of t he Sangguniang
Pampook of each region of t he appoint ment made by him of any sect oral represent at ive.
The sect oral represent at ives shall have t he same f unct ions, responsibilit ies, right s, privileges,
qualif icat ions and disqualif icat ions as t he elect ive provincial represent at ives t o t he
Sangguniang Pampook: Provided, however, That no def eat ed candidat e f or member of t he
Sangguniang Pampook in t he immediat ely preceding elect ion shall be appoint ed as sect oral
represent at ive. (New)
SECTION 35. Filling of vacancy. Pending an elect ion t o f ill a vacancy arising f rom any cause in
t he Sangguniang Pampook, t he vacancy shall be f illed by t he President , upon recommendat ion
of t he Sangguniang Pampook: Provided, That t he appoint ee shall come f rom t he same
province or sect or of t he member being replaced. (Sec. 5, BP 20)
SECTION 36. Term of of f ice. The present members of t he Sangguniang Pampook of each of
Region IX and Region XII shall cont inue in of f ice unt il June 30, 1986 or unt il t heir successors
shall have been elect ed and qualif ied or appoint ed and qualif ied in t he case of sect oral
members. They may not be removed or replaced except in accordance wit h t he int ernal rules of
said assembly or provisions of pert inent laws.
The elect ion of members of t he Sangguniang Pampook of t he t wo regions shall be held
simult aneously wit h t he local elect ions of 1986. Those elect ed in said elect ions shall have a
t erm of f our years st art ing June 30, 1986.
Those elect ed in t he elect ion of 1990 t o be held simult aneously wit h t he elect ions of Members
of t he Bat asang Pambansa shall have a t erm of six years.
ARTICLE VI
Elect ion of Barangay Of f icials
SECTION 37. Regular elect ion of barangay of f icials. The elect ion f or barangay of f icials shall
be held t hroughout t he Philippines in t he manner prescribed on t he second Monday of May
Ninet een hundred and eight y-eight and on t he same day every six years t hereaf t er.
The of f icials elect ed shall assume of f ice on t he t hirt iet h day of June next f ollowing t he elect ion
and shall hold of f ice f or six years and unt il t heir successors shall have been elect ed and
qualif ied.
SECTION 38. Conduct of elect ions. The barangay elect ion shall be non-part isan and shall be
conduct ed in an expedit ious and inexpensive manner.
No person who f iles a cert if icat e of candidacy shall represent or allow himself t o be
represent ed as a candidat e of any polit ical part y or any ot her organizat ion; and no polit ical
part y, polit ical group, polit ical commit t ee, civic, religious, prof essional, or ot her organizat ion or
organized group of what ever nat ure shall int ervene in his nominat ion or in t he f iling of his
cert if icat e of candidacy or give aid or support , direct ly or indirect ly, mat erial or ot herwise,
f avorable t o or against his campaign f or elect ion: Provided, That t his provision shall not apply
t o t he members of t he f amily of a candidat e wit hin t he f ourt h civil degree of consanguinit y or
af f init y nor t o t he personal campaign st af f of t he candidat e which shall not be more t han one
f or every one hundred regist ered vot ers in his barangay: Provided, however, That wit hout
prejudice t o any liabilit y t hat may be incurred, no permit t o hold a public meet ing shall be denied
on t he ground t hat t he provisions of t his paragraph may or will be violat ed.
Not hing in t his sect ion, however, shall be const rued as in any manner af f ect ing or const it ut ing
an impairment of t he f reedom of individuals t o support or oppose any candidat e f or any
barangay of f ice.
SECTION 39. Cert if icat e of Candidacy. No person shall be elect ed punong barangay or
kagawad ng sangguniang barangay unless he f iles a sworn cert if icat e of candidacy in t riplicat e
on any day f rom t he commencement of t he elect ion period but not lat er t han t he day bef ore
t he beginning of t he campaign period in a f orm t o be prescribed by t he Commission. The
candidat e shall st at e t he barangay of f ice f or which he is a candidat e.
The cert if icat e of candidacy shall be f iled wit h t he secret ary of t he sangguniang barangay who
shall have t he minist erial dut y t o receive said cert if icat e of candidacy and t o immediat ely
acknowledge receipt t hereof .
In case t he secret ary ref uses t o receive t he same, or in t he case of his absence or non-
availabilit y, a candidat e may f ile his cert if icat e wit h t he elect ion regist rar of t he cit y or
municipalit y concerned.
The secret ary of t he sangguniang barangay or t he elect ion regist rar, as t he case may be, shall
prepare a consolidat ed list of all t he candidat es and shall post said list in t he barangay hall and
in ot her conspicuous places in t he barangay at least t en days bef ore t he elect ion.
Any elect ive or appoint ive municipal, cit y, provincial or nat ional of f icial or employee, or t hose in
t he civil or milit ary service, including t hose in government -owned or cont rolled corporat ions,
shall be considered aut omat ically resigned upon t he f iling of cert if icat e of candidacy f or a
barangay of f ice.
SECTION 40. Board of Elect ion Tellers. (1) The Commission shall const it ut e not lat er t han t en
days bef ore t he elect ion a board of elect ion t ellers in every barangay polling place, t o be
composed of a public element ary school t eacher as chairman, and t wo members who are
regist ered vot ers of t he polling place concerned, but who are not incumbent barangay of f icials
nor relat ed t o any candidat e f or any posit ion in t hat barangay wit hin t he f ourt h civil degree of
af f init y or consanguinit y.
In case no public element ary school t eachers are available, t he Commission shall designat e any
regist ered vot er in t he polling place who is not an incumbent barangay of f icial nor relat ed t o
any candidat e f or any posit ion in t hat barangay wit hin t he f ourt h civil degree of af f init y or
consanguinit y.
(2) The board of elect ion t ellers shall supervise and conduct t he elect ion in t heir respect ive
polling places, count t he vot es and t hereaf t er prepare a report in t riplicat e on a f orm prescribed
by t he Commission. The original of t his report shall be delivered immediat ely t o t he barangay
board of canvassers. The second copy shall be delivered t o t he elect ion regist rar and t he t hird
copy shall be delivered t o t he secret ary of t he sangguniang barangay who shall keep t he same
on f ile.
SECTION 41. Regist rat ion of vot ers and list of vot ers. Not lat er t han seven days bef ore t he
elect ion, t he board of elect ion t ellers shall meet in every barangay polling place t o conduct t he
regist rat ion of barangay vot ers and t o prepare t he list of vot ers. Any vot er may challenge t he
qualif icat ion of any person seeking t o regist er and said challenge shall be heard and decided on
t he same day by t he board of elect ion t ellers.
The f inal list of vot ers shall be post ed in t he polling places at least t wo days bef ore elect ion
day. The regist rat ion of any vot er shall not be t ransf erred wit hout writ t en not ice at least t wo
days bef ore t he dat e of elect ion. Not lat er t han t he day f ollowing t he barangay elect ion, t he
board of elect ion t ellers shall deliver t he list of vot ers t o t he elect ion regist rar f or cust ody and
saf ekeeping.
SECTION 42. Polling places. (1) The chairman of t he board of elect ion t ellers shall designat e
t he public school or any ot her public building wit hin t he barangay t o be used as polling place in
case t he barangay has one elect ion precinct . (2) For barangays wit h t wo or more elect ion
precinct s t he chairman of t he board of canvassers shall designat e t he public school or any
ot her public building t o be used as polling place.
In case t here is no public school or ot her public building t hat can be used as polling places,
ot her appropriat e privat e buildings may be designat ed: Provided, That such buildings are not
owned or occupied or possessed by any incumbent elect ive public of f icial or candidat e, or his
relat ive wit hin t he f ourt h civil degree of consanguinit y or af f init y. The polling place shall be
cent rally locat ed as possible, always t aking int o considerat ion t he convenience and saf et y of
t he vot ers.
SECTION 43. Of f icial barangay ballot s. The of f icial barangay ballot s shall be provided by t he
cit y or municipalit y concerned of a size and color t o be prescribed by t he Commission.
Such of f icial ballot s shall, bef ore t hey are handed t o t he vot er at t he polling place, be
aut hent icat ed in t he presence of t he vot er, by t he aut horized represent at ives of t he
candidat es and t he chairman and members of t he board of elect ion t ellers who shall af f ix t heir
signat ures at t he back t hereof . Any ballot which is not aut hent icat ed shall be deemed spurious.
SECTION 44. Ballot boxes. The Commission shall provide t he ballot boxes f or each barangay
polling place, but each candidat e may be permit t ed t o provide a padlock f or said ballot box.
SECTION 45. Post ponement or f ailure of elect ion. When f or any serious cause such as
violence, t errorism, loss or dest ruct ion of elect ion paraphernalia or records, f orce majeure, and
ot her analogous causes of such nat ure t hat t he holding of a f ree, orderly and honest elect ion
should become impossible in any barangay, t he Commission, upon a verif ied pet it ion of an
int erest ed part y and af t er due not ice and hearing at which t he int erest ed part ies are given
equal opport unit y t o be heard, shall post pone t he elect ion t herein f or such t ime as it may deem
necessary.
If , on account of f orce majeure, violence, t errorism, f raud or ot her analogous causes, t he
elect ion in any barangay has not been held on t he dat e herein f ixed or has been suspended
bef ore t he hour f ixed by law f or t he closing of t he vot ing t herein and such f ailure or suspension
of elect ion would af f ect t he result of t he elect ion, t he Commission, on t he basis of a verif ied
pet it ion of an int erest ed part y, and af t er due not ice and hearing, at which t he int erest ed part ies
are given equal opport unit y t o be heard shall call f or t he holding or cont inuat ion of t he elect ion
wit hin t hirt y days af t er it shall have verif ied and f ound t hat t he cause or causes f or which t he
elect ion has been post poned or suspended have ceased t o exist or upon pet it ion of at least
t hirt y percent of t he regist ered vot ers in t he barangay concerned.
When t he condit ions in t hese areas warrant , upon verif icat ion by t he Commission, or upon
pet it ion of at least t hirt y percent of t he regist ered vot ers in t he barangay concerned, it shall
order t he holding of t he barangay elect ion which was post poned or suspended.
SECTION 46. Barangay board of canvassers. (1) The Commission shall const it ut e a board of
canvassers at least seven days bef ore t he elect ion in each barangay, t o be composed of t he
senior public element ary school t eacher in t he barangay as chairman, and t wo ot her public
element ary school t eachers, as members.
In case t he number of public element ary school t eachers is inadequat e, t he Commission shall
designat e t he chairman and members of t he barangay board of canvassers f rom among t he
board of elect ion t ellers.
(2) The barangay board of canvassers shall meet immediat ely in a building where a polling place
is f ound and which is most cent rally locat ed in t he barangay and af t er canvassing t he result s
f rom t he various polling places wit hin t he barangay, proclaim t he winners. The board of
canvassers shall accomplish t he cert if icat e of proclamat ion in t riplicat e on a f orm t o be
prescribed by t he Commission. The original of t he cert if icat e shall be sent t o t he elect ion
regist rar concerned, t he second copy shall be delivered t o t he secret ary of t he sangguniang
bayan or sangguniang panlungsod, as t he case may be, and t he t hird copy shall be kept on f ile
by t he secret ary of t he sangguniang barangay.
(3) In a barangay where t here is only one polling place, t he barangay board of elect ion t ellers
shall also be t he barangay board of canvassers.
SECTION 47. Act ivit ies during t he campaign period. During t he campaign period, t he punong
barangay if he is not a candidat e, or any resident of t he barangay designat ed by t he
Commission, shall convene t he barangay assembly at least once f or t he purpose of allowing
t he candidat es t o appear at a joint meet ing duly called, upon proper and wit h at least t wo days
not ice, t o explain t o t he barangay vot ers t heir respect ive program of administ rat ion, t heir
qualif icat ions, and ot her inf ormat ion t hat may help enlight en vot ers in cast ing t heir vot es.
The members of t he barangay assembly may t ake up and discuss ot her mat t ers relat ive t o t he
elect ion of barangay of f icials.
SECTION 48. Wat chers. Candidat es may appoint t wo wat chers each, t o serve alt ernat ely, in
every polling place wit hin t he barangay, who shall be f urnished wit h a signed copy of t he result s
of t he elect ion, in such f orm as t he Commission may prescribe, immediat ely af t er t he
complet ion of t he canvass.
SECTION 49. Inclusion and exclusion cases. Inclusion and exclusion cases which shall be
decided not lat er t han seven bef ore t he dat e of t he elect ion shall be wit hin t he exclusive
original jurisdict ion of t he municipal or met ropolit an t rial court . The not ice of such decision shall
be served t o all part ies wit hin t went y-f our hours f ollowing it s promulgat ion and any part y
adversely af f ect ed may appeal t heref rom wit hin t went y-f our hours t o t he regional t rial court
which shall f inally decide t he same not lat er t han t wo days bef ore t he dat e of t he elect ion.
SECTION 50. Funding. Local government s shall appropriat e such f unds t o def ray such
necessary and reasonable expenses of t he members of t he board of elect ion t ellers, board of
canvassers and t he print ing of elect ion f orms and procurement of ot her elect ion paraphernalia,
and t he inst allat ion of polling boot hs.
SECTION 51. Penalt ies. -Violat ions of any provisions of t his Art icle shall const it ut e prohibit ed
act s and shall be prosecut ed and penalized in accordance wit h t he provisions of t his Code.
ARTICLE VII
The Commission on Elect ions
SECTION 52. Powers and f unct ions of t he Commission on Elect ions. In addit ion t o t he
powers and f unct ions conf erred upon it by t he Const it ut ion, t he Commission shall have
exclusive charge of t he enf orcement and administ rat ion of all laws relat ive t o t he conduct of
elect ions f or t he purpose of ensuring f ree, orderly and honest elect ions, except as ot herwise
provided herein and shall:
(a) Exercise direct and immediat e supervision and cont rol over nat ional and local of f icials or
employees, including members of any nat ional or local law enf orcement agency and
inst rument alit y of t he government required by law t o perf orm dut ies relat ive t o t he conduct of
elect ions. In addit ion, it may aut horize CMT cadet s eight een years of age and above t o act as
it s deput ies f or t he purpose of enf orcing it s orders.
The Commission may relieve any of f icer or employee ref erred t o in t he preceding paragraph
f rom t he perf ormance of his dut ies relat ing t o elect oral processes who violat es t he elect ion law
or f ails t o comply wit h it s inst ruct ions, orders, decisions or rulings, and appoint his subst it ut e.
Upon recommendat ion of t he Commission, t he corresponding proper aut horit y shall suspend or
remove f rom of f ice any or all of such of f icers or employees who may, af t er due process, be
f ound guilt y of such violat ion or f ailure.
(b) During t he period of t he campaign and ending t hirt y days t hereaf t er, when in any area of t he
count ry t here are persons commit t ing act s of t errorism t o inf luence people t o vot e f or or
against any candidat e or polit ical part y, t he Commission shall have t he power t o aut horize any
member or members of t he Armed Forces of t he Philippines, t he Nat ional Bureau of
Invest igat ion, t he Int egrat ed Nat ional Police or any similar agency or inst rument alit y of t he
government , except civilian home def ense f orces, t o act as deput ies f or t he purpose of
ensuring t he holding of f ree, orderly and honest elect ions.
(c) Promulgat e rules and regulat ions implement ing t he provisions of t his Code or ot her laws
which t he Commission is required t o enf orce and administ er, and require t he payment of legal
f ees and collect t he same in payment of any business done in t he Commission, at rat es t hat it
may provide and f ix in it s rules and regulat ions.
Rules and regulat ions promulgat ed by t he Commission shall t ake ef f ect af t er t hree (3) days
f ollowing t he publicat ion t hereof in at least t wo (2) daily newspapers of general circulat ion.
Orders and direct ives issued by t he Commission pursuant t o said rules and regulat ions shall be
f urnished by personal delivery t o accredit ed polit ical part ies wit hin f ort y-eight hours of issuance
and shall t ake ef f ect immediat ely upon receipt . (Sec. 3(b), 1971 EC)
In case of conf lict bet ween rules, regulat ions, orders or direct ives of t he Commission in t he
exercise of it s const it ut ional powers and t hose issued by any ot her administ rat ive of f ice or
agency of t he government concerning t he same mat t er relat ive t o elect ions, t he f ormer shall
prevail. (Sec. 185(b), 1978 EC)
(d) Summon t he part ies t o a cont roversy pending bef ore it , issue subpoena and subpoena
duces t ecum, and t ake t est imony in any invest igat ion or hearing bef ore it , and delegat e such
power t o any of f icer of t he Commission who shall be a member of t he Philippine Bar. In case of
f ailure of a wit ness t o at t end, t he Commission, upon proof of service of t he subpoena t o said
wit nesses, may issue a warrant t o arrest wit ness and bring him bef ore t he Commission or t he
of f icer bef ore whom his at t endance is required.
Any cont roversy submit t ed t o t he Commission shall, af t er compliance wit h t he requirement s of
due process, be immediat ely heard and decided by it wit hin sixt y days f rom submission t hereof .
No decision or resolut ion shall be rendered by t he Commission eit her en banc or by division
unless t aken up in a f ormal session properly convened f or t he purpose.
The Commission may, when necessary, avail of t he assist ance of any nat ional or local law
enf orcement agency and/or inst rument alit y of t he government t o execut e under it s direct and
immediat e supervision any of it s f inal decisions, orders, inst ruct ions or rulings. (Sec. 185(i), 1978
EC)
(e) Punish cont empt s provided f or in t he Rules of Court in t he same procedure and wit h t he
same penalt ies provided t herein. Any violat ion of any f inal and execut ory decision, order or
ruling of t he Commission shall const it ut e cont empt t hereof . (Sec. 185(i), 1978 EC, wit h
amendment s)
(f ) Enf orce and execut e it s decisions, direct ives, orders and inst ruct ions which shall have
precedence over t hose emanat ing f rom any ot her aut horit y, except t he Supreme Court and
t hose issued in habeas corpus proceedings. (Sec. 185(c), 1978 EC)
(g) Prescribe t he f orms t o be used in t he elect ion, plebiscit e or ref erendum. (Sec. 185(f ), 1978
EC, wit h amendment s)
(h) Procure any supplies, equipment , mat erials or services needed f or t he holding of t he
elect ion by public bidding: Provided, That , if it f inds t he requirement s of public bidding
impract ical t o observe, t hen by negot iat ions or sealed bids, and in bot h cases, t he accredit ed
part ies shall be duly not if ied.
(i) Prescribe t he use or adopt ion of t he lat est t echnological and elect ronic devices, t aking int o
account t he sit uat ion prevailing in t he area and t he f unds available f or t he purpose: Provided,
That t he Commission shall not if y t he aut horized represent at ives of accredit ed polit ical part ies
and candidat es in areas af f ect ed by t he use or adopt ion of t echnological and elect ronic
devices not less t han t hirt y days prior t o t he ef f ect ivit y of t he use of such devices. (Sec. 185(j),
1978 EC)
(j) Carry out a cont inuing and syst emat ic campaign t hrough newspapers of general circulat ion,
radios and ot her media f orms t o educat e t he public and f ully inf orm t he elect orat e about
elect ion laws, procedures, decisions, and ot her mat t ers relat ive t o t he work and dut ies of t he
Commission and t he necessit y of clean, f ree, orderly and honest elect oral processes. (Sec.
185(k), 1978 EC)
(k) Enlist non-part isan group or organizat ions of cit izens f rom t he civic, yout h, prof essional,
educat ional, business or labor sect ors known f or t heir probit y, impart ialit y and int egrit y wit h t he
membership and capabilit y t o undert ake a coordinat ed operat ion and act ivit y t o assist it in t he
implement at ion of t he provisions of t his Code and t he resolut ions, orders and inst ruct ions of
t he Commission f or t he purpose of ensuring f ree, orderly and honest elect ions in any
const it uency. Such groups or organizat ions shall f unct ion under t he direct and immediat e
cont rol and supervision of t he Commission and shall perf orm t he f ollowing specif ic f unct ions
and dut ies:
A. Bef ore Elect ion Day:
1. Undert ake an inf ormat ion campaign on salient f eat ures of t his Code and help in t he
disseminat ion of t he orders, decisions and resolut ions of t he Commission relat ive t o t he
f ort hcoming elect ion.
2. Wage a regist rat ion drive in t heir respect ive areas so t hat all cit izens of vot ing age, not
ot herwise disqualif ied by law may be regist ered.
3. Help cleanse t he list of vot ers of illegal regist rant s, conduct house-t o-house canvass if
necessary, and t ake t he appropriat e legal st eps t owards t his end.
4. Report t o t he Commission violat ions of t he provisions of t his Code on t he conduct of t he
polit ical campaign, elect ion propaganda and elect oral expendit ures.
B. On Elect ion Day:
1. Exhort all regist ered vot ers in t heir respect ive areas t o go t o t heir polling places and cast t heir
vot es.
2. Nominat e one wat cher f or accredit at ion in each polling place and each place of canvass who
shall have t he same dut ies, f unct ions and right s as t he ot her wat chers of polit ical part ies and
candidat es. Members or unit s of any cit izen group or organizat ion so designat ed by t he
Commission except it s lone duly accredit ed wat cher, shall not be allowed t o ent er any polling
place except t o vot e, and shall, if t hey so desire, st ay in an area at least f if t y met ers away f rom
t he polling place.
3. Report t o t he peace aut horit ies and ot her appropriat e agencies all inst ances of t errorism,
int imidat ion of vot ers, and ot her similar at t empt s t o f rust rat e t he f ree and orderly cast ing of
vot es.
4. Perf orm such ot her f unct ions as may be ent rust ed t o such group or organizat ion by t he
Commission.
The designat ion of any group or organizat ion made in accordance herewit h may be revoked by
t he Commission upon not ice and hearing whenever by it s act uat ions such group or
organizat ion has shown part ialit y t o any polit ical part y or candidat e, or has perf ormed act s in
excess or in cont ravent ion of t he f unct ions and dut ies herein provided and such ot hers which
may be grant ed by t he Commission.
(l) Conduct hearings on cont roversies pending bef ore it in t he cit ies or provinces upon proper
mot ion of any part y, t aking int o considerat ion t he mat erialit y and number of wit nesses t o be
present ed, t he sit uat ion prevailing in t he area and t he f und available f or t he purpose. (New)
(m) Fix ot her reasonable periods f or cert ain pre-elect ion requirement s in order t hat vot ers shall
not be deprived of t heir right of suf f rage and cert ain groups of right s grant ed t hem in t his Code.
(Sec. 185(c), 1978 EC)
Unless indicat ed in t his Code, t he Commission is hereby aut horized f or f ix t he appropriat e
period f or t he various prohibit ed act s enumerat ed herein, consist ent wit h t he requirement s of
f ree, orderly, and honest elect ions. (New)
SECTION 53. Field of f ices of t he Commission. The Commission shall have t he f ollowing f ield
of f ices:
(1) Regional Elect ion Of f ice, headed by t he Regional Elect ion Direct or and assist ed by t he
Assist ant Regional Direct or and such ot her subordinat e of f icers or employees as t he
Commission may appoint .
(2) Provincial Elect ion Of f ice, headed by t he Provincial Elect ion Supervisor and assist ed by such
ot her subordinat e of f icers or employees as t he Commission may appoint .
(3) Cit y/Municipal Elect ion Of f ice, headed by t he Cit y/Municipal Regist rar who shall be assist ed
by an elect ion clerk and such ot her employees as t he Commission may appoint .
The Commission may delegat e it s powers and f unct ions or order t he implement at ion or
enf orcement of it s orders, rulings, or decisions t hrough t he heads of it s f ield of f ices. (New).
SECTION 54. Qualif icat ions. Only members of t he Philippines Bar shall be eligible f or
appoint ment t o t he posit ion of regional direct or, assist ant regional direct or, provincial elect ion
supervisor and elect ion regist rar: Provided, however, That if t here are no members of t he
Philippine Bar available f or appoint ment as elect ion regist rar, except in cit ies and capit al t owns,
graduat es of duly recognized schools of law, liberal art s, educat ion or business administ rat ion
who possess t he appropriat e civil service eligibilit y may be appoint ed t o said posit ion. (Sec. 77,
1978 EC, wit h amendment s)
SECTION 55. Of f ice space. The local government concerned shall provide a suit able place f or
t he of f ice of t he provincial elect ion supervisor and his st af f and t he elect ion regist rar and his
st af f : Provided, That in case of f ailure of t he local government concerned t o provide such
suit able place, t he provincial elect ion supervisor or t he elect ion regist rar, as t he case may be,
upon prior aut horit y of t he Commission and not ice t o t he local government concerned, may
lease anot her place f or of f ice and t he rent als t hereof shall be chargeable t o t he f unds of t he
local government concerned. (Sec. 76, 1978 EC, as amended by PD 1655)
SECTION 56. Changes in t he composit ion, dist ribut ion or assignment of f ield of f ices. The
Commission may make changes in t he composit ion, dist ribut ion and assignment of f ield
of f ices, as well as it s personnel, whenever t he exigencies of t he service and t he int erest of
f ree, orderly, and honest elect ion so require: Provided, That such changes shall be ef f ect ive
and enf orceable only f or t he durat ion of t he elect ion period concerned and shall not af f ect t he
t enure of of f ice of t he incumbent s of posit ions af f ect ed and shall not const it ut e a demot ion,
eit her in rank or salary, nor result in change of st at us: and Provided, f urt her, That t here shall be
no changes in t he composit ion, dist ribut ion or assignment wit hin t hirt y days bef ore elect ion,
except f or cause and af t er due not ice and hearing, and t hat in no case shall a regional or
assist ant regional direct or be assigned t o a region; a provincial elect ion supervisor t o a
province; or a cit y or municipal elect ion regist rar t o a cit y or municipalit y, where he and/or his
spouse are relat ed t o any candidat e wit hin t he f ourt h civil degree of consanguinit y or af f init y as
t he case may be. (Sec. 185(d), 1978 EC, wit h amendment s)
SECTION 57. Measures t o ensure enf orcement . For t he ef f ect ive enf orcement of t he
provisions of t his Code, t he Commission is f urt her vest ed and charged wit h t he f ollowing
powers, dut ies and responsibilit ies:
1. To issue search warrant s af t er examinat ion under oat h or af f irmat ion of t he complainant and
t he wit nesses.
2. To st op any illegal elect ion act ivit y, or conf iscat e, t ear down, and st op any unlawf ul, libelous,
misleading or f alse elect ion propaganda, af t er due not ice and hearing.
3. To inquire int o t he f inancial records of candidat es and any organizat ion or group of persons,
mot u proprio or upon writ t en represent at ion f or probable cause by any candidat e or group of
persons or qualif ied vot er, af t er due not ice and hearing.
For purposes of t his sect ion, t he Commission may avail it self of t he assist ance of t he
Commission on Audit , t he Cent ral Bank, t he Nat ional Bureau of Invest igat ion, t he Bureau of
Int ernal Revenue, t he Armed Forces of t he Philippines, t he Int egrat ed Nat ional Police of t he
Philippines, barangay of f icials, and ot her agencies of t he government . (Sec. 186, 1978 EC, wit h
amendment s)
SECTION 58. Disqualif icat ions of members of t he Commission. The chairman and members
of t he Commission shall be subject t o t he canons of judicial et hics in t he discharge of t heir
f unct ions.
No chairman or commissioner shall sit in any case in which he has manif est ed bias or prejudice
f or or against or ant agonism against any part y t heret o and in connect ion t herewit h, or in any
case in which he would be disqualif ied under t he Rules of Court . If it be claimed t hat t he
chairman or a commissioner is disqualif ied as above provided, t he part y object ing t o his
compet ency may f ile his object ion in writ ing wit h t he Commission st at ing t he ground t heref or.
The of f icial concerned shall cont inue t o part icipat e in t he hearing or wit hdraw t heref rom in
accordance wit h his det erminat ion of t he quest ion of his disqualif icat ion. The decision shall
f ort hwit h be made in writ ing and f iled wit h t he ot her papers of t he case in accordance wit h t he
Rules of Court . If a disqualif icat ion should result in a lack of quorum in t he Commission sit t ing
en banc, t he Presiding Just ice of t he Int ermediat e Appellat e Court shall designat e a just ice of
said court t o sit in said case f or t he purpose of hearing and reaching a decision t hereon. (Sec.
187, 1978 EC, wit h amendment s)
SECTION 59. Publicat ion of of f icial ballot s and elect ion ret urns and print ing t hereof . The
Commission shall publish at least t en days bef ore an elect ion in a newspaper of general
circulat ion cert if ied dat a on t he number of of f icial ballot s and elect ion ret urns and t he names
and addresses of t he print ers and t he number print ed by each. (New)
ARTICLE VIII
Polit ical Part ies
SECTION 60. Polit ical part y. Polit ical part y or part y, when used in t his Act , means an
organized group of persons pursuing t he same ideology, polit ical ideas or plat f orms of
government and includes it s branches and divisions. To acquire juridical personalit y, qualif y it f or
subsequent accredit at ion, and t o ent it le it t o t he right s and privileges herein grant ed t o polit ical
part ies, a polit ical part y shall f irst be duly regist ered wit h t he Commission. Any regist ered
polit ical part y t hat , singly or in coalit ion wit h ot hers, f ails t o obt ain at least t en percent of t he
vot es cast in t he const it uency in which it nominat ed and support ed a candidat e or candidat es
in t he elect ion next f ollowing it s regist rat ion shall, af t er not ice and hearing, be deemed t o have
f orf eit ed such st at us as a regist ered polit ical part y in such const it uency. (Sec. 22, 1971 EC, wit h
amendment s)
SECTION 61. Regist rat ion. Any organized group of persons seeking regist rat ion as a nat ional
or regional polit ical part y may f ile wit h t he Commission a verif ied pet it ion at t aching t heret o it s
const it ut ion and by-laws, plat f orm or program of government and such ot her relevant
inf ormat ion as may be required by t he Commission. The Commission shall, af t er due not ice and
hearing, resolve t he pet it ion wit hin t en days f rom t he dat e it is submit t ed f or decision.
No religious sect shall be regist ered as a polit ical part y and no polit ical part y which seeks t o
achieve it s goal t hrough violence shall be ent it led t o accredit at ion. (New; Sec. 2 and 8, Art . XII-C,
Const .)
SECTION 62. Publicat ion of pet it ion f or regist rat ion or accredit at ion. The Commission shall
require publicat ion of t he pet it ion f or regist rat ion or accredit at ion in at least t hree newspapers
of general circulat ion and shall, af t er due not ice and hearing, resolve t he pet it ion wit hin f if t een
days f rom t he dat e it is submit t ed f or decision. (New)
ARTICLE IX
Eligibilit y of Candidat es and Cert if icat e of Candidacy
SECTION 63. Qualif icat ions f or President and Vice-President of t he Philippines. No person
may be elect ed President or Vice-President unless he is a nat ural-born cit izen of t he Philippines,
a regist ered vot er, able t o read and writ e, at least f ort y years of age on t he day of elect ion, and
a resident of t he Philippines f or at least t en years immediat ely preceding such elect ion. (Secs. 2
and 4, Art . VII, Const .)
SECTION 64. Qualif icat ions f or Members of t he Bat asang Pambansa. No person shall be
elect ed Member of t he Bat asang Pambansa as a provincial, cit y or dist rict represent at ive unless
he is a nat ural-born cit izen of t he Philippines and, on t he day of t he elect ion, is at least t went y-
f ive years of age, able t o read and writ e, a regist ered vot er in t he const it uency in which he shall
be elect ed, and a resident t hereof f or a period of not less t han six mont hs immediat ely
preceding t he day of t he elect ion. (Sec. 4, Art . VIII, Const .)
A sect oral represent at ive shall be a nat ural-born cit izen of t he Philippines, able t o read and
writ e, a resident of t he Philippines f or a period of not less t han one year immediat ely preceding
t he day of t he elect ion, a bona f ide member of t he sect or he seeks t o represent , and in t he
case of a represent at ive of t he agricult ural or indust rial labor sect or, shall be a regist ered vot er,
and on t he day of t he elect ion is at least t went y-f ive years of age. The yout h sect oral
represent at ive should at least be eight een and not be more t han t went y-f ive years of age on
t he day of t he elect ion: Provided, however, That any yout h sect oral represent at ive who at t ains
t he age of t went y-f ive years during his t erm shall be ent it led t o cont inue in of f ice unt il t he
expirat ion of his t erm. (Sec. 12, BP 697)
SECTION 65. Qualif icat ions of elect ive local of f icials. The qualif icat ions f or elect ive provincial,
cit y, municipal and barangay of f icials shall be t hose provided f or in t he Local Government Code.
(New)
SECTION 66. Candidat es holding appoint ive of f ice or posit ions. Any person holding a public
appoint ive of f ice or posit ion, including act ive members of t he Armed Forces of t he Philippines,
and of f icers and employees in government -owned or cont rolled corporat ions, shall be
considered ipso f act o resigned f rom his of f ice upon t he f iling of his cert if icat e of candidacy.
SECTION 67.
SECTION 68. Disqualif icat ions. Any candidat e who, in an act ion or prot est in which he is a
part y is declared by f inal decision of a compet ent court guilt y of , or f ound by t he Commission
of having (a) given money or ot her mat erial considerat ion t o inf luence, induce or corrupt t he
vot ers or public of f icials perf orming elect oral f unct ions; (b) commit t ed act s of t errorism t o
enhance his candidacy; (c) spent in his elect ion campaign an amount in excess of t hat allowed
by t his Code; (d) solicit ed, received or made any cont ribut ion prohibit ed under Sect ions 89, 95,
96, 97 and 104; or (e) violat ed any of Sect ions 80, 83, 85, 86 and 261, paragraphs d, e, k, v, and
cc, sub-paragraph 6, shall be disqualif ied f rom cont inuing as a candidat e, or if he has been
elect ed, f rom holding t he of f ice. Any person who is a permanent resident of or an immigrant t o
a f oreign count ry shall not be qualif ied t o run f or any elect ive of f ice under t his Code, unless
said person has waived his st at us as permanent resident or immigrant of a f oreign count ry in
accordance wit h t he residence requirement provided f or in t he elect ion laws. (Sec. 25, 1971 EC)
SECTION 69. Nuisance candidat es. The Commission may, mot u proprio or upon a verif ied
pet it ion of an int erest ed part y, ref use t o give due course t o or cancel a cert if icat e of candidacy
if it is shown t hat said cert if icat e has been f iled t o put t he elect ion process in mockery or
disreput e or t o cause conf usion among t he vot ers by t he similarit y of t he names of t he
regist ered candidat es or by ot her circumst ances or act s which clearly demonst rat e t hat t he
candidat e has no bona f ide int ent ion t o run f or t he of f ice f or which t he cert if icat e of candidacy
has been f iled and t hus prevent a f ait hf ul det erminat ion of t he t rue will of t he elect orat e. (Sec.
26, 1978 EC)
SECTION 70. Guest candidacy. A polit ical part y may nominat e and/or support candidat es not
belonging t o it . (New)
SECTION 71. Changing polit ical part y af f iliat ion. An elect ive of f icial may change his part y
af f iliat ion f or purposes of t he elect ion next f ollowing his change of part y wit hin one year prior
t o such elect ion. (New)
SECTION 72. Ef f ect s of disqualif icat ion cases and priorit y. The Commission and t he court s
shall give priorit y t o cases of disqualif icat ion by reason of violat ion of t his Act t o t he end t hat a
f inal decision shall be rendered not lat er t han seven days bef ore t he elect ion in which t he
disqualif icat ion is sought .
Any candidat e who has been declared by f inal judgment t o be disqualif ied shall not be vot ed
f or, and t he vot es cast f or him shall not be count ed. Nevert heless, if f or any reason, a
candidat e is not declared by f inal judgment bef ore an elect ion t o be disqualif ied and he is vot ed
f or and receives t he winning number of vot es in such elect ion, his violat ion of t he provisions of
t he preceding sect ions shall not prevent his proclamat ion and assumpt ion t o of f ice (New)
SECTION 73. Cert if icat e of candidacy. No person shall be eligible f or any elect ive public of f ice
unless he f iles a sworn cert if icat e of candidacy wit hin t he period f ixed herein.
A person who has f iled a cert if icat e of candidacy may, prior t o t he elect ion, wit hdraw t he same
by submit t ing t o t he of f ice concerned a writ t en declarat ion under oat h.
No person shall be eligible f or more t han one of f ice t o be f illed in t he same elect ion, and if he
f iles his cert if icat e of candidacy f or more t han one of f ice, he shall not be eligible f or any of
t hem. However, bef ore t he expirat ion of t he period f or t he f iling of cert if icat es of candidacy,
t he person who was f iled more t han one cert if icat e of candidacy may declare under oat h t he
of f ice f or which he desires t o be eligible and cancel t he cert if icat e of candidacy f or t he ot her
of f ice or of f ices.
The f iling or wit hdrawal of a cert if icat e of candidacy shall not af f ect what ever civil, criminal or
administ rat ive liabilit ies which a candidat e may have incurred. (Sec. 19, 1978 EC)
SECTION 74. Cont ent s of cert if icat e of candidacy. The cert if icat e of candidacy shall st at e
t hat t he person f iling it is announcing his candidacy f or t he of f ice st at ed t herein and t hat he is
eligible f or said of f ice; if f or Member of t he Bat asang Pambansa, t he province, including it s
component cit ies, highly urbanized cit y or dist rict or sect or which he seeks t o represent ; t he
polit ical part y t o which he belongs; civil st at us; his dat e of birt h; residence; his post of f ice
address f or all elect ion purposes; his prof ession or occupat ion; t hat he will support and def end
t he Const it ut ion of t he Philippines and will maint ain t rue f ait h and allegiance t heret o; t hat he
will obey t he laws, legal orders, and decrees promulgat ed by t he duly const it ut ed aut horit ies;
t hat he is not a permanent resident or immigrant t o a f oreign count ry; t hat t he obligat ion
imposed by his oat h is assumed volunt arily, wit hout ment al reservat ion or purpose of evasion;
and t hat t he f act s st at ed in t he cert if icat e of candidacy are t rue t o t he best of his knowledge.
Unless a candidat e has of f icially changed his name t hrough a court approved proceeding, a
cert if icat e shall use in a cert if icat e of candidacy t he name by which he has been bapt ized, or if
has not been bapt ized in any church or religion, t he name regist ered in t he of f ice of t he local
civil regist rar or any ot her name allowed under t he provisions of exist ing law or, in t he case of a
Muslim, his Hadji name af t er perf orming t he prescribed religious pilgrimage: Provided, That when
t here are t wo or more candidat es f or an of f ice wit h t he same name and surname, each
candidat e, upon being made aware of such f act , shall st at e his pat ernal and mat ernal surname,
except t he incumbent who may cont inue t o use t he name and surname st at ed in his cert if icat e
of candidacy when he was elect ed. He may also include one nickname or st age name by which
he is generally or popularly known in t he localit y.
The person f iling a cert if icat e of candidacy shall also af f ix his lat est phot ograph, passport size;
a st at ement in duplicat e cont aining his bio-dat a and program of government not exceeding
one hundred words, if he so desires. (Sec. 20, 1978 EC)
SECTION 75. Filing and dist ribut ion of cert if icat e of candidacy. The cert if icat e of candidacy
shall be f iled on any day f rom t he commencement of t he elect ion period but not lat er t han t he
day bef ore t he beginning of t he campaign period: Provided, That in cases of post ponement or
f ailure of elect ion under Sect ions 5 and 6 hereof , no addit ional cert if icat e of candidacy shall be
accept ed except in cases of subst it ut ion of candidat es as provided under Sect ion 77 hereof .
The cert if icat es of candidacy f or President and Vice-President of t he Philippines shall be f iled in
t en legible copies wit h t he Commission which shall order t he print ing of copies t hereof f or
dist ribut ion t o all polling places. The cert if icat es of candidacy f or t he ot her of f ices shall be f iled
in duplicat e wit h t he of f ices herein below ment ioned, t oget her wit h a number of clearly legible
copies equal t o t wice t he number of polling places in t he province, cit y, dist rict , municipalit y or
barangay, as t he case may be:
(a) For represent at ive in t he Bat asang Pambansa, wit h t he Commission, t he provincial elect ion
supervisor, cit y elect ion regist rar in case of highly urbanized cit ies, or an of f icer designat ed by
t he Commission having jurisdict ion over t he province, cit y or represent at ive dist rict who shall
send copies t hereof t o all polling places in t he province, cit y or dist rict ;
(b) For provincial of f ices, wit h t he provincial elect ion supervisor of t he province concerned who
shall send copies t hereof t o all polling places in t he province;
(c) For cit y and municipal of f ices, wit h t he cit y or municipal elect ion regist rar who shall send
copies t hereof t o all polling places in t he cit y or municipalit y; and
(d) For punong barangay or kagawad ng sangguniang barangay, t he cert if icat es of candidacy
shall be f iled in accordance wit h t he provisions of Sect ion 39 of Art icle VI of t his Code.
The duly aut horized receiving of f icer shall immediat ely send t he original copy of all cert if icat es
of candidacy received by him t o t he Commission. (Sec. 24, 1978 EC and Sec. 29, 1971 EC)
SECTION 76. Minist erial dut y of receiving and acknowledging receipt . The Commission,
provincial elect ion supervisor, elect ion regist rar or of f icer designat ed by t he Commission or t he
board of elect ion inspect ors under t he succeeding sect ion shall have t he minist erial dut y t o
receive and acknowledge receipt of t he cert if icat e of candidacy. (Sec. 25, 1978 EC)
SECTION 77. Candidat es in case of deat h, disqualif icat ion or wit hdrawal of anot her. If af t er
t he last day f or t he f iling of cert if icat es of candidacy, an of f icial candidat e of a regist ered or
accredit ed polit ical part y dies, wit hdraws or is disqualif ied f or any cause, only a person
belonging t o, and cert if ied by, t he same polit ical part y may f ile a cert if icat e of candidacy t o
replace t he candidat e who died, wit hdrew or was disqualif ied. The subst it ut e candidat e
nominat ed by t he polit ical part y concerned may f ile his cert if icat e of candidacy f or t he of f ice
af f ect ed in accordance wit h t he preceding sect ions not lat er t han mid-day of t he day of t he
elect ion. If t he deat h, wit hdrawal or disqualif icat ion should occur bet ween t he day bef ore t he
elect ion and mid-day of elect ion day, said cert if icat e may be f iled wit h any board of elect ion
inspect ors in t he polit ical subdivision where he is a candidat e, or, in t he case of candidat es t o
be vot ed f or by t he ent ire elect orat e of t he count ry, wit h t he Commission. (Sec. 28, 1978 EC)
SECTION 78. Pet it ion t o deny due course t o or cancel a cert if icat e of candidacy. A verif ied
pet it ion seeking t o deny due course or t o cancel a cert if icat e of candidacy may be f iled by t he
person exclusively on t he ground t hat any mat erial represent at ion cont ained t herein as required
under Sect ion 74 hereof is f alse. The pet it ion may be f iled at any t ime not lat er t han t went y-
f ive days f rom t he t ime of t he f iling of t he cert if icat e of candidacy and shall be decided, af t er
due not ice and hearing, not lat er t han f if t een days bef ore t he elect ion.
ARTICLE X
Campaign and Elect ion Propaganda
SECTION 79. Def init ions. As used in t his Code:
(a) The t erm candidat e ref ers t o any person aspiring f or or seeking an elect ive public of f ice,
who has f iled a cert if icat e of candidacy by himself or t hrough an accredit ed polit ical part y,
aggroupment , or coalit ion of part ies;
(b) The t erm elect ion campaign or part isan polit ical act ivit y ref ers t o an act designed t o
promot e t he elect ion or def eat of a part icular candidat e or candidat es t o a public of f ice which
shall include:
(1) Forming organizat ions, associat ions, clubs, commit t ees or ot her groups of persons f or t he
purpose of solicit ing vot es and/or undert aking any campaign f or or against a candidat e;
(2) Holding polit ical caucuses, conf erences, meet ings, rallies, parades, or ot her similar
assemblies, f or t he purpose of solicit ing vot es and/or undert aking any campaign or propaganda
f or or against a candidat e;
(3) Making speeches, announcement s or comment aries, or holding int erviews f or or against t he
elect ion of any candidat e f or public of f ice;
(4) Publishing or dist ribut ing campaign lit erat ure or mat erials designed t o support or oppose t he
elect ion of any candidat e; or
(5) Direct ly or indirect ly solicit ing vot es, pledges or support f or or against a candidat e.
The f oregoing enumerat ed act s if perf ormed f or t he purpose of enhancing t he chances of
aspirant s f or nominat ion f or candidacy t o a public of f ice by a polit ical part y, aggroupment , or
coalit ion of part ies shall not be considered as elect ion campaign or part isan elect ion act ivit y.
Public expressions or opinions or discussions of probable issues in a f ort hcoming elect ion or on
at t ribut es of or crit icisms against probable candidat es proposed t o be nominat ed in a
f ort hcoming polit ical part y convent ion shall not be const rued as part of any elect ion campaign
or part isan polit ical act ivit y cont emplat ed under t his Art icle.
SECTION 80. Elect ion campaign or part isan polit ical act ivit y out side campaign period. It shall
be unlawf ul f or any person, whet her or not a vot er or candidat e, or f or any part y, or associat ion
of persons, t o engage in an elect ion campaign or part isan polit ical act ivit y except during t he
campaign period: Provided, That polit ical part ies may hold polit ical convent ions or meet ings t o
nominat e t heir of f icial candidat es wit hin t hirt y days bef ore t he commencement of t he
campaign period and f ort y-f ive days f or President ial and Vice-President ial elect ion. (Sec. 35,
1978 EC)
SECTION 81. Int ervent ion of f oreigners. It shall be unlawf ul f or any f oreigner, whet her judicial
or nat ural person, t o aid any candidat e or polit ical part y, direct ly or indirect ly, or t ake part in or
inf luence in any manner any elect ion, or t o cont ribut e or make any expendit ure in connect ion
wit h any elect ion campaign or part isan polit ical act ivit y. (Sec. 36, 1978 EC)
SECTION 82. Lawf ul elect ion propaganda. Lawf ul elect ion propaganda shall include:
(a) Pamphlet s, leaf let s, cards, decals, st ickers or ot her writ t en or print ed mat erials of a size not
more t han eight and one-half inches in widt h and f ourt een inches in lengt h;
(b) Handwrit t en or print ed let t ers urging vot ers t o vot e f or or against any part icular candidat e;
(c) Clot h, paper or cardboard post ers, whet her f ramed or post ed, wit h an area exceeding t wo
f eet by t hree f eet , except t hat , at t he sit e and on t he occasion of a public meet ing or rally, or in
announcing t he holding of said meet ing or rally, st reamers not exceeding t hree f eet by eight
f eet in size, shall be allowed: Provided, That said st reamers may not be displayed except one
week bef ore t he dat e of t he meet ing or rally and t hat it shall be removed wit hin sevent y-t wo
hours af t er said meet ing or rally; or
(d) All ot her f orms of elect ion propaganda not prohibit ed by t his Code as t he Commission may
aut horize af t er due not ice t o all int erest ed part ies and hearing where all t he int erest ed part ies
were given an equal opport unit y t o be heard: Provided, That t he Commissions aut horizat ion
shall be published in t wo newspapers of general circulat ion t hroughout t he nat ion f or at least
t wice wit hin one week af t er t he aut horizat ion has been grant ed. (Sec. 37, 1978 EC)
SECTION 83. Removal, dest ruct ion or def acement of lawf ul elect ion propaganda prohibit ed.
It shall be unlawf ul f or any person during t he campaign period t o remove, dest roy, oblit erat e, or
in any manner def ace or t amper wit h, or prevent t he dist ribut ion of lawf ul elect ion propaganda.
(Sec. 40, 1978 EC)
SECTION 84. Requirement s f or published or print ed elect ion propaganda. Any newspaper,
newslet t er, newsweekly, gazet t e or magazine advert ising, post ers, pamphlet s, circulars,
handbills, bumper st ickers, st reamers, simple list of candidat es or any published or print ed
polit ical mat t er f or or against a candidat e or group of candidat es t o any public of f ice shall bear
and be ident if ied by t he words paid f or by f ollowed by t he t rue and correct name and address
of t he payor and by t he words print ed by f ollowed by t he t rue and correct name and address
of t he print er. (Sec. 38, 1978 EC)
SECTION 85.
SECTION 86. Regulat ion of elect ion propaganda t hrough mass media. (a) The Commission
shall promulgat e rules and regulat ions regarding t he sale of air t ime f or part isan polit ical
purposes during t he campaign period t o insure t hat equal t ime as t o durat ion and qualit y is
available t o all candidat es f or t he same of f ice or polit ical part ies at t he same rat es or given f ree
of charge; t hat such rat es are reasonable and not higher t han t hose charged ot her buyers or
users of air t ime f or non-polit ical purposes; t hat t he provisions of t his Code regarding t he
limit at ion of expendit ures by candidat es and polit ical part ies and cont ribut ions by privat e
persons, ent it ies and inst it ut ions are ef f ect ively enf orced; and t o ensure t hat said radio
broadcast ing and t elevision st at ions shall not unduly allow t he scheduling of any program or
permit any sponsor t o manif est ly f avor or oppose any candidat e or polit ical part y by unduly or
repeat edly ref erring t o or including said candidat e and/or polit ical part y in such program
respect ing, however, in all inst ances t he right of said st at ions t o broadcast account s of
signif icant or newswort hy event s and views on mat t ers of public int erest .
(b) All cont ract s f or advert ising in any newspaper, magazine, periodical or any f orm of
publicat ion promot ing or opposing t he candidacy of any person f or public of f ice shall, bef ore it s
implement at ion, be regist ered by said newspaper, magazine, periodical or publicat ion wit h t he
Commission. In every case, it shall be signed by t he candidat e concerned or by t he duly
aut horized represent at ive of t he polit ical part y.
(c) No f ranchise or permit t o operat e a radio or t elevision st at ion shall be grant ed or issued,
suspended or cancelled during t he elect ion period.
Any radio or t elevision st at ions, including t hat owned or cont rolled by t he Government , shall
give f ree of charge equal t ime and prominence t o an accredit ed polit ical part y or it s candidat es
if it gives f ree of charge air t ime t o an accredit ed polit ical part y or it s candidat es f or polit ical
purposes.
In all inst ances, t he Commission shall supervise t he use and employment of press, radio and
t elevision f acilit ies so as t o give candidat es equal opport unit ies under equal circumst ances t o
make known t heir qualif icat ions and t heir st and on public issues wit hin t he limit s set f ort h in t his
Code on elect ion spending. (Sec. 41, 1978 EC)
Rules and regulat ions promulgat ed by t he Commission under and by aut horit y of t his sect ion
shall t ake ef f ect on t he sevent h day af t er t heir publicat ion in at least t wo daily newspapers of
general circulat ion. Prior t o t he ef f ect ivit y of said rules and regulat ions, no polit ical
advert isement or propaganda f or or against any candidat e or polit ical part y shall be published
or broadcast t hrough t he mass media. (New)
Violat ion of t he rules and regulat ions of t he Commission issued t o implement t his sect ion shall
be an elect ion of f ense punishable under Sect ion 264 hereof . (New)
SECTION 87. Rallies, meet ings and ot her polit ical act ivit ies. Subject t o t he requirement s of
local ordinances on t he issuance of permit s, any polit ical part y support ing of f icial candidat es or
any candidat e individually or joint ly wit h ot her aspirant s may hold peacef ul polit ical rallies,
meet ings, and ot her similar act ivit ies during t he campaign period: Provided, That all applicat ions
f or permit s t o hold meet ings, rallies and ot her similar polit ical act ivit ies, receipt of which must be
acknowledged in writ ing and which applicat ion shall be immediat ely post ed in a conspicuous
place in t he cit y or municipal building, shall be act ed upon in writ ing by local aut horit ies
concerned wit hin t hree days af t er t he f iling t hereof and any applicat ion not act ed upon wit hin
said period shall be deemed approved: and Provided, f urt her, That denial of any applicat ion f or
said permit shall be appealable t o t he provincial elect ion supervisor or t o t he Commission
whose decision shall be made wit hin f ort y-eight hours and which shall be f inal and execut ory:
Provided, f inally, That one only just if iable ground f or denial is a prior writ t en applicat ion by any
candidat e or polit ical part y f or t he same purpose has been approved. (Sec. 43, 1978 EC)
SECTION 88. Public rally. Any polit ical part y or candidat e shall not if y t he elect ion regist rar
concerned of any public rally said polit ical part y or candidat e int ends t o organize and hold in t he
cit y or municipalit y, and wit hin seven working days t hereaf t er submit t o t he elect ion regist rar a
st at ement of expenses incurred in connect ion t herewit h. (Sec. 42, 1978 EC)
SECTION 89. Transport at ion, f ood and drinks. It shall be unlawf ul f or any candidat e, polit ical
part y, organizat ion, or any person t o give or accept , f ree of charge, direct ly or indirect ly,
t ransport at ion, f ood or drinks or t hings of value during t he f ive hours bef ore and af t er a public
meet ing, on t he day preceding t he elect ion, and on t he day of t he elect ion; or t o give or
cont ribut e, direct ly or indirect ly, money or t hings of value f or such purpose. (Sec. 44, 1978 EC)
SECTION 90. Comelec space. The Commission shall procure space in at least one newspaper
of general circulat ion in every province or cit y: Provided, however, That in t he absence of said
newspaper, publicat ion shall be done in any ot her magazine or periodical in said province or cit y,
which shall be known as Comelec Space wherein candidat es can announce t heir candidacy.
Said space shall be allocat ed, f ree of charge, equally and impart ially by t he Commission among
all candidat es wit hin t he area in which t he newspaper is circulat ed. (Sec. 45, 1978 EC)
SECTION 91. Comelec post er area. Whenever pract icable, t he Commission shall also
designat e and provide f or a common post er area in st rat egic places in each t own wherein
candidat es can announce and f urt her t heir candidacy t hrough post ers, said space t o be
likewise allocat ed f ree of charge, equally and impart ially by t he Commission among all t he
candidat es concerned. (New)
SECTION 92. Comelec t ime. The Commission shall procure radio and t elevision t ime t o be
known as Comelec Time which shall be allocat ed equally and impart ially among t he candidat es
wit hin t he area of coverage of all radio and t elevision st at ions. For t his purpose, t he f ranchise
of all radio broadcast ing and t elevision st at ions are hereby amended so as t o provide radio
t elevision t ime, f ree of charge, during t he period of t he campaign. (Sec. 46, 1978 EC)
SECTION 93. Comelec inf ormat ion bullet in. The Commission shall cause t he print ing, and
supervise t he disseminat ion of bullet ins t o be known as Comelec Bullet in which shall be of
such size as t o adequat ely cont ain t he pict ure, bio-dat a and program of government of every
candidat e. Said bullet in shall be disseminat ed t o t he vot ers or displayed in such places as t o
give due prominence t heret o. Any candidat e may reprint at his expense, any Comelec Bullet in
upon prior aut horit y of t he Commission: Provided, That t he print ing of t he names of t he
dif f erent candidat es wit h t heir bio-dat a must be in alphabet ical order irrespect ive of part y
af f iliat ion.
ARTICLE XI
Elect oral Cont ribut ions and Expendit ures
SECTION 94. Def init ions. As used in t his Art icle:
(a) The t erm cont ribut ion includes a gif t , donat ion, subscript ion, loan, advance or deposit of
money or anyt hing of value, or a cont ract , promise or agreement t o cont ribut e, whet her or not
legally enf orceable, made f or t he purpose of inf luencing t he result s of t he elect ions but shall
not include services rendered wit hout compensat ion by individuals volunt eering a port ion or all
of t heir t ime in behalf of a candidat e or polit ical part y. It shall also include t he use of f acilit ies
volunt arily donat ed by ot her persons, t he money value of which can be assessed based on t he
rat es prevailing in t he area.
(b) The t erm expendit ure includes t he payment or delivery of money or anyt hing of value, or a
cont ract , promise or agreement t o make an expendit ure, f or t he purpose of inf luencing t he
result s of t he elect ion. It shall also include t he use of f acilit ies personally owned by t he
candidat e, t he money value of t he use of which can be assessed based on t he rat es prevailing
in t he area.
(c) The t erm person includes an individual, part nership, commit t ee, associat ion, corporat ion,
and any ot her organizat ion or group of persons. (Sec. 49, 1978 EC)
SECTION 95. Prohibit ed cont ribut ions. No cont ribut ion f or purposes of part isan polit ical
act ivit y shall be made direct ly or indirect ly by any of t he f ollowing:
(a) Public or privat e f inancial inst it ut ions: Provided, however, That not hing herein shall prevent
t he making of any loan t o a candidat e or polit ical part y by any such public or privat e f inancial
inst it ut ions legally in t he business of lending money, and t hat t he loan is made in accordance
wit h laws and regulat ions and in t he ordinary course of business;
(b) Nat ural and juridical persons operat ing a public ut ilit y or in possession of or exploit ing any
nat ural resources of t he nat ion;
(c) Nat ural and juridical persons who hold cont ract s or sub-cont ract s t o supply t he government
or any of it s divisions, subdivisions or inst rument alit ies, wit h goods or services or t o perf orm
const ruct ion or ot her works;
(d) Nat ural and juridical persons who have been grant ed f ranchises, incent ives, exempt ions,
allocat ions or similar privileges or concessions by t he government or any of it s divisions,
subdivisions or inst rument alit ies, including government -owned or cont rolled corporat ions;
(e) Nat ural and juridical persons who, wit hin one year prior t o t he dat e of t he elect ion, have
been grant ed loans or ot her accommodat ions in excess of P100,000 by t he government or any
of it s divisions, subdivisions or inst rument alit ies including government -owned or cont rolled
corporat ions;
(f ) Educat ional inst it ut ions which have received grant s of public f unds amount ing t o no less
t han P100,000.00;
(g) Of f icials or employees in t he Civil Service, or members of t he Armed Forces of t he
Philippines; and
(h) Foreigners and f oreign corporat ions.
It shall be unlawf ul f or any person t o solicit or receive any cont ribut ion f rom any of t he persons
or ent it ies enumerat ed herein (Sec. 65, 1978 EC)
SECTION 96. Solicit ing or receiving cont ribut ions f rom f oreign sources. It shall be unlawf ul f or
any person, including a polit ical part y or public or privat e ent it y t o solicit or receive, direct ly or
indirect ly, any aid or cont ribut ion of what ever f orm or nat ure f rom any f oreign nat ional,
government or ent it y f or t he purposes of inf luencing t he result s of t he elect ion. (Sec. 67, 1978
EC)
SECTION 97. Prohibit ed raising of f unds. It shall be unlawf ul f or any person t o hold dances,
lot t eries, cockf ight s, games, boxing bout s, bingo, beaut y cont est s, ent ert ainment s, or
cinemat ographic, t heat rical or ot her perf ormances f or t he purpose of raising f unds f or an
elect ion campaign or f or t he support of any candidat e f rom t he commencement of t he elect ion
period up t o and including elect ion day; or f or any person or organizat ion, whet her civic or
religious, direct ly or indirect ly, t o solicit and/or accept f rom any candidat e f or public of f ice, or
f rom his campaign manager, agent or represent at ive, or any person act ing in t heir behalf , any
gif t , f ood, t ransport at ion, cont ribut ion or donat ion in cash or in kind f rom t he commencement
of t he elect ion period up t o and including elect ion day; Provided, That normal and cust omary
religious st ipends, t it hes, or collect ions on Sundays and/or ot her designat ed collect ion days,
are excluded f rom t his prohibit ion. (Sec. 64, 1978 EC)
SECTION 98. True name of cont ribut or required. No person shall make any cont ribut ion in any
name except his own nor shall any candidat e or t reasurer of a polit ical part y receive a
cont ribut ion or ent er or record t he same in any name ot her t han t hat of t he person by whom it
was act ually made. (Sec. 66, 1978 EC)
SECTION 99. Report of cont ribut ions. Every person giving cont ribut ions t o any candidat e,
t reasurer of t he part y, or aut horized represent at ive of such candidat e or t reasurer shall, not
lat er t han t hirt y days af t er t he day of t he elect ion, f ile wit h t he Commission a report under oat h
st at ing t he amount of each cont ribut ion, t he name of t he candidat e, agent of t he candidat e or
polit ical part y receiving t he cont ribut ion, and t he dat e of t he cont ribut ion. (Sec. 68, 1978 EC)
SECTION 100. Limit at ions upon expenses of candidat es. No candidat e shall spend f or his
elect ion campaign an aggregat e amount exceeding one peso and f if t y cent avos f or every vot er
current ly regist ered in t he const it uency where he f iled his candidacy: Provided, That t he
expenses herein ref erred t o shall include t hose incurred or caused t o be incurred by t he
candidat e, whet her in cash or in kind, including t he use, rent al or hire of land, wat er or aircraf t ,
equipment , f acilit ies, apparat us and paraphernalia used in t he campaign: Provided, f urt her, That
where t he land, wat er or aircraf t , equipment , f acilit ies, apparat us and paraphernalia used is
owned by t he candidat e, his cont ribut or or support er, t he Commission is hereby empowered t o
assess t he amount commensurat e wit h t he expenses f or t he use t hereof , based on t he
prevailing rat es in t he localit y and shall be included in t he t ot al expenses incurred by t he
candidat e. (Sec. 51, 1978 EC)
SECTION 101. Limit at ions upon expenses of polit ical part ies. A duly accredit ed polit ical part y
may spend f or t he elect ion of it s candidat es in t he const it uency or const it uencies where it has
of f icial candidat es an aggregat e amount not exceeding t he equivalent of one peso and f if t y
cent avos f or every vot er current ly regist ered t herein. Expenses incurred by branches, chapt ers,
or commit t ees of such polit ical part y shall be included in t he comput at ion of t he t ot al
expendit ures of t he polit ical part y.
Expenses incurred by ot her polit ical part ies shall be considered as expenses of t heir respect ive
individual candidat es and subject t o limit at ion under Sect ion 100 of t his Code (Sec. 52, 1978
EC)
SECTION 102. Lawf ul expendit ures. To carry out t he object ives of t he preceding sect ions, no
candidat e or t reasurer of a polit ical part y shall, direct ly or indirect ly, make any expendit ure
except f or t he f ollowing purposes:
(a) For t ravelling expenses of t he candidat es and campaign personnel in t he course of t he
campaign and f or personal expenses incident t heret o;
(b) For compensat ion of campaigners, clerks, st enographers, messengers, and ot her persons
act ually employed in t he campaign;
(c) For t elegraph and t elephone t olls, post age, f reight and express delivery charges;
(d) For st at ionery, print ing and dist ribut ion of print ed mat t ers relat ive t o candidacy;
(e) For employment of wat chers at t he polls;
(f ) For rent , maint enance and f urnishing of campaign headquart ers, of f ice or place of meet ings;
(g) For polit ical meet ings and rallies and t he use of sound syst ems, light s and decorat ions
during said meet ings and rallies;
(h) For newspaper, radio, t elevision and ot her public advert isement s;
(i) For employment of counsel, t he cost of which shall not be t aken int o account in det ermining
t he amount of expenses which a candidat e or polit ical part y may have incurred under Sect ion
100 and 101 hereof ;
(j) For copying and classif ying list of vot ers, invest igat ing and challenging t he right t o vot e of
persons regist ered in t he list s t he cost s of which shall not be t aken int o account in det ermining
t he amount of expenses which a candidat e or polit ical part y may have incurred under Sect ions
100 and 101 hereof ; or
(k) For print ing sample ballot s in such color, size and maximum number as may be aut horized by
t he Commission and t he cost of such print ing shall not be t aken int o account in det ermining
t he amount of expenses which a candidat e or polit ical part y may have incurred under Sect ions
100 and 101 hereof . (Sec. 53, 1978 EC)
SECTION 103. Persons aut horized t o incur elect ion expendit ures. No person, except t he
candidat e, t he t reasurer of a polit ical part y or any person aut horized by such candidat e or
t reasurer, shall make any expendit ure in support of or in opposit ion t o any candidat e or polit ical
part y. Expendit ures duly aut horized by t he candidat e or t he t reasurer of t he part y shall be
considered as expendit ures of such candidat e or polit ical part y.
The aut horit y t o incur expendit ures shall be in writ ing, copy of which shall be f urnished t he
Commission signed by t he candidat e or t he t reasurer of t he part y and showing t he
expendit ures so aut horized, and shall st at e t he f ull name and exact address of t he person so
designat ed. (Sec. 54, 1978 EC)
SECTION 104. Prohibit ed donat ions by candidat es, t reasurers of part ies or t heir agent s. No
candidat e, his or her spouse or any relat ive wit hin t he second civil degree of consanguinit y or
af f init y, or his campaign manager, agent or represent at ive shall during t he campaign period, on
t he day bef ore and on t he day of t he elect ion, direct ly or indirect ly, make any donat ion,
cont ribut ion or gif t in cash or in kind, or undert ake or cont ribut e t o t he const ruct ion or repair of
roads, bridges, school buses, puericult ure cent ers, medical clinics and hospit als, churches or
chapels cement pavement s, or any st ruct ure f or public use or f or t he use of any religious or
civic organizat ion: Provided, That normal and cust omary religious dues or cont ribut ions, such
as religious st ipends, t it hes or collect ions on Sundays or ot her designat ed collect ion days, as
well as periodic payment s f or legit imat e scholarships est ablished and school cont ribut ions
habit ually made bef ore t he prohibit ed period, are excluded f rom t he prohibit ion.
The same prohibit ion applies t o t reasurers, agent s or represent at ives of any polit ical part y.
(Sec. 63, 1978 EC)
SECTION 105. Account ing by agent s of candidat e or t reasurer. Every person receiving
cont ribut ions or incurring expendit ures by aut horit y of t he candidat e or t reasurer of t he part y
shall, on demand by t he candidat e or t reasurer of t he part y and in any event wit hin f ive days
af t er receiving such cont ribut ion or incurring such expendit ure, render t o t he candidat e or t he
t reasurer of t he part y concerned, a det ailed account t hereof wit h proper vouchers or of f icial
receipt s. (Sec. 55, 1978 EC)
SECTION 106. Records of cont ribut ions and expendit ures. (a) It shall be t he dut y of every
candidat e, t reasurer of t he polit ical part y and person act ing under t he aut horit y of such
candidat e or t reasurer t o issue a receipt f or every cont ribut ion received and t o obt ain and keep
a receipt st at ing t he part iculars of every expendit ure made.
(b) Every candidat e and t reasurer of t he part y shall keep det ailed, f ull, and accurat e records of
all cont ribut ions received and expendit ures incurred by him and by t hose act ing under his
aut horit y, set t ing f ort h t herein all inf ormat ion required t o be report ed.
(c) Every candidat e and t reasurer of t he part y shall be responsible f or t he preservat ion of t he
records of cont ribut ions and expendit ures, t oget her wit h all pert inent document s, f or at least
t hree years af t er t he holding of t he elect ion t o which t hey pert ain and f or t heir product ion f or
inspect ion by t he Commission or it s duly aut horized represent at ive, or upon present at ion of a
subpoena duces t ecum duly issued by t he Commission. Failure of t he candidat e or t reasurer t o
preserve such records or document s shall be deemed prima f acie evidence of violat ion of t he
provisions of t his Art icle. (Sec. 56, 1978 EC)
SECTION 107.
SECTION 108.
SECTION 109. Form and cont ent s of st at ement . The st at ement shall be in writ ing, subscribed
and sworn t o by t he candidat e or by t he t reasurer of t he part y, shall be complet e as of t he dat e
next preceding t he dat e of f iling and shall set f ort h in det ail (a) t he amount of cont ribut ion, t he
dat e of receipt , and t he f ull name and exact address of t he person f rom whom t he cont ribut ion
was received; (b) t he amount of every expendit ure, t he dat e t hereof , t he f ull name and exact
address of t he person t o whom payment was made, and t he purpose of t he expendit ure; (c)
any unpaid obligat ion, it s nat ure and amount , and t o whom said obligat ion is owing; and (d)
such ot her part iculars which t he Commission may require.
If t he candidat e or t reasurer of t he part y has received no cont ribut ion, made no expendit ure, or
has no pending obligat ion, t he st at ement shall ref lect such f act . (Sec. 59, 1978 EC)
SECTION 110. Preservat ion and inspect ion of st at ement s. All st at ement s of cont ribut ions
and expendit ures shall be kept and preserved at t he of f ice where t hey are f iled and shall
const it ut e part of t he public records t hereof f or t hree years af t er t he elect ion t o which t hey
pert ain. They shall not be removed t heref rom except upon order of t he Commission or of a
compet ent court and shall, during regular of f ice hours, be subject and open t o inspect ion by
t he public. The of f icer in-charge t hereof , shall, on demand, f urnish cert if ied copies of any
st at ement upon payment of t he f ee prescribed under Sect ion 270 hereof . (Sec. 60, 1978 EC)
It shall be t he dut y of t he Commission t o examine all st at ement s of cont ribut ions and
expendit ures of candidat es and polit ical part ies t o det ermine compliance wit h t he provisions of
t his Art icle. (New)
SECTION 111. Ef f ect of f ailure t o f ile st at ement . In addit ion t o ot her sanct ions provided in
t his Code, no person elect ed t o any public of f ice shall ent er upon t he dut ies of his of f ice unt il
he has f iled t he st at ement of cont ribut ions and expendit ures herein required.
The same prohibit ion shall apply if t he polit ical part y which nominat ed t he winning candidat e
f ails t o f ile t he st at ement s required herein wit hin t he period prescribed by t his Code. (Sec. 61,
1978 EC modif ied)
SECTION 112. Report of cont ract or and business f irms. Every person or f irm t o whom any
elect oral expendit ure is made shall, wit hin t hirt y days af t er t he day of t he elect ion, f ile wit h t he
Commission a report set t ing f ort h t he f ull names and exact addresses of t he candidat es,
t reasurers of polit ical part ies, and ot her persons incurring such expendit ures, t he nat ure or
purpose of each expendit ure, t he dat e and cost s t hereof , and such ot her part iculars as t he
Commission may require. The report shall be signed and sworn t o by t he supplier or cont ract or,
or in case of a business f irm or associat ion, by it s president or general manager.
It shall be t he dut y of such person or f irm t o whom an elect oral expendit ure is made t o require
every agent of a candidat e or of t he t reasurer of a polit ical part y t o present writ t en aut horit y t o
incur elect oral expendit ures in behalf of such candidat e or t reasurer, and t o keep and preserve
at it s place of business, subject t o inspect ion by t he Commission or it s aut horized
represent at ives, copies of such writ t en aut horit y, cont ract s, vouchers, invoices and ot her
records and document s relat ive t o said expendit ures f or a period of t hree years af t er t he dat e
of t he elect ion t o which t hey pert ain.
It shall be unlawf ul f or any supplier, cont ract or or business f irm t o ent er int o cont ract involving
elect ion expendit ures wit h represent at ives of candidat es or polit ical part ies wit hout such
writ t en aut horit y. (Sec. 69, 1978, EC)
ARTICLE XII
Regist rat ion of Vot ers
SECTION 113. Permanent List of Vot ers. Any provision of President ial Decree No. 1896 t o t he
cont rary not wit hst anding, t he list of vot ers prepared and used in t he elect ion of Members of
t he Bat asang Pambansa on May 14, 1984, wit h such addit ions, cancellat ions and correct ions
as may hereaf t er be made in accordance wit h t he provisions of t his Code, shall const it ut e t he
permanent list of vot ers in each cit y or municipalit y, as t he case may be, unt il 1996.
For purposes of t he next f ollowing elect ion, t he Commission, t hrough t he elect ion regist rars,
shall assign t he proper precinct s and polling places t o t he regist ered vot ers in said list . Writ t en
not ice of any such change shall be made t o t he af f ect ed vot ers wit hin t wo weeks t heref rom.
SECTION 114. Renewal of t he Permanent List . The list of vot ers prepared in accordance wit h
t he preceding sect ion shall be renewed in ninet een hundred and ninet y-six and every t welve
years t hereaf t er. (New)
SECTION 115. Necessit y of Regist rat ion. In order t hat a qualif ied elect or may vot e in any
elect ion, plebiscit e or ref erendum, he must be regist ered in t he permanent list of vot ers f or t he
cit y or municipalit y in which he resides. (Sec. 3, PD, 1986, as amended).
SECTION 116. Who may be regist ered in t he list . All persons having complied wit h t he
requisit es herein prescribed f or t he regist rat ion of vot ers shall be regist ered in t he list , provided
t hey possess all t he qualif icat ions and none of t he disqualif icat ions of a vot er. Those who
f ailed t o regist er in t he elect ion of 1984, f or any reason what soever, may regist er in accordance
wit h t he provisions of t his Code. Any person who may not have on t he dat e of regist rat ion t he
age or period of residence required may also be regist ered upon proof t hat on t he dat e of t he
elect ion, plebiscit e or ref erendum he shall have such qualif icat ions. (Sec. 4, PD, 1896, as
amended)
SECTION 117. Qualif icat ions of a vot er. Every cit izen of t he Philippines, not ot herwise
disqualif ied by law, eight een years of age or over, who shall have resided in t he Philippines f or
one year and in t he cit y or municipalit y wherein he proposes t o vot e f or at least six mont hs
immediat ely preceding t he elect ion, may be regist ered as a vot er.
Any person who t ransf ers residence t o anot her cit y, municipalit y or count ry solely by reason of
his occupat ion; prof ession; employment in privat e or public service; educat ional act ivit ies; work
in milit ary or naval reservat ions; service in t he army, navy or air f orce; t he const abulary or
nat ional police f orce; or conf inement or det ent ion in government inst it ut ions in accordance
wit h law, shall be deemed not t o have lost his original residence. (Sec. 5, PD 1896, as amended)
SECTION 118. Disqualif icat ions. The f ollowing shall be disqualif ied f rom vot ing:
(a) Any person who has been sent enced by f inal judgment t o suf f er imprisonment f or not less
t han one year, such disabilit y not having been removed by plenary pardon or grant ed amnest y:
Provided, however, That any person disqualif ied t o vot e under t his paragraph shall
aut omat ically reacquire t he right t o vot e upon expirat ion of f ive years af t er service of sent ence.
(b) Any person who has been adjudged by f inal judgment by compet ent court or t ribunal of
having commit t ed any crime involving disloyalt y t o t he duly const it ut ed government such as
rebellion, sedit ion, violat ion of t he ant i-subversion and f irearms laws, or any crime against
nat ional securit y, unless rest ored t o his f ull civil and polit ical right s in accordance wit h law:
Provided, That he shall regain his right t o vot e aut omat ically upon expirat ion of f ive years af t er
service of sent ence.
(c) Insane or incompet ent persons as declared by compet ent aut horit y. (Sec. 102, 1971 BC; Sec.
75 1978 EC, as amended)
SECTION 119. Preparat ion of t he permanent list of vot ers. For t he preparat ion of t he
permanent list of vot ers in ninet een hundred and ninet y-six and every t welve years t hereaf t er,
t he board of elect ion inspect ors ref erred t o in Art icle XIV hereof of each elect ion precinct shall
hold f our meet ings on t he sevent h Sat urday, sevent h Sunday, sixt h Sat urday and sixt h Sunday
preceding t he dat e of t he regular elect ion t o be held. At t hese meet ings t he board shall prepare
eight copies of t he list of vot ers of t he precinct wherein it shall regist er t he elect ors applying f or
regist rat ion. (Sec. 100, RA 180, as amended)
SECTION 120. Preparat ion of t he list bef ore ot her regular elect ions. For t he preparat ion of
t he list bef ore ot her regular elect ions, t he board of elect ion inspect ors of each elect ion precinct
shall meet in t he polling place on t he sevent h and sixt h Sat urdays bef ore t he day of t he
elect ion. At t hese meet ings, t he board shall prepare and cert if y eight copies of t he list of vot ers
of t he corresponding precinct t ransf erring t heret o t he names of t he vot ers appearing in t he list
used in t he preceding elect ion and including t herein such new qualif ied vot ers as may apply f or
regist rat ion, as provided in Sect ion 126 hereof . (Sec. 101, RA 180, as amended)
SECTION 121. Preparat ion of t he list bef ore any special elect ion, plebiscit e or ref erendum.
For t he preparat ion of t he list of vot ers bef ore a special elect ion, plebiscit e or ref erendum, t he
board of elect ions inspect ors of each elect ion precinct shall hold a meet ing in t he polling place
on t he second Sat urday f ollowing t he day of t he proclamat ion calling such elect ion. At t his
meet ing t he board shall t ransf er t he names of t he vot ers appearing in t he list used in t he
preceding elect ion and ent er t hose of t he newly regist ered vot ers. (Sec. 102, RA 180, as
amended)
SECTION 122. Transf er of names of vot ers f rom t he permanent list t o t he current one. The
t ransf er of t he names of t he vot ers of t he precinct already regist ered in t he list used in t he
preceding elect ion t o t he list t o be made as provided f or in t he t wo preceding sect ions is a
minist erial dut y of t he board, and any omission or error in copying shall be correct ed mot u
proprio, or upon pet it ion of t he int erest ed part y, wit hout delay and in no case beyond t hree
days f rom t he t ime such error is not iced; and if t he board should ref use, t he int erest ed part y
may apply f or such correct ion t o t he proper municipal or met ropolit an t rial court which shall
decide t he case wit hout delay and in no case beyond t hree days f rom t he dat e t he pet it ion is
f iled. The decision of t he proper municipal or met ropolit an t rial court shall be f inal and
unappealable in what ever f orm or manner. (Sec. 103, RA 180, as amended)
To f acilit at e t he t ransf er of names of vot ers, t he elect ion regist rar shall deliver t he book of
vot ers t o t he board of elect ion inspect ors on t he day bef ore t he regist rat ion of vot ers, t o be
ret urned af t er t he last day of regist rat ion. (New)
SECTION 123. Cancellat ion and exclusion in t he t ransf er of names. In t ransf erring t he names
of t he vot ers of t he precinct f rom t he list used in t he preceding elect ion t o t he current list , t he
board shall exclude t hose who have applied f or t he cancellat ion of t heir regist rat ion, t hose who
have died, t hose who did not vot e in t he immediat ely preceding t wo successive regular
elect ions, t hose who have been excluded by court orders issued in accordance wit h t he
provisions of t his Code, and t hose who have been disqualif ied, upon mot ion of any member of
t he board or of any elect or or wat cher, upon sat isf act ory proof t o t he board and upon
summons t o t he vot er in cases of disqualif icat ion. The mot ion shall be decided by t he board
wit hout delay and in no case beyond t hree days f rom it s f iling. Should t he board deny t he
mot ion, or f ail t o act t hereon wit hin t he period herein f ixed, t he int erest ed part y may apply f or
such exclusion t o t he municipal or met ropolit an t rial court which shall decide t he pet it ion
wit hout delay and in no case beyond t hree days f rom t he dat e t he pet it ion is f iled. The decision
of t he court shall be f inal. The poll clerk shall keep a record of t hese exclusions and shall f urnish
t hree copies t hereof t o t he elect ion regist rar who shall, in t urn keep one copy and send t he t wo
ot her copies t hereof t o t he provincial elect ion supervisor and t he Commission, t o be at t ached
by t hem t o t he permanent list under t heir cust ody. (Sec. 104, RA 180, as amended)
SECTION 124. Meet ing t o close t he list of vot ers. The board of elect ion inspect ors shall also
meet on t he second Sat urday immediat ely preceding t he day of t he regular elect ion, or on t he
second day immediat ely preceding t he day of t he special elect ion, plebiscit e or ref erendum
whet her it be Sunday or a legal holiday, f or t he purpose of making such inclusions, exclusions,
and correct ions as may be or may have been ordered by t he court s, st at ing opposit e every
name so correct ed, added, or cancelled, t he dat e of t he order and t he court which issued t he
same; and f or t he consecut ive numbering of t he vot ers of t he elect ion precinct .
Should t he board f ail t o include in t he list of vot ers any person ordered by compet ent court t o
be so included, said person shall, upon present at ion of a cert if ied copy of t he order of inclusion
and upon proper ident if icat ion, be allowed by t he board t o vot e.
Should t he board f ail t o exclude f rom t he list of vot ers any person ordered by t he court t o be
so excluded, t he board shall not permit said person t o vot e upon present at ion t o it by any
int erest ed part y of a cert if ied copy of t he order of exclusion. (Sec. 105, RA 180, as amended)
SECTION 125. Re-regist rat ion. A vot er who is regist ered in t he permanent list of vot ers need
not regist er anew f or subsequent elect ions unless he t ransf er residence t o anot her cit y or
municipalit y, or his regist rat ion has been cancelled on t he ground of disqualif icat ion and such
disqualif icat ion has been lif t ed or removed. Likewise a vot er whose regist rat ion has been
cancelled due t o f ailure t o vot e in t he preceding regular elect ion may regist er anew in t he cit y or
municipalit y where he is qualif ied t o vot e. (Sec. 132, 1971 EC; Sec. 73, 1978 EC, as amended)
SECTION 126. Regist rat ion of vot ers. On t he sevent h and sixt h Sat urdays bef ore a regular
elect ion or on t he second Sat urday f ollowing t he day of t he proclamat ion calling f or a new
special elect ion, plebiscit e or ref erendum, any person desiring t o be regist ered as a vot er shall
accomplish in t riplicat e bef ore t he board of elect ion inspect ors a vot ers af f idavit in which shall
be st at ed t he f ollowing dat a:
(a) Name, surname, middle name, mat ernal surname;
(b) Dat e and place of birt h;
(c) Cit izenship;
(d) Periods of residence in t he Philippines and in t he place of regist rat ion;
(e) Exact address wit h t he name of t he st reet and house number or in case t here is none, a
brief descript ion of t he localit y and t he place;
(f ) A st at ement t hat t he applicant has not been previously regist ered, ot herwise he shall be
required t o at t ach a sworn applicat ion f or cancellat ion of his previous regist rat ion; and
(g) Such ot her inf ormat ion or dat a which may be required by t he Commission.
The vot ers af f idavit shall also cont ain t hree specimens of t he applicant s signat ure and clear
and legible print s of his lef t and right hand t humbmarks and shall be sworn t o and f iled t oget her
wit h f our copies of t he lat est ident if icat ion phot ograph t o be supplied by t he applicant .
The oat h of t he applicant shall include a st at ement t hat he does not have any of t he
disqualif icat ions of a vot er and t hat he has not been previously regist ered in t he precinct or in
any ot her precinct .
Bef ore t he applicant accomplishes his vot ers af f idavit , t he board of elect ion inspect ors shall
appraise t he applicant of t he qualif icat ions and disqualif icat ions prescribed by law f or a vot er. It
shall also see t o it t hat t he accomplished vot ers af f idavit cont ain all t he dat a t herein required
and t hat t he applicant s specimen signat ures, t he print s of his lef t and right hand t humbmarks
and his phot ograph are properly af f ixed in each of t he vot ers af f idavit .
SECTION 127. Illit erat e or disabled applicant s. The vot ers af f idavit of an illit erat e or physically
disabled person may be prepared by any relat ive wit hin t he f ourt h civil degree of consanguinit y
of af f init y or by any member of t he board of elect ion inspect ors who shall prepare t he af f idavit
in accordance wit h t he dat a supplied by t he applicant .
SECTION 128. Vot ers ident if icat ion. The ident if icat ion card issued t o t he vot er shall serve
and be considered as a document f or t he ident if icat ion of each regist ered vot er: Provided,
however, That if t he vot ers ident it y is challenged on elect ion day and he cannot present his
vot er ident if icat ion card, his ident it y may be est ablished by t he specimen signat ures, t he
phot ograph or t he f ingerprint s in his vot ers af f idavit in t he book of vot ers. No ext ra or
duplicat e copy of t he vot er ident if icat ion card shall be prepared and issued except upon
aut horit y of t he Commission.
Each ident if icat ion card shall bear t he name and t he address of t he vot er, his dat e of birt h, sex,
civil st at us, occupat ion, his phot ograph, t humbmark, t he cit y or municipalit y and number of t he
polling place where he is regist ered, his signat ure, his vot er serial number and t he signat ure of
t he chairman of t he board of elect ion inspect ors.
Any vot er previously regist ered under t he provisions of President ial Decree Numbered 1896
who desires t o secure a vot er ident if icat ion card shall, on any regist rat ion day, provide f our
copies of his lat est ident if icat ion phot ograph t o t he board of elect ion inspect ors which upon
receipt t hereof shall af f ix one copy t hereof t o t he vot ers af f idavit in t he book of vot ers, one
copy t o t he vot er ident if icat ion card t o be issued t o t he vot er and t ransmit t hrough t he elect ion
regist rar, one copy each t o t he provincial elect ion supervisor and t he Commission t o be
respect ively at t ached t o t he vot ers af f idavit in t heir respect ive cust ody.
SECTION 129. Act ion by t he board of elect ion inspect ors. Upon receipt of t he vot ers
af f idavit , t he board of elect ion inspect ors shall examine t he dat a t herein. If it f inds t hat t he
applicant possesses all t he qualif icat ions and none of t he disqualif icat ions of a vot er, he shall
be regist ered. Ot herwise, he shall not be regist ered.
The name and address of each regist ered vot er shall, immediat ely upon his regist rat ion, be
ent ered in t he proper alphabet ical group in t he list af t er which t he vot er ident if icat ion card shall
be issued t o t he vot er. (Sec. 27, PD 1896, as amended)
SECTION 130. Provincial cent ral f ile of regist ered vot ers. There shall be a provincial cent ral f ile
of regist ered vot ers cont aining t he duplicat e copies of all approved vot ers af f idavit s in each
cit y and municipalit y in t he province which shall be under t he cust ody and supervision of t he
provincial elect ion supervisor. The applicat ions shall be compiled alphabet ically by precinct s so
as t o make t he f ile an exact replica of t he book of vot ers in t he possession of t he elect ion
regist rar.
Should t he book of vot ers in t he cust ody of t he elect ion regist rar be lost or dest royed at a t ime
so close t o t he elect ion day t hat t here is no t ime t o reconst it ut e t he same, t he corresponding
book of vot ers in t he provincial f ile shall be used during t he vot ing.
SECTION 131. Nat ional cent ral f ile of regist ered vot ers. There shall also be a nat ional cent ral
f ile or regist ered vot ers consist ing of t he t riplicat e copies of all approved vot ers af f idavit s in all
cit ies and municipalit ies which shall be prepared and kept in t he cent ral of f ice of t he
Commission. The applicat ions in t he nat ional cent ral f ile shall be compiled alphabet ically
according t o t he surnames of t he regist ered vot ers regardless of t he place of regist rat ion.
SECTION 132. Preservat ion of vot ers af f idavit s. A copy of t he af f idavit of each vot er shall be
kept by t he board of elect ion inspect ors unt il af t er t he elect ion when it shall deliver t he same t o
t he elect ion regist rar t oget her wit h t he copies of t he list of vot ers and ot her elect ion papers f or
use in t he next elect ion. The elect ion regist rar shall compile t he vot ers af f idavit s by precinct
alphabet ically in a book of vot ers. The ot her t wo copies shall be sent by t he board of elect ion
inspect ors on t he day f ollowing t he dat e of t he af f idavit t o t he of f ice of t he provincial elect ion
supervisor and t he Commission in Manila. The provincial elect ion supervisor and t he
Commission shall respect ively f ile and preserve t he vot ers af f idavit s by cit y and municipalit y
and in alphabet ical order of t heir surnames. The f ourt h copy shall be given t o t he vot er as
evidence of his regist rat ion. (Sec. 28, PD 1896, as amended)
SECTION 133. Columns in t he list of vot ers. The list of vot ers shall be arranged in columns as
f ollows: In t he f irst column t here shall be ent ered, at t he t ime of closing of t he list bef ore t he
elect ion, a number opposit e t he name of each vot er regist ered, beginning wit h number one and
cont inuing in consecut ive order unt il t he end of t he list . In t he second column, t he surnames of
t he regist ered vot ers shall be writ t en in alphabet ical order f ollowed by t heir respect ive f irst
names, wit hout abbreviat ions of any kind. In t he t hird column, t he respect ive residences of such
persons wit h t he name of t he st reet and number, or, in case t here be none, a brief descript ion
of t he localit y or place. In t he f ourt h column, shall be ent ered t he periods of residence in t he
Philippines and in t he cit y or municipalit y. In t he f if t h column, t here shall be ent ered on t he day
of t he elect ion t he numbers of t he ballot s which were given successively t o each vot er. In t he
sixt h column, t he vot er shall st amp on t he day of t he elect ion t he mark of t he t humb of his right
hand and under said mark his signat ure. And in t he sevent h column, t he signat ure of t he
chairman of t he board of elect ion inspect ors who has handed t he ballot t o t he vot er. It will be
suf f icient t hat t he f if t h, sixt h, and sevent h columns shall be f illed in t he copy of t he list under
t he cust ody of t he board of elect ion inspect ors which shall see t o it t hat t he t humbmark is
st amped plainly. (Sec. 29, PD 1896, as amended)
SECTION 134. Cert if icat e of t he board of elect ion inspect ors in t he list of vot ers. Upon t he
adjournment of each meet ing f or t he regist rat ion of vot ers, t he board of elect ion inspect ors
shall close each alphabet ical group of surnames of vot ers by writ ing t he dat es on t he next line
in blank, which shall be f ort hwit h signed by each member, and, bef ore adding a new name on
t he same page at t he next meet ing, it shall writ e t he f ollowing: Added at t he . . . meet ing
specif ying if it is t he second t hird or f ourt h meet ing of t he board, as t he case may be. If t he
meet ing adjourned is t he last one f or t he regist rat ion of vot ers, t he board shall, besides closing
each alphabet ical group of vot ers as above provided, add at t he end of t he list a cert if icat e (a)
of t he correct ions and cancellat ions made in t he permanent list , specif ying t hem, or t hat t here
has been none, and (b) of t he t ot al number of vot ers regist ered in t he precinct . (Sec. 30, PD
1896, as amended)
SECTION 135. Publicat ion of t he list . At t he f irst hour of t he working day f ollowing t he last
day of regist rat ion of vot ers, t he poll clerk shall deliver t o t he elect ion regist rar a copy of t he list
cert if ied t o by t he board of elect ion inspect ors as provided in t he preceding sect ion; anot her
copy, also cert if ied, shall be sent t o t he provincial elect ion supervisor of t he province, and
anot her, likewise cert if ied, shall be sent t o t he Commission, in whose of f ices said copies shall
be open t o public inspect ion during regular of f ice hours. On t he same day and hour, t he poll
clerk shall also post a copy of t he list in t he polling place in a secure place on t he door or near
t he same at a height of a met er and a half , where it may be convenient ly consult ed by t he
int erest ed part ies. The chairman, poll clerk and t he t wo members of t he board of elect ion
inspect ors shall each keep a copy of t he list which may be inspect ed by t he public in t heir
residence or of f ice during regular of f ice hours. Immediat ely af t er t he meet ing f or t he closing of
t he list , t he poll clerk shall also send a not ice t o t he elect ion regist rar, provincial elect ion
supervisor and t he Commission regarding t he changes and t he numbering above ref erred t o, t o
be at t ached t o t he copy of t he list under t heir cust ody. (Sec. 31, PD 1896, as amended)
SECTION 136. Challenge of right t o regist er. Any person applying f or regist rat ion may be
challenged bef ore t he board of elect ion inspect ors on any regist rat ion day by any member,
vot er, candidat e, or wat cher. The board shall t hen examine t he challenged person and shall
receive such ot her evidence as it may deem pert inent , af t er which it shall decide whet her t he
elect or shall be included in or excluded f rom t he list as may be proper. All challenges shall be
heard and decided wit hout delay, and in no case beyond t hree days f rom t he dat e t he
challenge was made.
Af t er t he quest ion has been decided, t he board of elect ion inspect ors shall give t o each part y a
brief cert if ied st at ement set t ing f ort h t he challenge and t he decision t hereon. (Sec. 32, PD
1896, as amended)
SECTION 137. Power of t he board of elect ion inspect ors t o administ er oat hs and issue
summons. For t he purpose of det ermining t he right of applicant s t o be regist ered as vot ers in
t he list , t he board of elect ion inspect ors shall have t he same power t o administ er oat hs, t o
issue subpoena and subpoena duces t ecum and t o compel wit nesses t o appear and t est if y,
but t he lat t ers f ees and expenses incident t o t he process shall be paid in advance by t he part y
in whose behalf t he summons is issued. (Sec. 33, PD 1896, as amended)
SECTION 138. Jurisdict ion in inclusion and exclusion cases. The municipal and met ropolit an
t rial court s shall have original and exclusive jurisdict ion over all mat t ers of inclusion and
exclusion of vot ers f rom t he list in t heir respect ive municipalit ies or cit ies. Decisions of t he
municipal or met ropolit an t rial court s may be appealed direct ly by t he aggrieved part y t o t he
proper regional t rial court wit hin f ive days f rom receipt of not ice t hereof , ot herwise said
decision of t he municipal or met ropolit an t rial court shall become f inal and execut ory af t er said
period. The regional t rial court shall decide t he appeal wit hin t en days f rom t he t ime t he appeal
was received and it s decision shall be immediat ely f inal and execut ory. No mot ion f or
reconsiderat ion shall be ent ert ained by t he court s. (Sec. 37, PD 1896, as amended)
SECTION 139. Pet it ion f or inclusion of vot ers in t he list . Any person whose applicat ion f or
regist rat ion has been disapproved by t he board of elect ion inspect ors or whose name has been
st ricken out f rom t he list may apply, wit hin t went y days af t er t he last regist rat ion day, t o t he
proper municipal or met ropolit an t rial court , f or an order direct ing t he board of elect ion
inspect ors t o include or reinst at e his name in t he list , t oget her wit h t he cert if icat e of t he board
of elect ion inspect ors regarding his case and proof of service of not ice of his pet it ion upon a
member of t he board of elect ion inspect ors wit h indicat ion of t he t ime, place, and court bef ore
which t he pet it ion is t o be heard. (Sec. 38, 1896, as amended)
SECTION 140. Vot ers excluded t hrough inadvert ence or regist ered wit h an erroneous or
misspelled name. Any vot er regist ered in t he permanent list who has not been included in t he
list prepared f or t he elect ion or who has been included t herein wit h a wrong or misspelled name
shall have t he right t o f ile an applicat ion on any dat e wit h t he proper municipal or met ropolit an
t rial court , f or an order direct ing t hat his name be reinst at ed in t he list or t hat he be regist ered
wit h his correct name. He shall at t ach t o such applicat ion a cert if ied copy of t he ent ry of his
name in t he list of t he preceding elect ion, t oget her wit h proof t hat he has applied wit hout
success t o t he board of elect ion inspect ors and t hat he has served not ice t hereof upon a
member of t he board. (Sec. 39, PD 1896, as amended)
SECTION 141. Change of name of regist ered vot er. Any previously regist ered vot er whose
name has been changed by reason of marriage or by virt ue of a court order may request t he
board of elect ion inspect ors during any of it s meet ings held under t his Art icle t hat his
regist rat ion in t he list be recorded under his or her new name.
SECTION 142. Pet it ion f or exclusion of vot ers f rom t he list . Any regist ered vot er in a cit y or
municipalit y may apply at any t ime except during t he period beginning wit h t he t went y-f irst day
af t er t he last regist rat ion day of any elect ion up t o and including elect ion day wit h t he proper
municipal or met ropolit an t rial court , f or t he exclusion of a vot er f rom t he list , giving t he name
and residence of t he lat t er, t he precinct in which he is regist ered, and t he grounds f or t he
challenge. The pet it ion shall be sworn t o and accompanied by proof of not ice t o t he board of
elect ion inspect ors concerned, if t he same is duly const it ut ed, and t o t he challenged vot ers.
(Sec. 40, PD 1896, as amended)
SECTION 143. Common rules governing judicial proceedings in t he mat t er of inclusion,
exclusion, and correct ion of names of vot ers. (a) Out side of regular of f ice hours no pet it ion
f or inclusion, exclusion, or correct ion of names of vot ers shall be received.
(b) Not ices t o t he members of t he board of elect ion inspect ors and t o challenged vot ers shall
st at e t he place, day and hour in which such pet it ion shall be heard, and such not ice may be
made by sending a copy t hereof by regist ered mail or by personal delivery or by leaving it in t he
possession of a person of suf f icient discret ion in t he residence of t he said person or, in t he
event t hat t he f oregoing procedure is not pract icable, by post ing a copy in a conspicuous place
in t he cit y hall or municipal building and in t wo ot her conspicuous places wit hin t he cit y or
municipalit y, at least t en days prior t o t he day set f or t he hearing.
In t he int erest of just ice and t o af f ord t he challenged vot er every opport unit y t o cont est t he
pet it ion f or exclusion, t he court concerned may, when t he challenged vot er f ails t o appear in
t he f irst day set f or t he hearing, order t hat not ice be ef f ect ed in such manner and wit hin such
period of t ime as it may decide, which t ime shall in no case be more t han t en days f rom t he day
t he respondent is f irst f ound in def ault .
(c) Each pet it ion shall ref er t o only one precinct .
(d) No cost s shall be assessed in t hese proceedings. However, if t he court should be sat isf ied
t hat t he applicat ion has been f iled f or t he sole purpose of molest ing t he adverse part y and
causing him t o incur expenses, it may condemn t he culpable part y t o pay t he cost s and
incident al expenses.
(e) Any candidat e who may be af f ect ed by t he proceedings may int ervene and present his
evidence.
(f ) The decision shall be based on t he evidence present ed. If t he quest ion is whet her or not t he
vot er is real or f ict it ious, his non-appearance on t he day set f or hearing shall be prima f acie
evidence t hat t he regist ered vot er is f ict it ious. In no case shall a decision be rendered upon a
st ipulat ion of f act s.
(g) These applicat ions shall be heard and decided wit hout delay. The decision shall be rendered
wit hin six hours af t er t he hearing and wit hin t en days f rom t he dat e of it s f iling in court . Cases
appealed t o t he regional t rial court shall be decided wit hin t en days f rom receipt of t he appeal in
t he of f ice of t he clerk of court . In any case, t he court shall decide t hese pet it ions not lat er t han
t he day bef ore t he elect ion and t he decision rendered t hereon shall be immediat ely f inal and
execut ory, not wit hst anding t he provisions of Sect ion 138 on t he f inalit y of decisions. (Sec. 41,
PD 1896, as amended)
SECTION 144. Canvass t o check regist rat ion. The elect ion regist rar shall, once every t wo
years or more of t ener should t he Commission deem it necessary in order t o preserve t he
int egrit y of t he permanent list s of vot ers, conduct verif icat ion by mail or house-t o-house
canvass, or bot h, of t he regist ered vot ers of any barangay f or purposes of exclusion
proceedings.
SECTION 145. Annulment of permanent list s of vot ers. Any book of vot ers not prepared in
accordance wit h t he provisions of t his Code or t he preparat ion of which has been ef f ect ed
wit h f raud, bribery, f orgery, impersonat ion, int imidat ion, f orce, or any ot her similar irregularit y or
which list is st at ist ically improbable may, upon verif ied pet it ion of any vot er or elect ion regist rar,
or duly regist ered polit ical part y, and af t er not ice and hearing, be annulled by t he Commission:
Provided, That no order, ruling or decision annulling a book of vot ers shall be execut ed wit hin
sixt y days bef ore an elect ion.
SECTION 146. Reconst it ut ion of lost or dest royed regist rat ion records. The Commission shall
reconst it ut e all regist rat ion records which have been lost or dest royed. For t his purpose, it shall
be t he dut y of t he elect ion regist rar t o immediat ely report t o t he Commission any case of loss
or dest ruct ion of approved applicat ions f or regist rat ion in t heir cust ody. Such reconst it ut ion
shall be made wit h t he use of t he corresponding copies in t he nat ional or provincial cent ral f iles
of regist ered vot ers: Provided, That if t his is not f easible, t he regist ered vot er concerned may
be summoned by t he elect ion regist rar t o ef f ect such reconst it ut ion by accomplishing a new
applicat ion. Reconst it ut ed f orms shall be clearly marked wit h t he word reconst it ut ed.
The reconst it ut ion of any lost or dest royed applicat ion f or regist rat ion shall not af f ect t he
criminal liabilit y of any person or persons who may be responsible f or such loss or dest ruct ion.
SECTION 147. Examinat ion of regist rat ion records. All regist rat ion records in t he possession
of t he cit y or municipal elect ion regist rar, t he provincial elect ion supervisor, and t he Commission
shall, during regular of f ice hours, be open t o examinat ion by t he public wit h legit imat e inquiries
f or purposes of elect ion.
Law enf orcement agencies shall, upon prior aut horizat ion by t he Commission, have access t o
said regist rat ion records should t he same be necessary t o, or in aid of , t heir invest igat ive
f unct ions and dut ies, subject t o regulat ions promulgat ed by t he Commission.
SECTION 148. List of vot ers. Fif t een days bef ore t he dat e of t he regular elect ion or special
elect ion, ref erendum or plebiscit e, t he board of elect ion inspect ors must post t he f inal list of
vot ers in each precinct wit h each and every page t hereof duly signed or subscribed and sworn
t o by t he members of t he board of elect ion inspect ors and t hat f ailure t o comply wit h t his
provision will const it ut e an elect ion of f ense.
Any candidat e or aut horized represent at ive of an accredit ed polit ical part y, upon f ormal
request made t o an elect ion regist rar, shall be ent it led t o a cert if ied copy of t he most recent list
of vot ers in any precinct , municipalit y, cit y or province, upon payment of a reasonable f ee as
may be prescribed by t he Commission.
ARTICLE XIII
Precinct s and Polling Places
SECTION 149. Precinct s and t heir est ablishment . The unit of t errit ory f or t he purpose of
vot ing is t he elect ion precinct , and every barangay as of t he approval of t his Act shall have at
least one such precinct . (New)
The Commission shall est ablish all elect ion precinct s.
The precinct s act ually est ablished in t he preceding regular elect ion shall be maint ained, but t he
Commission may int roduce such adjust ment s, changes or new divisions or abolish t hem, if
necessary: Provided, however, That t he t errit ory comprising an elect ion precinct shall not be
alt ered or a new precinct est ablished wit hin f ort y-f ive days bef ore a regular elect ion and t hirt y
days bef ore a special elect ion or a ref erendum or plebiscit e. (Sec. 82, 1971 EC)
SECTION 150. Arrangement s of elect ion precinct s. (a) Each elect ion precinct shall have, as
f ar as possible not more t han t hree hundred vot ers and shall comprise, as f ar as pract icable,
cont iguous and compact t errit ory.
(b) When it appears t hat an elect ion precinct cont ains more t han t hree hundred vot ers, t he
Commission shall, in t he int erest of orderly elect ion, and in order t o f acilit at e t he cast ing of
vot es, be aut horized t o divide a precinct not lat er t han one week af t er t he last day of
regist rat ion of vot ers. But t he polling place of all t he precinct s creat ed t hereby shall be locat ed
in t he same building or compound where t he polling place of t he original precinct is locat ed, and
if t his be not f easible, in a place as close as possible t o t he polling place of t he original precinct :
Provided, however, That t he polling place of t he new precinct may be locat ed elsewhere upon
writ t en pet it ion of t he majorit y of t he vot ers of t he new precinct : Provided, f urt her, That when
a precinct is divided int o t wo or more precinct s, t he regist ered vot ers shall be included in t he
precinct wherein t hey reside. Every case of alt erat ion of a precinct shall be duly published by
post ing a not ice of any change in conspicuous locat ion in t he precinct , and in t he municipal
building or cit y hall, as t he case may be.
(c) A municipalit y which has been merged wit h anot her municipalit y shall const it ut e at least one
elect ion precinct , if t he dist ance bet ween t he remot est barangay of t he merged municipalit y
and t he nearest polling place in t he municipalit y t o which it has been merged shall, by t he
short est road, exceed f ive kilomet ers.
(d) An island or group of islands having one hundred and f if t y or more vot ers shall const it ut e a
precinct .
(e) Any alt erat ion of t he elect ion precinct s or t he est ablishment of new ones shall be
communicat ed t o t he provincial elect ion supervisor, t he provincial superint endent of schools,
et c. t oget her wit h t he corresponding maps, which shall be published as prescribed in t he next
succeeding sect ions. (Sec. 83, 1971 EC)
SECTION 151. Publicat ion of maps or precinct s. At least f ive days bef ore t he f irst regist rat ion
day preceding a regular elect ion or special elect ion or a ref erendum or a plebiscit e, t he
Commission shall, t hrough it s duly aut horized represent at ive, post in t he cit y hall or municipal
building and in t hree ot her conspicuous places in t he cit y or municipalit y and on t he door of
each polling place, a map of t he cit y or municipalit y showing it s division int o precinct s wit h t heir
respect ive boundaries and indicat ing t herein all st reet s and alleys in populous areas and t he
locat ion of each polling place.
These maps shall be kept post ed unt il af t er t he elect ion, ref erendum or plebiscit e. (Sec. 84,
1971 EC)
SECTION 152. Polling place. A polling place is t he building or place where t he board of
elect ion inspect ors conduct s it s proceedings and where t he vot ers shall cast t heir vot es. (New)
SECTION 153. Designat ion of polling places. The locat ion of polling places designat ed in t he
preceding regular elect ion shall cont inue wit h such changes as t he Commission may f ind
necessary, af t er not ice t o regist ered polit ical part ies and candidat es in t he polit ical unit
af f ect ed, if any, and hearing: Provided, That no locat ion shall be changed wit hin f ort y-f ive days
bef ore a regular elect ion and t hirt y days bef ore a special elect ion or a ref erendum or plebiscit e,
except in case it is dest royed or it cannot be used. (Sec. 86, 1971 EC)
SECTION 154. Requirement s f or polling places. Each polling place shall be, as f ar as
pract icable, a ground f loor and shall be of suf f icient size t o admit and comf ort ably
accommodat e f ort y vot ers at one t ime out side t he guard rail f or t he board of elect ion
inspect ors. The polling place shall be locat ed wit hin t he t errit ory of t he precinct as cent rally as
possible wit h respect t o t he residence of t he vot ers t herein and whenever possible, such
locat ion shall be along a public road. No designat ion of polling places shall be changed except
upon writ t en pet it ion of t he majorit y of t he vot ers of t he precinct or agreement of all t he
polit ical part ies or by resolut ion of t he Commission upon prior not ice and hearing.
A public building having t he requirement s prescribed in t he preceding paragraph shall be
pref erred as polling place. (Sec. 87, 1971 EC)
SECTION 155. Building t hat shall not be used as polling places. No polling place shall be
locat ed in a public or privat e building owned, leased, or occupied by any candidat e or of any
person who is relat ed t o any candidat e wit hin t he f ourt h civil degree of consanguinit y or
af f init y, or any of f icer of t he government or leader of any polit ical part y, group or f act ion, nor in
any building or surrounding premises under t he act ual cont rol of a privat e ent it y, polit ical part y
or religious organizat ion. In places where no suit able public building is available, privat e school
buildings may be used as polling places. No polling place shall be locat ed wit hin t he perimet er of
or inside a milit ary or police camp or reservat ion or wit hin a prison compound. (Sec. 21, BP 697)
Any regist ered vot er, candidat e or polit ical part y may pet it ion t he Commission not lat er t han
t hirt y days bef ore t he f irst regist rat ion day f or t he t ransf er of t he polling place f rom t he
prohibit ed buildings provided herein. Such pet it ion shall be heard and decided by t he
Commission wit hin t went y days f rom t he f iling of t he pet it ion. Failure t o ef f ect t he t ransf er of
t he polling place af t er t he Commission f ound it t o be locat ed in violat ion of t his sect ion wit hin
t he period prescribed herein shall be a ground f or t he post ponement of t he elect ion in t he
polling place concerned.
SECTION 156. Signs and f lags of polling places. On t he day of t he vot ing as well as on any
day t hat t he board of elect ion inspect ors might meet , every polling place shall have in f ront a
sign showing t he number of t he precinct t o which it belongs and t he Philippine f lag shall be
hoist ed at t he proper height . (Sec. 89, 1971 EC)
SECTION 157. Arrangement and cont ent s of polling places. Each polling place shall conf orm
as much as possible t o t he sket ch on t he f ollowing page. (Sec. 90, 1971 EC)
SECTION 158. Vot ing boot h. During t he vot ing, t here shall be in each polling place a boot h f or
every t went y vot ers regist ered in t he precinct . Each boot h shall be open on t he side f ront ing
t he t able f or t he board of elect ion inspect ors and it s t hree sides shall be closed wit h walls at
least sevent y cent imet ers wide and t wo met ers high. The upper part shall be covered, if
necessary, t o preserve t he secrecy of t he ballot . Each boot h shall have in t he background a
shelf so placed t hat vot ers can writ e t herein while st anding and shall be kept clearly light ed, by
art if icial light s, if necessary, during t he vot ing.
The Commission shall post inside each vot ing boot h and elsewhere in t he polling place on t he
day bef ore t he elect ion, ref erendum and plebiscit e a list cont aining t he names of all t he
candidat es or t he issues or quest ions t o be vot ed f or, and shall at all t imes during t he vot ing
period keep such list post ed in said places. (Sec. 91, 1971 EC)
SECTION 159. Guard rails. (a) In every polling place t here shall be a guard rail bet ween t he
vot ing boot hs and t he t able f or t he board of elect ion inspect ors which shall have separat e
ent rance and exit . The boot hs shall be so arranged t hat t hey can be accessible only by passing
t hrough t he guard rail and by ent ering t hrough it s open side f acing t he t able of t he board of
elect ion inspect ors.
(b) There shall also be a guard rail f or t he wat chers bet ween t he place reserved f or t hem and
t he t able f or t he board of elect ion inspect ors and at a dist ance of not more t han f if t y
cent imet ers f rom t he lat t er so t hat t he wat chers may see and read clearly during t he count ing
of t he cont ent s of t he ballot s and see and count t he vot es recorded by t he board of elect ion
inspect ors member on t he corresponding t ally sheet s.
(c) There shall also be, if possible, guard rails separat ing t he t able of t he board of elect ion
inspect ors f rom t he vot ers wait ing f or t heir t urn t o cast t heir vot es, wit h ent rance and exit t o
give t hem orderly access t o t he t able and t he boot hs during t he vot ing.
(d) The polling place shall be so arranged t hat t he boot hs, t he t able, t he ballot boxes and t he
whole polling place, except what is being writ t en wit hin t he boot hs, shall be in plain view of t he
board of elect ion inspect ors, t he wat chers and ot her persons who may be wit hin t he polling
place. (Sec. 92, 1971 EC)
SECTION 160. Ballot boxes. (a) There shall be in each polling place on t he day of t he vot ing a
ballot box one side of which shall be t ransparent which shall be set in a manner visible t o t he
vot ing public cont aining t wo compart ment s, namely, t he compart ment f or valid ballot s which is
indicat ed by an int erior cover paint ed whit e and t he compart ment f or spoiled ballot s which is
indicat ed by an int erior cover paint ed red. The boxes shall be unif orm t hroughout t he
Philippines and shall be solidly const ruct ed and shall be closed wit h t hree dif f erent locks as well
as t hree numbered securit y locks and such ot her saf et y devices as t he Commission may
prescribe in such a way t hat t hey can not be opened except by means of t hree dist inct keys
and by dest roying such saf et y devices.
(b) In case of t he dest ruct ion or disappearance of any ballot box on elect ion day, t he board of
elect ion inspect ors shall immediat ely report it t o t he cit y or municipal t reasurer who shall f urnish
anot her box or recept acle as equally adequat e as possible. The elect ion regist rar shall report
t he incident and t he delivery of a new ballot box by t he f ast est means of communicat ion on
t he same day t o t he Commission and t o t he provincial elect ion supervisor. (Sec. 93, 1971 EC)
SECTION 161. Tally boards. At t he beginning of t he count ing, t here shall be placed wit hin t he
plain view of t he board of elect ion inspect ors, wat chers and t he public, a t ally board where t he
names of all t he regist ered candidat es or t he issues or quest ions t o be vot ed upon shall be
writ t en, and t he poll clerk shall record t hereon t he vot es received by each of t hem as t he
chairman of t he board of elect ion inspect ors reads t he ballot . (Sec. 94, 1971 EC)
SECTION 162. Furnishing of ballot boxes, f orms, st at ioneries and mat erials f or elect ion. The
Commission shall prepare and f urnish t he ballot boxes, f orms, st at ioneries and mat erials
necessary f or t he regist rat ion of vot ers and t he holding of t he elect ion.
The provincial, cit y and municipal t reasurer shall have cust ody of such elect ion paraphernalia,
supplies and mat erials as are ent rust ed t o him under t he law or rules of t he Commission and
shall be responsible f or t heir preservat ion and st orage, and f or any loss, dest ruct ion,
impairment or damage of any elect ion equipment , mat erial or document in t heir possession
f urnished under t his Code. (Sec. 96, 1971 EC)
SECTION 163. Inspect ion of polling places. Bef ore t he day of t he elect ion, ref erendum or
plebiscit e, t he Chairman of t he Commission shall, t hrough it s aut horized represent at ives, see
t o it t hat all polling places are inspect ed and such omissions and def ect s as may be f ound
correct ed. The Commission shall keep t he report s on t hese inspect ions. (Sec. 97, 1971 EC)
ARTICLE XIV
Board of Elect ion Inspect ors
SECTION 164. Composit ion and appoint ment of board of elect ion inspect ors. At least t hirt y
days bef ore t he dat e when t he vot ers list is t o be prepared in accordance wit h t his Code, in t he
case of a regular elect ion or f if t een days bef ore a special elect ion, t he Commission shall,
direct ly or t hrough it s duly aut horized represent at ives, const it ut e a board of elect ion inspect ors
f or each precinct t o be composed of a chairman and a poll clerk who must be public school
t eachers, priorit y t o be given t o civil service eligibles, and t wo members, each represent ing t he
t wo accredit ed polit ical part ies. The appoint ment shall st at e t he precinct t o which t hey are
assigned and t he dat e of t he appoint ment .
SECTION 165. Oat h of t he members of t he board of elect ion inspect ors. The members of t he
board of elect ion inspect ors, whet her permanent , subst it ut e or t emporary, shall bef ore
assuming t heir of f ice, t ake and sign an oat h upon f orms prepared by t he Commission, bef ore
an of f icer aut horized t o administ er oat hs or, in his absence, bef ore any ot her member of t he
board of elect ion inspect ors present , or in case no one is present , t hey shall t ake it bef ore any
vot er. The oat hs shall be sent immediat ely t o t he cit y or municipal t reasurer. (Sec. 157, 1971
EC)
SECTION 166. Qualif icat ion of members of t he board of elect ion inspect ors. No person shall
be appoint ed chairman, member or subst it ut e member of t he board of elect ion inspect ors
unless he is of good moral charact er and irreproachable reput at ion, a regist ered vot er of t he
cit y or municipalit y, has never been convict ed of any elect ion of f ense or of any ot her crime
punishable by more t han six mont hs of imprisonment , or if he has pending against him an
inf ormat ion f or any elect ion of f ense. He must be able t o speak and writ e English or t he local
dialect . (Sec. 114, 1978 EC)
SECTION 167. Disqualif icat ion. No person shall serve as chairman or member of t he board of
elect ion inspect ors if he is relat ed wit hin t he f ourt h civil degree of consanguinit y or af f init y t o
any member of t he board of elect ion inspect ors or t o any candidat e t o be vot ed f or in t he
polling place or his spouse. (Sec. 115, 1978 EC)
SECTION 168. Powers of t he board of elect ion inspect ors. The board of elect ion inspect ors
shall have t he f ollowing powers and f unct ions:
a. Conduct t he vot ing and count ing of vot es in t heir respect ive polling places;
b. Act as deput ies of t he Commission in t he supervision and cont rol of t he elect ion in t he
polling places wherein t hey are assigned, t o assure t he holding of t he same in a f ree, orderly
and honest manner; and
c. Perf orm such ot her f unct ions prescribed by t his Code or by t he rules and regulat ions
promulgat ed by t he Commission. (Sec. 116, 1978 EC)
SECTION 169. Vot ing privilege of members of board of elect ion inspect ors. Members of t he
board of elect ion inspect ors and t heir subst it ut es may vot e in t he polling place where t hey are
assigned on elect ion day: Provided, That t hey are regist ered vot ers wit hin t he province, cit y or
municipalit y where t hey are assigned: and Provided, f inally, That t heir vot ing in t he polling places
where t hey are not regist ered vot ers be not ed in t he minut es of t he board of elect ion
inspect ors. (Sec. 117, 1978 EC, wit h modif icat ions)
SECTION 170. Relief and subst it ut ion of members of t he board of elect ion inspect ors. Public
school t eachers who are members of t he board of elect ion inspect ors shall not be relieved nor
disqualif ied f rom act ing as such members, except f or cause and af t er due hearing.
Any member of t he board of elect ion inspect ors, nominat ed by a polit ical part y, as well as his
subst it ut e may at any t ime be relieved f rom of f ice and subst it ut ed wit h anot her having t he legal
qualif icat ions upon pet it ion of t he aut horized represent at ive of t he part y upon whose
nominat ion t he appoint ment was made, and it shall be unlawf ul t o prevent said person f rom, or
dist urb him in, t he perf ormance of t he dut ies of t he said of f ice. A record of each case of
subst it ut ion shall be made, set t ing f ort h t herein t he hour in which t he replaced member has
ceased in t he of f ice and t he st at us of t he work of t he board of elect ion inspect ors. Said record
shall be signed by each member of t he board of elect ion inspect ors including t he incoming and
out going of f icers. (Sec. 145, 1971 EC)
SECTION 171. Vacancy in t he board of elect ion inspect ors. Every vacancy in t he board of
elect ion inspect ors shall be f illed f or t he remaining period in t he manner hereinbef ore
prescribed. (Sec. 146, 1971 EC)
SECTION 172. Proceedings of t he board of elect ion inspect ors. The meet ings of t he board of
elect ion inspect ors shall be public and shall be held only in t he polling place aut horized by t he
Commission.
The board of elect ion inspect ors shall have f ull aut horit y t o maint ain order wit hin t he polling
place and it s premises, t o keep access t heret o open and unobst ruct ed, and t o enf orce
obedience t o it s lawf ul orders. If any person shall ref use t o obey lawf ul orders of t he board of
elect ion inspect ors, or shall conduct himself in a disorderly manner in it s presence or wit hin it s
hearing and t hereby int errupt or dist urb it s proceedings, t he board of elect ion inspect ors may
issue an order in writ ing direct ing any peace of f icer t o t ake such person int o cust ody unt il t he
adjournment of t he meet ing, but such order shall not be execut ed as t o prevent any person so
t aken int o cust ody f rom exercising his right t o vot e. Such order shall be execut ed by any peace
of f icer t o whom it may be delivered, but if none be present , by any ot her person deput ized by
t he board of elect ion inspect ors in writ ing. (Sec. 158, 1971 EC)
SECTION 173. Prohibit ion of polit ical act ivit y. No member of t he board of elect ion inspect ors
shall engage in any part isan polit ical act ivit y or t ake part in t he elect ion except t o discharge his
dut ies as such and t o vot e. (Sec. 152, 1971 EC)
SECTION 174. Funct ioning of t he board of elect ion inspect ors. The board of elect ion
inspect ors shall act t hrough it s chairman, and shall decide wit hout delay by majorit y vot e all
quest ions which may arise in t he perf ormance of it s dut ies. (Sec. 153, second sent ence, 1971
EC)
SECTION 175. Temporary vacancies. If , at t he t ime of t he meet ing of t he board of elect ion
inspect ors, any member is absent , or t he of f ice is st ill vacant , t he members present shall call
upon t he subst it ut e or t he absent members t o perf orm t he dut ies of t he lat t er; and, in case
such subst it ut e cannot be f ound, t he members present shall appoint any non-part isan
regist ered vot er of t he polling place t o t emporarily f ill said vacancy unt il t he absent member
appears or t he vacancy is f illed. In case t here are t wo or more members present , t hey shall act
joint ly: Provided, That if t he absent member is one who has been proposed by an accredit ed
polit ical part y, t he represent at ive of said polit ical part y or in his absence t he wat chers belonging
t o said part y shall designat e a regist ered vot er of t he polling place t o t emporarily f ill said
vacancy: Provided, f urt her, That in t he event or ref usal or f ailure of eit her represent at ive or
wat chers of said polit ical part y t o make t he designat ion, t he members of t he board of elect ion
inspect ors present shall choose a non-part isan regist ered vot er of t he polling place t o f ill t he
vacancy. (Sec. 154, 1971 EC)
SECTION 176. Temporary designat ion of members of t he board of elect ion inspect ors by
wat chers. If at t he t ime t he board of elect ion inspect ors must meet , all t he posit ions in t he
board of elect ion inspect ors are vacant , or if not one of t he appoint ed members shall appear,
t he wat chers present may designat e vot ers of t he polling place t o act in t he place of said
members unt il t he absent ees shall appear or t he vacancies are f illed. (Sec. 156, 1971 EC; Sec.
127, 1978 EC)
SECTION 177. Arrest of absent members. The member or members of t he board of elect ion
inspect ors present may order t he arrest of any ot her member or subst it ut e t hereof , who in t heir
judgment , has absent ed himself wit h int ent ion of obst ruct ing t he perf ormance of dut ies of t he
board of elect ion inspect ors. (Sec. 126, 1978 EC)
ARTICLE XV
Wat chers
SECTION 178. Of f icial wat chers of candidat es. Every regist ered polit ical part y, coalit ion of
polit ical part ies and every independent candidat e shall each be ent it led t o one wat cher in every
polling place.
No person shall be appoint ed wat cher unless he is a qualif ied vot er of t he cit y or municipalit y,
of good reput at ion and shall not have been convict ed by f inal judgment of any elect ion of f ense
or of any ot her crime, must know how t o read and writ e Pilipino, English, Spanish or any of t he
prevailing local dialect s, and not relat ed wit hin t he f ourt h civil degree of consanguinit y or af f init y
t o t he chairman or any member of t he board of elect ion inspect ors in t he polling place where he
seeks appoint ment as a wat cher.
Each candidat e, polit ical part y or coalit ion of polit ical part ies shall designat e in every province,
highly urbanized cit y or dist rict in t he Met ropolit an Manila area, a represent at ive aut horized t o
appoint wat chers, f urnishing t he provincial elect ion supervisor or t he cit y elect ion regist rar, as
t he case may be, t he names of such represent at ives. The provincial elect ion supervisors shall
f urnish t he municipal elect ion regist rars and elect ion regist rars of component cit ies wit h t he list
of such represent at ives.
In t he case of Met ropolit an Manila, t he designat ion of t he persons aut horized t o appoint
wat chers shall be f iled wit h t he Commission, which shall f urnish t he list of such represent at ives
t o t he respect ive cit y and municipal elect ion regist rars. (Sec. 26, BP 697, wit h amendment s)
SECTION 179. Right s and dut ies of wat chers. Upon ent ering t he polling place, t he wat chers
shall present and deliver t o t he chairman of t he board of elect ion inspect ors his appoint ment ,
and f ort hwit h, his name shall be recorded in t he minut es wit h a not at ion under his signat ure
t hat he is not disqualif ied under t he second paragraph of Sect ion 178. The appoint ment s of
t he wat chers shall bear t he personal signat ure or t he f acsimile signat ure of t he candidat e or
t he duly aut horized represent at ives of t he polit ical part y or coalit ion of polit ical part ies who
appoint ed him or of organizat ions aut horized by t he Commission under Sect ion 180. The
wat chers shall have t he right t o st ay in t he space reserved f or t hem inside t he polling place.
They shall have t he right t o wit ness and inf orm t hemselves of t he proceedings of t he board of
elect ion inspect ors, including it s proceedings during t he regist rat ion of vot ers, t o t ake not es of
what t hey may see or hear, t o t ake phot ographs of t he proceedings and incident s, if any,
during t he count ing of vot es, as well as of elect ion ret urns, t ally boards and ballot boxes, t o f ile
a prot est against any irregularit y or violat ion of law which t hey believe may have been
commit t ed by t he board of elect ion inspect ors or by any of it s members or by any persons, t o
obt ain f rom t he board of elect ion inspect ors a cert if icat e as t o t he f iling of such prot est and/or
of t he resolut ion t hereon, t o read t he ballot s af t er t hey shall have been read by t he chairman,
as well as t he elect ion ret urns af t er t hey shall have been complet ed and signed by t he members
of t he board of elect ion inspect ors wit hout t ouching t hem, but t hey shall not speak t o any
member of t he board of elect ion inspect ors, or t o any vot er, or among t hemselves, in such a
manner as would dist ract t he proceedings, and t o be f urnished wit h a cert if icat e of t he number
of vot es in words and f igures cast f or each candidat e, duly signed and t humbmarked by t he
chairman and all t he members of t he board of elect ion inspect ors. Ref usal of t he chairman and
t he members of t he board of elect ion inspect ors t o sign and f urnish such cert if icat e shall
const it ut e an elect ion of f ense and shall be penalized under t his Code. (Sec. 28, BP 697)
SECTION 180. Ot her wat chers. The duly accredit ed cit izens arm of t he Commission shall be
ent it led t o appoint a wat cher in every polling place. Ot her civic, religious, prof essional, business,
service, yout h and any ot her similar organizat ions, wit h prior aut horit y of t he Commission, shall
be ent it led collect ively t o appoint one wat cher in every polling place. (Sec. 27, BP 697 wit h
amendment s)
ARTICLE XVI
Of f icial Ballot s and Elect ion Ret urns
SECTION 181. Of f icial ballot s. Ballot s f or nat ional and local of f ices shall be of unif orm size
and color and shall be provided at public expense. They shall be print ed on paper wit h
wat ermarks or ot her marks t hat will readily dist inguish t he ballot paper f rom ordinary paper.
Each ballot shall be in t he shape of a st rip wit h st ub and det achable coupon cont aining t he
serial number of t he ballot , and a space f or t he t humbmark of t he vot er on t he det achable
coupon. It shall bear at t he t op on t he middle port ion t hereof t he coat of arms of t he Republic
of t he Philippines, t he words Of f icial Ballot , t he name of t he cit y or t he municipalit y and
province in which t he elect ion is held, t he dat e of t he elect ion, and t he f ollowing not ice: Fill out
t his ballot secret ly inside t he vot ing boot h. Do not put any dist inct ive mark on any part of t his
ballot .
The ballot shall also cont ain t he names of all t he of f ices t o be vot ed f or in t he elect ion,
allowing opposit e t he name of each of f ice, suf f icient space or spaces wit h horizont al lines
where t he vot er may writ e t he name or names of t he individual candidat es vot ed f or by him.
There shall not be anyt hing on t he reverse side of t he ballot .
Ballot s in cit ies and municipalit ies where Arabic is of general use shall have each of t he t it les of
of f ices t o be vot ed print ed in Arabic in addit ion t o and immediat ely below t he English t it le.
Not wit hst anding t he preceding provisions of t his sect ion, t he Commission is hereby
empowered t o prescribe a dif f erent f orm of ballot t o f acilit at e vot ing by illit erat e vot ers and t o
use or adopt t he lat est t echnological and elect ronic devices as aut horized under paragraph (i)
of Sect ion 52 hereof . (Sec. 128, 1978 EC, wit h modif icat ion)
SECTION 182. Emergency ballot s. No ballot s ot her t han t he of f icial ballot s shall be used or
count ed, except in t he event of f ailure t o receive t he of f icial ballot s on t ime, or where t here are
no suf f icient ballot s f or all regist ered vot ers or where t hey are dest royed at such t ime as shall
render it impossible t o provide ot her of f icial ballot s, in which cases t he cit y or municipal
t reasurer shall provide ot her ballot s which shall be as similar t o t he of f icial ones as
circumst ances will permit and which shall be unif orm wit hin each polling place. The t reasurer
shall immediat ely report such act ion t o t he Commission.
The municipal t reasurer shall not undert ake t he preparat ion of t he emergency ballot s unless
t he polit ical part ies, candidat es and t he organizat ions collect ively aut horized by t he
Commission t o designat e wat chers have been suf f icient ly not if ied t o send t heir represent at ives
and have agreed in writ ing t o t he preparat ion and use of emergency ballot s. (Sec. 130, 1978 EC;
Sec. 30, BP 697)
SECTION 183. Requisit ion of of f icial ballot s and elect ion ret urns. Of f icial ballot s and elect ion
ret urns shall be print ed upon orders of t he Commission. Requisit ion of of f icial ballot s shall be
f or each cit y and municipalit y, at t he rat e of one and one-f if t h ballot s f or every regist ered vot er
in t he next preceding elect ion; and f or elect ion ret urns, at one set t hereof f or every polling
place. (Sec. 166, 1971 EC; Sec. 31, BP 697)
SECTION 184. Print ing of of f icial ballot s and elect ion ret urns. The of f icial ballot s and elect ion
ret urns shall be print ed by t he Government Print ing Of f ice and/or t he Cent ral Bank print ing
f acilit ies exclusively, under t he exclusive supervision and cont rol of t he Commission which shall
det ermine and provide t he necessary securit y measures in t he print ing, st orage and dist ribut ion
t hereof .
Each ballot shall be joined by a perf orat ed line t o a st ub numbered consecut ively, beginning
wit h number 1 in each cit y and municipalit y. Each ballot shall also have at t he bot t om a
det achable coupon bearing t he same number of t he st ub. Each pad of ballot s shall bear on it s
cover t he name of t he cit y or municipalit y in which t he ballot s are t o be used and t he inclusive
serial numbers of t he ballot s cont ained t herein.
The of f icial ballot s shall be bound in separat e pads of f if t y or one hundred ballot s each as may
be required.
The elect ion ret urns shall be prepared in set s of six copies per set and shall be numbered
consecut ively, beginning wit h number 1 in each cit y and municipalit y. Each set of t he elect ion
ret urns shall be print ed in such a manner t hat will ensure t hat t he ent ries on t he original of t he
ret urns are clearly reproduced on t he ot her copies t hereof and shall bear t he name of t he cit y
or municipalit y in which t he ret urns are t o be used. For t his purpose, t he Commission shall
acquire, if necessary, a special kind of carbon paper or chemically t reat ed paper. (Sec. 163, 1971
EC; Sec. 129, 1978 EC, wit h modif icat ions)
SECTION 185. Of f icial Sample Ballot s. The Commission shall provide t he board of elect ion
inspect ors wit h of f icial sample ballot s at t he rat e of t hirt y (30) ballot s per polling place. The
of f icial sample ballot s shall be print ed on colored paper, in all respect s like t he of f icial ballot s
but bearing inst ead t he words Of f icial Sample Ballot t o be shown t o t he public and used in
demonst rat ing how t o f ill out and f old t he of f icial ballot s properly. No name of any act ual
candidat e shall be writ t en on t he spaces f or vot ing on t he of f icial sample ballot s provided by
t he Commission, nor shall t hey be used f or vot ing.
At least t hirt y (30) days bef ore an elect ion, it shall be t he dut y of t he Commission on Elect ions
t o f urnish every regist ered vot er t hrough regist ered mail wit h ret urn card, personal service wit h
corresponding receipt t o be signed by t he vot er or any person who knows t he vot er, or any
ot her pract icable means wit h an unf illed of f icial sample ballot , vot er inf ormat ion sheet , and a
list of all regist ered nat ional, provincial and cit y candidat es t o be vot ed in t he said elect ion. The
inf ormat ion sheet shall include t he vot ers name, address, t he precinct and t he place where he
is regist ered, and simplif ied inst ruct ions as t o t he cast ing of vot es. The names of t he
candidat es shall be list ed in alphabet ical order under t heir respect ive part y af f iliat ion and a one-
line st at ement not t o exceed t hree (3) words of t heir occupat ion or prof ession: Provided,
however, That in t he print ing of t he names of t he candidat es f or nat ional of f ices, t he
alphabet ical order shall be democrat ized so t hat t he list ed names shall be made in t hree (3)
columns: t he f irst column shall commence wit h t he let t er A and end wit h t he let t er Z; t he
second column shall commence wit h t he let t ers I-Z and t hereaf t er A-H and t he t hird
column shall commence wit h t he let t ers Q-Z and t hereaf t er A-P. These inf ormat ion may be
cont ained in a single sheet or booklet f orm, and t he number and locat ion of t he vot ers polling
place shall be prominent ly indicat ed t herein. Persons nominat ed under t he part y-list syst em
likewise be included in t he abovement ioned list .
SECTION 186. Dist ribut ion of of f icial ballot s and elect ion ret urns. The of f icial ballot s and t he
elect ion ret urns shall be dist ribut ed by t he Commission t o each cit y and municipalit y at t he rat e
of one and one-f if t h ballot s f or every vot er regist ered in each polling place; and f or elect ion
ret urns, at t he rat e of one set each f or every polling place.
The provincial, cit y or municipal t reasurer shall respect ively keep a record of t he quant it y and
serial numbers of of f icial ballot s and elect ion ret urns f urnished t he various provinces, cit ies,
municipalit ies and polling places, as t he case may be, legible copies of which record shall be
f urnished t he duly aut horized provincial, cit y or municipal represent at ives of t he ruling part y and
t he dominant opposit ion part y, and t he Commission immediat ely af t er t he dist ribut ion is made
of such of f icial ballot s and elect ion ret urns.
The Commission shall prescribe t he use of of f icial delivery receipt s t o be signed by t he elect ion
regist rar and t he chairman of t he board of canvassers upon receipt of t he elect ion ret urns.
No of f icial ballot s or elect ion ret urns shall be delivered t o t he board of elect ion inspect ors
earlier t han t he f irst hour of elect ion day: Provided, however, That t he Commission, af t er
writ t en not ice t o t he regist ered polit ical part ies and t he candidat es, may, f or just if iable reasons,
aut horize t he delivery of said of f icial ballot s and elect ion ret urns t o t he board of elect ion
inspect ors of any part icular polling place at an earlier dat e. (Sec. 31, BP 697)
SECTION 187. Commit t ee on print ing, st orage, and dist ribut ion of of f icial ballot s and elect ion
ret urns. The Commission shall appoint a commit t ee of f ive members, t wo of whom shall be
f rom among it s personnel, t he t hird t o be designat ed by t he Commission on Audit , and t he last
t wo t o be designat ed by t he ruling part y and t he dominant opposit ion part y t o act as it s
represent at ives in supervising t he print ing, st orage and dist ribut ion of of f icial ballot s and
elect ion ret urns.
Upon t he request of any candidat e, polit ical part y or of civic, religious, prof essional, business,
service, yout h or any similar organizat ions collect ively designat ed by t he Commission, t he lat t er
shall allow any person designat ed by any of t he f ormer as wat cher t o observe t he proceedings
of t he commit t ee on t he print ing of of f icial ballot s and elect ion ret urns, f ile object ions, if any,
wit ness t he print ing and dist ribut ion of t he ballot s and t he ret urns and guard t he premises of
t he print er. (Sec. 32, BP 697, wit h modif icat ions)
SECTION 188. Dut ies of t he commit t ee on print ing of of f icial ballot s and elect ion ret urns.
Under such orders or inst ruct ions as t he Commission may issue, and in addit ion t o general
supervision and cont rol over t he print ing and shipment of of f icial ballot s and elect ion ret urns,
t he commit t ee on print ing of of f icial ballot s and elect ion ret urns shall (a) t ake charge of t he
room or rooms where t he paper and paraphernalia used in t he print ing of of f icial ballot s and
elect ion ret urns are st ored and where print ed of f icial ballot s and elect ion ret urns are packed
and prepared f or shipment , (b) supervise all aspect s relat ing t o t he print ing, st orage and
shipment of of f icial ballot s and elect ion ret urns and report t o t he Commission any irregularit y
which t hey believe may have been commit t ed, and (c) perf orm such ot her relat ed f unct ions as
t he Commission may direct . (Sec. 32, BP 697)
SECTION 189. Represent at ives of t he regist ered polit ical part ies in t he verif icat ion and
dist ribut ion of of f icial ballot s and elect ion ret urns. The ruling part y and t he dominant
opposit ion part y or t heir respect ive duly aut horized represent at ives in t he dif f erent provinces,
cit ies and municipalit ies, shall submit t he names of t heir respect ive wat chers who, t oget her wit h
t he represent at ives of t he Commission and t he provincial, cit y and municipal t reasurer shall
verif y t he cont ent s of t he boxes cont aining t he shipment of of f icial ballot s, elect ion ret urns and
sample of f icial ballot s received by t he said t reasurers. The provincial t reasurers shall keep a
record of t heir receipt and dist ribut ion t o each municipal t reasurer, while t he cit y and municipal
t reasurer shall each keep a record of t heir dist ribut ion t o t he board of elect ion inspect ors. (Sec.
34, BP 697, wit h modif icat ions)
ARTICLE XVII
Cast ing of Vot es
SECTION 190. Vot ing hours. The cast ing of vot es shall st art at seven oclock in t he morning
and shall end at t hree oclock in t he af t ernoon, except when t here are vot ers present wit hin
t hirt y met ers in f ront of t he polling place who have not yet cast t heir vot es, in which case t he
vot ing shall cont inue but only t o allow said vot ers t o cast t heir vot es wit hout int errupt ion. The
poll clerk shall, wit hout delay, prepare a complet e list cont aining t he names of said vot ers
consecut ively numbered, and t he vot ers so list ed shall be called t o vot e by announcing each
name repeat edly t hree t imes in t he order in which t hey are list ed. Any vot er in t he list who is not
present when his name is called out shall not be permit t ed t o vot e. (Sec. 35, BP 697)
SECTION 191. Preliminaries t o t he vot ing. (a) The board of elect ion inspect ors shall meet at
t he polling place at six-t hirt y oclock in t he morning of elect ion day and shall have t he book of
vot ers cont aining all t he approved applicat ions of regist rat ion of vot ers pert aining t o t he polling
place, t he cert if ied list of vot ers, t he cert if ied list of candidat es, t he ballot box, t he of f icial
ballot s, suf f icient indelible pencils or ball pens f or t he use of t he vot ers, t he f orms t o be used,
and all ot her mat erials which may be necessary.
(b) Immediat ely t hereaf t er, t he chairman of t he board of elect ion inspect ors shall open t he
ballot box, empt y bot h of it s compart ment s, exhibit t hem t o all t hose present and being empt y,
lock it s int erior covers wit h t hree padlocks.
(c) The chairman shall f ort hwit h show t o t he public and t he wat chers present t he package of
of f icial ballot s received f rom t he cit y, or municipal t reasurer duly wrapped and sealed and t he
number of pads, t he serial numbers and t he t ype f orms of t he ballot s in each pad appearing on
t he cover, and t he book of vot ers duly sealed. The board of elect ion inspect ors shall t hen
break t he seals of t he package of of f icial ballot s and t he book of vot ers. The board of elect ion
inspect ors shall ent er in t he minut es t he f act t hat t he package of ballot s, and t he book of
vot ers were shown t o t he public wit h t heir wrapping and corresponding seals int act and/or if
t hey f ind t hat t he wrapping and seals are broken, such f act must be st at ed in t he minut es as
well as t he number of pads and t he serial numbers of ballot s t hat t hey f ind in t he package.
Ballot s wit h separat ely print ed serial numbers shall be deemed spurious and shall not be ut ilized
by t he board of elect ion inspect ors unless t he Commission represent at ive shall order t heir use
in writ ing, st at ing t he reasons t heref or.
(d) The chairman and t he t wo part y members of t he board of elect ion inspect ors shall ret ain in
t heir possession t heir respect ive keys t o t he padlocks during t he vot ing.
(e) The box shall remain locked unt il t he vot ing is f inished and t he count ing begins. However, if
it should become necessary t o make room f or more ballot s, t he board of elect ion inspect ors
may open t he box in t he presence of t he whole board of elect ion inspect ors and t he wat chers,
and t he chairman shall press down wit h his hands t he ballot s cont ained t herein wit hout
removing any of t hem, af t er which t he board of elect ion inspect ors shall close t he box and lock
it wit h t hree padlocks as hereinbef ore provided. (Sec. 136, 1978 EC)
SECTION 192. Persons allowed in and around t he polling place. During t he vot ing, no person
shall be allowed inside t he polling place, except t he members of t he board of elect ion
inspect ors, t he wat chers, t he represent at ives of t he Commission, t he vot ers cast ing t heir
vot es, t he vot ers wait ing f or t heir t urn t o get inside t he boot hs whose number shall not exceed
t wice t he number of boot hs and t he vot ers wait ing f or t heir t urn t o cast t heir vot es whose
number shall not exceed t went y at any one t ime. The wat chers shall st ay only in t he space
reserved f or t hem, it being illegal f or t hem t o ent er places reserved f or t he vot ers or f or t he
board of elect ion inspect ors or t o mingle and t alk wit h t he vot ers wit hin t he polling place.
It shall be unlawf ul f or any of f icer or member of t he Armed Forces of t he Philippines including
t he Philippine Const abulary or t he Int egrat ed Nat ional Police or peace of f icer or any armed
person belonging t o any ext ra-legal police agency, special f orces, react ion f orces, st rike f orces,
home def ense unit s, barangay t anod, or ot her similar f orces or para-milit ary f orces, including
special f orces, securit y guards, special policemen, and all ot her kinds of armed or unarmed
ext ra-legal police of f icers, t o ent er any polling place, unless it is his polling place where he will
vot e but in such case he should immediat ely leave t he polling place, and wit hin a radius of f if t y
met ers f rom such polling place ,no policeman or peace of f icer shall be allowed t o ent er or st ay
inside t he polling place except when t here is an act ual dist urbance of t he peace and order
t herein. However, t he board of elect ion inspect ors upon majorit y vot e, if it deems necessary,
may make a call in writ ing, duly ent ered in t he minut es, f or t he det ail of a policeman or any
peace of f icer f or t heir prot ect ion or f or t he prot ect ion of t he elect ion document s and
paraphernalia, in which case, t he said policeman or peace of f icer shall st ay out side t he polling
place wit hin a radius of t hirt y met ers near enough t o be easily called by t he board of elect ion
inspect ors at any t ime, but never at t he door, and in no case shall t he said policeman or peace
of f icer hold any conversat ion wit h any vot er or dist urb or prevent or in any manner obst ruct t he
f ree access of t he vot ers t o t he polling place. It shall likewise be unlawf ul f or any barangay
of f icial t o ent er and st ay inside any polling place except t o vot e or except when serving as a
wat cher or member of t he board of elect ion inspect ors, in which case, he shall leave t he polling
place immediat ely af t er vot ing. (1978 EC; Sec. 137 & Sec. 36 BP 697)
SECTION 193. Order of vot ing. The vot ers shall vot e in t he order of t heir ent rance int o t he
polling place. The vot ers shall have t he right t o f reely ent er t he polling place as soon as t hey
arrive unless t here are vot ers wait ing inside, in which case t hey shall f all in line in t he order of
t heir arrival and shall not crowd around t he t able of t he board of elect ion inspect ors. The
vot ers af t er having cast t heir vot es shall immediat ely depart . (Sec. 138, 1978 EC)
SECTION 194. Manner of obt aining ballot s. The vot er shall approach t he chairman and shall
give his name and address t oget her wit h ot her dat a concerning his person. In case any member
of t he board of elect ion inspect ors doubt s t he ident it y of t he vot er, t he board of elect ion
inspect ors shall check his vot ers ident if icat ion card or, if he does not have any, t he board of
elect ion inspect ors shall ref er t o his phot ograph and signat ure in t he vot ers applicat ion f or
regist rat ion. If t he board of elect ion inspect ors is sat isf ied wit h his ident it y, t he chairman shall
dist inct ly announce t he vot ers name in a t one loud enough t o be plainly heard t hroughout t he
polling place. If such vot er has not been challenged, or if having been challenged, t he quest ion
has been decided in his f avor, t he vot er shall f ort hwit h af f ix his signat ure in t he proper space in
t he vot ing record, and t he chairman shall, af t er f irst ent ering t he number of t he ballot in t he
corresponding space of t he vot ing record, deliver t o t he vot er one ballot correct ly f olded. No
person ot her t han t he chairman shall deliver of f icial ballot s nor shall more t han one ballot be
delivered at one t ime. (Sec. 139, 1978 EC)
SECTION 195. Manner of preparing t he ballot . The vot er, upon receiving his f olded ballot ,
shall f ort hwit h proceed t o one of t he empt y vot ing boot hs and shall t here f ill his ballot by
writ ing in t he proper space f or each of f ice t he name of t he individual candidat e f or whom he
desires t o vot e.
No vot er shall be allowed t o ent er a boot h occupied by anot her, nor ent er t he same
accompanied by somebody, except as provided f or in t he succeeding sect ion hereof , nor st ay
t herein f or a longer t ime t han necessary, nor speak wit h anyone ot her t han as herein provided
while inside t he polling place. It shall be unlawf ul t o prepare t he ballot out side t he vot ing boot h,
or t o exhibit it s cont ent s t o any person, or t o erase any print ing f rom t he ballot , or t o
int ent ionally t ear or def ace t he same or put t hereon any dist inguishing mark. It shall likewise be
unlawf ul t o use carbon paper, paraf f in paper, or ot her means f or making a copy of t he
cont ent s of t he ballot or make use of any ot her means t o ident if y t he vot e of t he vot er. (Sec.
140, 1978 EC)
SECTION 196. Preparat ion of ballot s f or illit erat e and disabled persons. A vot er who is
illit erat e or physically unable t o prepare t he ballot by himself may be assist ed in t he preparat ion
of his ballot by a relat ive, by af f init y or consanguinit y wit hin t he f ourt h civil degree or if he has
none, by any person of his conf idence who belong t o t he same household or any member of
t he board of elect ion inspect ors, except t he t wo part y members: Provided, That no vot er shall
be allowed t o vot e as illit erat e or physically disabled unless it is so indicat ed in his regist rat ion
record: Provided, f urt her, That in no case shall an assist or assist more t han t hree t imes except
t he non-part y members of t he board of elect ion inspect ors. The person t hus chosen shall
prepare t he ballot f or t he illit erat e or disabled vot er inside t he vot ing boot h. The person
assist ing shall bind himself in a f ormal document under oat h t o f ill out t he ballot st rict ly in
accordance wit h t he inst ruct ions of t he vot er and not t o reveal t he cont ent s of t he ballot
prepared by him. Violat ion of t his provision shall const it ut e an elect ion of f ense. (Sec. 141, 1978
EC)
SECTION 197. Spoiled ballot s. If a vot er should accident ally spoil or def ace a ballot in such a
way t hat it cannot lawf ully be used, he shall surrender if f olded t o t he chairman who shall not e
in t he corresponding space in t he vot ing record t hat said ballot is spoiled. The vot er shall t hen
be ent it led t o anot her ballot which t he chairman shall give him af t er announcing t he serial
number of t he second ballot and recording said serial number in t he corresponding spaces in
t he vot ing record. If t he second ballot is again spoiled or def aced in such a way t hat it cannot
lawf ully be used, t he same shall be surrendered t o t he chairman and recorded in t he same
manner as t he f irst spoiled or def aced ballot . However, no vot er shall change his ballot more
t han t wice.
The spoiled ballot shall, wit hout being unf olded and wit hout removing t he det achable coupon,
be dist inct ly marked wit h t he word spoiled and signed by t he board of elect ion inspect ors on
t he indorsement f old t hereof and immediat ely placed in t he compart ment f or spoiled ballot s.
(Sec. 142, 1978 EC)
SECTION 198. Vot ing. (a) Af t er t he vot er has f illed his ballot he shall f old it in t he same
manner as when he received it and ret urn it t o t he chairman.
(b) In t he presence of all t he members of t he board of elect ion inspect ors, he shall af f ix his
t humbmark on t he corresponding space in t he coupon, and deliver t he f olded ballot t o t he
chairman.
(c) The chairman, in t he presence and view of t he vot er and all t he members of t he board of
elect ion inspect ors, wit hout unf olding t he ballot or seeing it s cont ent s, shall verif y it s number
f rom t he vot ing record where it was previously ent ered.
(d) The vot er shall f ort hwit h af f ix his t humbmark by t he side of his signat ure in t he space
int ended f or t hat purpose in t he vot ing record and t he chairman shall apply silver nit rat e and
commassie blue on t he right f oref inger nail or on any ot her available f inger nail, if t here be no
f oref inger nail.
(e) The chairman shall sign in t he proper space beside t he t humbmark of t he vot er.
(f )The chairman, af t er f inding everyt hing t o be in order, shall t hen det ach t he coupon in t he
presence of t he board of elect ion inspect ors and of t he vot er and shall deposit t he f olded
ballot in t he compart ment f or valid ballot s, and t he det ached coupon in t he compart ment f or
spoiled ballot s.
(g)The vot er shall t hen depart .
Any ballot ret urned t o t he chairman whose det achable coupon has been removed not in t he
presence of t he board of elect ion inspect ors and of t he vot er, or any ballot whose number
does not coincide wit h t he number of t he ballot delivered t o t he vot er, as ent ered in t he vot ing
record, shall be considered as spoiled and shall be so marked and signed by t he members of t he
board of elect ion inspect ors. (Sec. 143, 1978 EC)
SECTION 199. Challenge of illegal vot ers. (a) Any vot er, or wat cher may challenge any person
of f ering t o vot e f or not being regist ered, f or using t he name of anot her or suf f ering f rom
exist ing disqualif icat ion. In such case, t he board of elect ion inspect ors shall sat isf y it self as t o
whet her or not t he ground f or t he challenge is t rue by requiring proof of regist rat ion or t he
ident it y of t he vot er; and
(b) No vot er shall be required t o present his vot ers af f idavit on elect ion day unless his ident it y
is challenged. His f ailure or inabilit y t o produce his vot ers af f idavit upon being challenged, shall
not preclude him f rom vot ing if his ident it y be shown f rom t he phot ograph, f ingerprint s, or
specimen signat ures in his approved applicat ion in t he book of vot ers or if he is ident if ied under
oat h by a member of t he board of elect ion inspect ors and such ident if icat ion shall be ref lect ed
in t he minut es of t he board.
SECTION 200. Challenge based on cert ain illegal act s. Any vot er or wat cher may challenge
any vot er of f ering t o vot e on t he ground t hat t he challenged person has received or expect s t o
receive, has paid, of f ered or promised t o pay, has cont ribut ed, of f ered or promised t o
cont ribut e money or anyt hing of value as considerat ion f or his vot e or f or t he vot e of anot her;
t hat he has made or received a promise t o inf luence t he giving or wit hholding of any such vot e
or t hat he has made a bet or is int erest ed direct ly or indirect ly in a bet which depends upon t he
result of t he elect ion. The challenged person shall t ake a prescribed oat h bef ore t he board of
elect ion inspect ors t hat he has not commit t ed any of t he act s alleged in t he challenge. Upon
t he t aking of such oat h, t he challenge shall be dismissed and t he challenged vot er shall be
allowed t o vot e, but in case of his ref usal t o t ake such oat h, t he challenge shall be sust ained
and he shall not be allowed t o vot e. (Sec. 145, 1978 EC)
SECTION 201. Admission of challenged vot e immat erial in criminal proceedings. The
admission of t he challenged vot e under t he t wo preceding sect ions shall not be conclusive
upon any court as t o t he legalit y of t he regist rat ion of t he vot er challenged or his vot e in a
criminal act ion against such person f or illegal regist rat ion or vot ing. (Sec. 146, 1978 EC)
SECTION 202. Record of challenges and oat hs. The poll clerk shall keep a prescribed record
of challenges and oat hs t aken in connect ion t herewit h and t he resolut ion of t he board of
elect ion inspect ors in each case and, upon t he t erminat ion of t he vot ing, shall cert if y t hat it
cont ains all t he challenges made. The original of t his record shall be at t ached t o t he original
copy of t he minut es of t he vot ing as provided in t he succeeding sect ion. (Sec. 147, 1978 EC)
SECTION 203. Minut es of vot ing and count ing of vot es. The board of elect ion inspect ors
shall prepare and sign a st at ement in f our copies set t ing f ort h t he f ollowing:
1. The t ime t he vot ing commenced and ended;
2. The serial numbers of t he of f icial ballot s and elect ion ret urns, special envelopes and seals
received;
3. The number of of f icial ballot s used and t he number lef t unused;
4. The number of vot ers who cast t heir vot es;
5. The number of vot ers challenged during t he vot ing;
6. The names of t he wat chers present ;
7. The t ime t he count ing of vot es commenced and ended;
8. The number of of f icial ballot s f ound inside t he compart ment f or valid ballot s;
9. The number of valid ballot s, if any, ret rieved f rom t he compart ment f or spoiled ballot s;
10. The number of ballot s, if any, f ound f olded t oget her;
11. The number of spoiled ballot s wit hdrawn f rom t he compart ment f or valid ballot s;
12. The number of excess ballot s;
13. The number of marked ballot s;
14. The number of ballot s read and count ed;
15. The t ime t he elect ion ret urns were signed and sealed in t heir respect ive special envelopes;
16. The number and nat ure of prot est s made by wat chers; and
17. Such ot her mat t ers t hat t he Commission may require.
Copies of t his st at ement af t er being duly accomplished shall be sealed in separat e envelopes
and shall be dist ribut ed as f ollows: (a) t he original t o t he cit y or municipal elect ion regist rar; (b)
t he second copy t o be deposit ed inside t he compart ment f or valid ballot s of t he ballot box; and
(c) t he t hird and f ourt h copies t o t he represent at ives of t he accredit ed polit ical part ies. (Sec.
148, 1978 EC)
SECTION 204. Disposit ion of unused ballot s at t he close of t he vot ing hours. The chairman
of t he board of elect ion inspect ors shall prepare a list showing t he number of unused ballot s
t oget her wit h t he serial numbers. This list shall be signed by all t he members of t he board of
elect ion inspect ors, af t er which all t he unused ballot s shall be t orn half way in t he presence of
t he members of t he board of elect ion inspect ors.
SECTION 205. Prohibit ion of premat ure announcement of vot ing. No member of t he board of
elect ion inspect ors shall, bef ore t he t erminat ion of t he vot ing, make any announcement as t o
whet her a cert ain regist ered vot er has already vot ed or not , as t o how many have already
vot ed or how many so f ar have f ailed t o vot e, or any ot her f act t ending t o show or showing
t he st at e of t he polls, nor shall he make any st at ement at any t ime, except as wit ness bef ore a
court , as t o how any person vot ed. (Sec. 149, 1978 EC)
ARTICLE XVIII
Count ing of Vot es
SECTION 206. Count ing t o be public and wit hout int errupt ion. As soon as t he vot ing is
f inished, t he board of elect ion inspect ors shall publicly count in t he polling place t he vot es cast
and ascert ain t he result s. The Board may rearrange t he physical set up of t he polling place f or
t he count ing or perf orm any ot her act ivit y wit h respect t o t he t ransit ion f rom vot ing count ing.
However, it may do so only in t he presence of t he wat chers and wit hin close view of t he public.
At all t imes, t he ballot boxes and all elect ion document s and paraphernalia shall be wit hin close
view of t he wat chers and t he public.
The board of elect ion inspect ors shall not adjourn or post pone or delay t he count unt il it has
been f ully complet ed, unless ot herwise ordered by t he Commission.
The Commission, in t he int erest of f ree, orderly, and honest elect ions, may aut horize t he board
of elect ion inspect ors t o count t he vot es and t o accomplish t he elect ion ret urns and ot her
f orms prescribed under t his Code in any ot her place wit hin a public building in t he same
municipalit y or cit y on account of imminent danger of widespread violence or similar causes of
comparable magnit ude: Provided, That t he t ransf er shall have been recommended in writ ing by
t he board of elect ion inspect ors by unanimous vot e and endorsed in writ ing by t he majorit y of
wat chers present : Provided, f urt her, That t he said public building shall not be locat ed wit hin t he
perimet er of or inside a milit ary or police camp, reservat ion, headquart ers, det achment or f ield
of f ice nor wit hin t he premises of a prison or det ent ion bureau or any law enf orcement or
invest igat ion agency.
Any violat ion of t his sect ion, or it s pert inent port ion, shall const it ut e an elect ion of f ense and
shall be penalized in accordance wit h Bat as Pambansa Blg. 881.
SECTION 207. Excess ballot s. Bef ore proceeding t o count t he vot es t he board of elect ion
inspect ors shall count t he ballot s in t he compart ment f or valid ballot s wit hout unf olding t hem
or exposing t heir cont ent s, except so f ar as t o ascert ain t hat each ballot is single, and compare
t he number of ballot s in t he box wit h t he number of vot ers who have vot ed. If t here are excess
ballot s, t hey shall be ret urned in t he box and t horoughly mixed t herein, and t he poll clerk,
wit hout seeing t he ballot s and wit h his back t o t he box, shall publicly draw out as many ballot s
as may be equal t o t he excess and wit hout unf olding t hem, place t hem in an envelope which
shall be marked excess ballot s and which shall be sealed and signed by t he members of t he
board of elect ion inspect ors. The envelope shall be placed in t he compart ment f or valid ballot s,
but it s cont ent s shall not be read in t he count ing of vot es. If in t he course of t he examinat ion
ballot s are f ound f olded t oget her bef ore t hey were deposit ed in t he box, t hey shall be placed in
t he envelope f or excess ballot s. In case ballot s wit h t heir det achable coupons be f ound in t he
box, such coupons shall be removed and deposit ed in t he compart ment f or spoiled ballot s, and
t he ballot s shall be included in t he f ile of valid ballot s. If ballot s wit h t he words spoiled be
f ound in t he box, such ballot s shall likewise be placed in t he compart ment f or spoiled ballot s.
(Sec. 151, 1978 EC)
SECTION 208. Marked ballot s. The board of elect ion inspect ors shall t hen unf old t he ballot s
and det ermine whet her t here are any marked ballot s, and, if any be f ound, t hey shall be placed
in an envelope labelled marked ballot s which shall be sealed and signed by t he members of t he
board of elect ion inspect ors and placed in t he compart ment f or valid ballot s and shall not be
count ed. A majorit y vot e of t he board of elect ion inspect ors shall be suf f icient t o det ermine
whet her any ballot is marked or not . Non-of f icial ballot s which t he board of elect ion inspect ors
may f ind, except t hose which have been used as emergency ballot s, shall be considered as
marked ballot s. (Sec. 152, 1978 EC)
SECTION 209. Compart ment f or spoiled ballot s. The ballot s deposit ed in t he compart ment
f or spoiled ballot s shall be presumed t o be spoiled ballot s, whet her or not t hey cont ain such
not at ion; but if t he board of elect ion inspect ors should f ind t hat during t he vot ing any valid
ballot was erroneously deposit ed in t his compart ment , or if any ballot separat ed as excess or
marked had been erroneously deposit ed t herein, t he board of elect ion inspect ors shall open
said compart ment af t er t he vot ing and bef ore t he count ing of vot es f or t he sole purpose of
drawing out t he ballot s erroneously deposit ed t herein. It shall t hen prepare and sign a
st at ement of such f act and lock t he box wit h it s t hree keys immediat ely t hereaf t er. The valid
ballot s so wit hdrawn shall be mixed wit h t he ot her valid ballot s, and t he excess or marked
ballot s shall be placed in t heir proper envelopes which shall f or such purposes be opened and
again labelled, sealed, signed and kept as hereinaf t er provided. (Sec. 153, 1978 EC)
SECTION 210. Manner of count ing vot es. The count ing of vot es shall be made in t he
f ollowing manner: t he board of elect ion inspect ors shall unf old t he ballot s and f orm separat e
piles of one hundred ballot s each, which shall be held t oget her wit h rubber bands, wit h
cardboard of t he size of t he ballot s t o serve as f olders. The chairman of t he board of elect ion
inspect ors shall t ake t he ballot s of t he f irst pile one by one and read t he names of candidat es
vot ed f or and t he of f ices f or which t hey were vot ed in t he order in which t hey appear t hereon,
assuming such a posit ion as t o enable all of t he wat chers t o read such names. The chairman
shall sign and af f ix his right hand t humbmark at t he back of t he ballot immediat ely af t er it is
count ed. The poll clerk, and t he t hird member, respect ively, shall record on t he elect ion ret urns
and t he t ally board or sheet each vot e as t he names vot ed f or each of f ice are read.
Each vot e shall be recorded by a vert ical line, except every f if t h vot e which shall be recorded by
a diagonal line crossing t he previous f our vert ical lines. One part y member shall see t o it t hat
t he chairman reads t he vot e as writ t en on t he ballot , and t he ot her shall check t he recording of
t he vot es on t he t ally board or sheet and t he elect ion ret urns seeing t o it t hat t he same are
correct ly accomplished. Af t er f inishing t he f irst pile of ballot s, t he board of elect ion inspect ors
shall det ermine t he t ot al number of vot es recorded f or each candidat e, t he sum being not ed on
t he t ally board or sheet and on t he elect ion ret urns. In case of discrepancy such recount as may
be necessary shall be made. The ballot s shall t hen be grouped t oget her again as bef ore t he
reading. Thereaf t er, t he same procedure shall be f ollowed wit h t he second pile of ballot s and
so on successively. Af t er all t he ballot s have been read, t he board of elect ion inspect ors shall
sum up t he t ot als recorded f or each candidat e, and t he aggregat e sum shall be recorded bot h
on t he t ally board or sheet and on t he elect ion ret urns. It shall t hen place t he count ed ballot s in
an envelope provided f or t he purpose, which shall be closed, signed and deposit ed in t he
compart ment f or valid ballot s. The t ally board or sheet as accomplished and cert if ied by t he
board of elect ion inspect ors shall not be changed or dest royed but shall be kept in t he
compart ment f or valid ballot s (Sec. 154, 1978 EC)
SECTION 211. Rules f or t he appreciat ion of ballot s. In t he reading and appreciat ion of ballot s,
every ballot shall be presumed t o be valid unless t here is clear and good reason t o just if y it s
reject ion. The board of elect ion inspect ors shall observe t he f ollowing rules, bearing in mind
t hat t he object of t he elect ion is t o obt ain t he expression of t he vot ers will:
1. Where only t he f irst name of a candidat e or only his surname is writ t en, t he vot e f or such
candidat e is valid, if t here is no ot her candidat e wit h t he same f irst name or surname f or t he
same of f ice.
2. Where only t he f irst name of a candidat e is writ t en on t he ballot , which when read, has a
sound similar t o t he surname of anot her candidat e, t he vot e shall be count ed in f avor of t he
candidat e wit h such surname. If t here are t wo or more candidat es wit h t he same f ull name, f irst
name or surname and one of t hem is t he incumbent , and on t he ballot is writ t en only such f ull
name, f irst name or surname, t he vot e shall be count ed in f avor of t he incumbent .
3. In case t he candidat e is a woman who uses her maiden or married surname or bot h and t here
is anot her candidat e wit h t he same surname, a ballot bearing only such surname shall be
count ed in f avor of t he candidat e who is an incumbent .
4. When t wo or more words are writ t en on t he same line on t he ballot , all of which are t he
surnames of t wo or more candidat es, t he same shall not be count ed f or any of t hem, unless
one is a surname of an incumbent who has served f or at least one year in which case it shall be
count ed in f avor of t he lat t er.
When t wo or more words are writ t en on dif f erent lines on t he ballot all of which are t he
surnames of t wo or more candidat es bearing t he same surname f or an of f ice f or which t he law
aut horizes t he elect ion of more t han one and t here are t he same number of such surnames
writ t en as t here are candidat es wit h t hat surname, t he vot e shall be count ed in f avor of all t he
candidat es bearing t he surname.
5. When on t he ballot is writ t en a single word which is t he f irst name of a candidat e and which is
at t he same t ime t he surname of his opponent , t he vot e shall be count ed in f avor of t he lat t er.
6. When t wo words are writ t en on t he ballot , one of which is t he f irst name of t he candidat e
and t he ot her is t he surname of his opponent , t he vot e shall not be count ed f or eit her.
7. A name or surname incorrect ly writ t en which, when read, has a sound similar t o t he name or
surname of a candidat e when correct ly writ t en shall be count ed in his f avor;
8. When a name of a candidat e appears in a space of t he ballot f or an of f ice f or which he is a
candidat e and in anot her space f or which he is not a candidat e, it shall be count ed in his f avor
f or t he of f ice f or which he is a candidat e and t he vot e f or t he of f ice f or which he is not a
candidat e shall be considered as st ray, except when it is used as a means t o ident if y t he vot er,
in which case, t he whole ballot shall be void.
If t he word or words writ t en on t he appropriat e blank on t he ballot is t he ident ical name or
surname or f ull name, as t he case may be, of t wo or more candidat es f or t he same of f ice none
of whom is an incumbent , t he vot e shall be count ed in f avor of t hat candidat e t o whose t icket
belong all t he ot her candidat es vot ed f or in t he same ballot f or t he same const it uency.
9. When in a space in t he ballot t here appears a name of a candidat e t hat is erased and
anot her clearly writ t en, t he vot e is valid f or t he lat t er.
10. The erroneous init ial of t he f irst name which accompanies t he correct surname of a
candidat e, t he erroneous init ial of t he surname accompanying t he correct f irst name of a
candidat e, or t he erroneous middle init ial of t he candidat e shall not annul t he vot e in f avor of
t he lat t er.
11. The f act t hat t here exist s anot her person who is not a candidat e wit h t he f irst name or
surname of a candidat e shall not prevent t he adjudicat ion of t he vot e of t he lat t er.
12. Ballot s which cont ain pref ixes such as Sir., Mr., Dat u, Don, Ginoo, Hon., Gob. or
suf f ixes like Hijo, Jr., Segundo, are valid.
13. The use of t he nicknames and appellat ions of af f ect ion and f riendship, if accompanied by
t he f irst name or surname of t he candidat e, does not annul such vot e, except when t hey were
used as a means t o ident if y t he vot er, in which case t he whole ballot is invalid: Provided, That if
t he nickname used is unaccompanied by t he name or surname of a candidat e and it is t he one
by which he is generally or popularly known in t he localit y, t he name shall be count ed in f avor of
said candidat e, if t here is no ot her candidat e f or t he same of f ice wit h t he same nickname.
14. Any vot e cont aining init ials only or which is illegible or which does not suf f icient ly ident if y
t he candidat e f or whom it is int ended shall be considered as a st ray vot e but shall not invalidat e
t he whole ballot .
15. If on t he ballot is correct ly writ t en t he f irst name of a candidat e but wit h a dif f erent
surname, or t he surname of t he candidat e is correct ly writ t en but wit h dif f erent f irst name, t he
vot e shall not be count ed in f avor of any candidat e having such f irst name and/or surname but
t he ballot shall be considered valid f or ot her candidat es.
16. Any ballot writ t en wit h crayon, lead pencil, or in ink, wholly or in part , shall be valid.
17. Where t here are t wo or more candidat es vot ed f or in an of f ice f or which t he law aut horizes
t he elect ion of only one, t he vot e shall not be count ed in f avor of any of t hem, but t his shall
not af f ect t he validit y of t he ot her vot es t herein.
18. If t he candidat es vot ed f or exceed t he number of t hose t o be elect ed, t he ballot is valid, but
t he vot es shall be count ed only in f avor of t he candidat es whose names were f irst ly writ t en by
t he vot er wit hin t he spaces provided f or said of f ice in t he ballot unt il t he aut horized number is
covered.
19. Any vot e in f avor of a person who has not f iled a cert if icat e of candidacy or in f avor of a
candidat e f or an of f ice f or which he did not present himself shall be considered as a st ray vot e
but it shall not invalidat e t he whole ballot .
20. Ballot s cont aining t he name of a candidat e print ed and past ed on a blank space of t he
ballot or af f ixed t heret o t hrough any mechanical process are t ot ally null and void.
21. Circles, crosses or lines put on t he spaces on which t he vot er has not vot ed shall be
considered as signs t o indicat e his desist ance f rom vot ing and shall not invalidat e t he ballot .
22. Unless it should clearly appear t hat t hey have been deliberat ely put by t he vot er t o serve as
ident if icat ion marks, commas, dot s, lines, or hyphens bet ween t he f irst name and surname of a
candidat e, or in ot her part s of t he ballot , t races of t he let t er T, J, and ot her similar ones, t he
f irst let t ers or syllables of names which t he vot er does not cont inue, t he use of t wo or more
kinds of writ ing and unint ent ional or accident al f lourishes, st rokes, or st rains, shall not
invalidat e t he ballot .
23. Any ballot which clearly appears t o have been f illed by t wo dist inct persons bef ore it was
deposit ed in t he ballot box during t he vot ing is t ot ally null and void.
24. Any vot e cast in f avor of a candidat e who has been disqualif ied by f inal judgment shall be
considered as st ray and shall not be count ed but it shall not invalidat e t he ballot .
25. Ballot s wholly writ t en in Arabic in localit ies where it is of general use are valid. To read t hem,
t he board of elect ion inspect ors may employ an int erpret er who shall t ake an oat h t hat he shall
read t he vot es correct ly.
26. The accident al t earing or perf orat ion of a ballot does not annul it .
27. Failure t o remove t he det achable coupon f rom a ballot does not annul such ballot .
28. A vot e f or t he President shall also be a vot e f or t he Vice-President running under t he same
t icket of a polit ical part y, unless t he vot er vot es f or a Vice-President who does not belong t o
such part y. (Sec. 155, 1978 EC)
SECTION 212. Elect ion ret urns. The board of elect ion inspect ors shall prepare t he elect ion
ret urns simult aneously wit h t he count ing of t he vot es in t he polling place as prescribed in
Sect ion 210 hereof . The ret urn shall be prepared in sext uplicat e. The recording of vot es shall be
made as prescribed in said sect ion. The ent ry of vot es in words and f igures f or each candidat e
shall be closed wit h t he signat ure and t he clear imprint of t he t humbmark of t he right hand of all
t he members, likewise t o be af f ixed in f ull view of t he public, immediat ely af t er t he last vot e
recorded or immediat ely af t er t he name of t he candidat e who did not receive any vot e.
The ret urns shall also show t he dat e of t he elect ion, t he polling place, t he barangay and t he
cit y of municipalit y in which it was held, t he t ot al number of ballot s f ound in t he compart ment
f or valid ballot s, t he t ot al number of valid ballot s wit hdrawn f rom t he compart ment f or spoiled
ballot s because t hey were erroneously placed t herein, t he t ot al number of excess ballot s, t he
t ot al number of marked or void ballot s, and t he t ot al number of vot es obt ained by each
candidat e, writ ing out t he said number in words and f igures and, at t he end t hereof , t he board
of elect ion inspect ors shall cert if y t hat t he cont ent s are correct . The ret urns shall be
accomplished in a single sheet of paper, but if t his is not possible, addit ional sheet s may be
used which shall be prepared in t he same manner as t he f irst sheet and likewise cert if ied by t he
board of elect ion inspect ors.
The Commission shall t ake st eps so t hat t he ent ries on t he f irst copy of t he elect ion ret urns
are clearly reproduced on t he second, t hird, f ourt h, f if t h, and sixt h copies t hereof , and f or t his
purpose t he Commission shall use a special kind of paper.
Immediat ely upon t he accomplishment of t he elect ion ret urn f or nat ional posit ions, t he poll
clerk shall announce t he post ing of t he second copy of t he elect ion ret urn on a wall wit h
suf f icient light ing wit hin t he premises of t he polling place or count ing cent er. He shall t hen
proceed t o do t he same in t he presence of t he ot her members of t he Board, t he wat chers and
t hose present in t he polling place or count ing cent er. Wit hout delay and, when f easible, he shall
secure an image of t he elect ion ret urn using a secured dat a capt uring device and immediat ely
t hereaf t er, while in t he premises of t he polling place or count ing cent er, direct ly print t hirt y (30)
copies of t he elect ion ret urn. Once t he print s have been produced, t he poll clerk shall call t he
ot her members of t he board t o aut hent icat e each print copy by closely comparing t he same
wit h t he elect ion ret urn post ed on t he wall in t he presence of t he wat chers and wit hin view of
t he public. If t he Board f inds each print a f ait hf ul reproduct ion of t he elect ion ret urn, all
members t hereof shall annot at e and sign a cert if icat ion t o t hat ef f ect on t he bot t om f ront of
t he print .
Each cert if ied print ed copy shall be placed in an envelope and dist ribut ed as herein provided.
Designat ed recipient s of t he cert if ied print copies may receive t heir copies at t he polling place
or count ing cent er.
Immediat ely upon t he accomplishment of t he elect ion ret urns f or local posit ions, t he second
copy of t he same shall be post ed on a wall wit h suf f icient light ing wit hin t he premises of t he
polling place.
The ot her copies of elect ion ret urns f or bot h nat ional and local posit ions shall be sealed in t he
presence of t he wat chers and t he public, and placed in t he proper envelope, which shall likewise
be sealed and dist ribut ed as herein provided.
Any elect ion ret urn wit h a separat ely print ed serial number or which bears a dif f erent serial
number f rom t hat assigned t o t he part icular polling place concerned shall not be canvassed.
This is t o be det ermined by t he board of canvassers prior t o it s canvassing on t he basis of t he
cert if icat ion of t he provincial, cit y or municipal t reasurer as t o t he serial number of t he elect ion
ret urn assigned t o t he said vot ing precinct , unless t he Commission shall order in writ ing f or it s
canvassing, st at ing t he reason f or t he variance in serial numbers.
If t he signat ures and/or t humbmarks of t he members of t he board of elect ion inspect ors or
some of t hem as required in t his provision are missing in t he elect ion ret urns, t he board of
canvassers may summon t he members of t he board of elect ion inspect ors concerned t o
complet e t he ret urns.
The cit izens arm is mandat ed t o present f or perusal it s copy of t he elect ion ret urn t o t he
board of elect ion canvassers upon t he request of any int erest ed candidat e.
Any violat ion of t his sect ion, or it s pert inent port ion, shall const it ut e an elect ion of f ense and
shall be penalized in accordance wit h Bat as Pambansa Blg. 881.
In addit ion, t he f ollowing shall likewise be guilt y of an elect ion of f ense:
(a) Any person who removes t he elect ion ret urn post ed on t he wall, whet her wit hin or af t er t he
prescribed f ort y-eight (48) hours of post ing, or def aces t he same in any manner;
(b) Any person who simulat es an act ual elect ion ret urn, or a print or digit al copy t hereof ;
(c) Any person who simulat es t he cert if icat ion in a print of an elect ion ret urn;
(d) The chairman or any member of t he board of elect ion inspect ors who, during t he prescribed
period of post ing, removes t he elect ion ret urn f rom t he wall on which it had been post ed ot her
t han f or t he purpose of immediat ely t ransf erring it t o a more suit able place;
(e) The chairman or any member of t he board of elect ion inspect ors who signs or
aut hent icat es a print of t he elect ion ret urn out side of t he polling place; and
(f ) The chairman or any member of t he board of elect ion inspect ors who signs or aut hent icat es
a print which bears an image dif f erent f rom t he elect ion ret urn produced af t er count ing and
post ed on t he wall.
SECTION 213. Proclamat ion of t he result of t he elect ion in t he polling place. Upon t he
complet ion of t he elect ion ret urns, t he chairman of t he board of elect ion inspect ors shall orally
and publicly announce t he t ot al number of vot es received in t he elect ion in t he polling place by
each and every one of t he candidat es, st at ing t heir corresponding of f ice. (Sec. 157, 1978 EC)
SECTION 214. Disposit ion of elect ion ret urns. (1) In a president ial elect ion: t he board of
elect ion inspect ors shall prepare in handwrit ing and sign t he ret urns of t he elect ion in
sext uplicat e in t heir respect ive polling place in a f orm t o be prescribed by t he Commission. One
copy shall be deposit ed in t he compart ment of t he ballot box f or valid ballot s, and in t he case
of municipalit ies t wo copies including t he original copy shall be handed t o t he municipal elect ion
regist rar who shall immediat ely deliver t he original copy t o t he provincial elect ion supervisor and
f orward t he ot her copy t o t he Commission, and one copy each t o t he aut horized
represent at ives of t he accredit ed polit ical part ies. In t he case of t he cit ies, t he cit y regist rar shall
ret ain t he original copy f or submission t o t he provincial elect ion supervisor, and f orward t he
ot her copy t o t he Commission.
(2) In t he elect ion f or Members of t he Bat asang Pambansa: t he original of t he elect ion ret urns
shall be delivered t o t he elect ion regist rar of t he cit y or municipalit y f or t ransmit t al t o t he
chairman of t he provincial board of canvassers, and direct t o t he chairman of t he cit y or dist rict
board of canvassers in t he urbanized cit ies and t he dist rict s of Met ropolit an Manila, as t he case
may be, f or use in t he canvass. The second copy shall likewise be delivered t o t he elect ion
regist rar f or t ransmit t al t o t he Commission. The t hird copy shall be deposit ed in t he
compart ment f or valid ballot s. The f ourt h copy shall be delivered t o t he elect ion regist rar who
shall use said copy in t he t abulat ion of t he advance result s of t he elect ion in t he cit y or
municipalit y. The f if t h and sixt h copies shall each respect ively be delivered t o t he members
represent ing polit ical part ies represent ed in t he board of elect ion inspect ors.
(3) In local elect ions: t he original copy of t he elect ion ret urns shall be delivered t o t he cit y or
municipal board of canvassers as a body f or it s use in t he cit y of municipal canvass. The
second copy shall be delivered t o t he elect ion regist rar of t he cit y or municipalit y f or t ransmit t al
t o t he provincial board of canvassers as a body f or it s use in t he provincial canvass. The t hird
copy shall likewise be delivered t o t he elect ion regist rar f or t ransmit t al t o t he Commission. The
f ourt h copy shall be deposit ed in t he compart ment f or valid ballot s. The f if t h and sixt h copies
shall each respect ively be delivered t o t he members represent ing t he polit ical part ies
represent ed in t he board of elect ion inspect ors.
The Commission shall promulgat e rules f or t he speedy and saf e delivery of t he elect ion ret urns.
(Sec. 158, 1978 EC)
SECTION 215. Board of elect ion inspect ors t o issue a cert if icat e of t he number of vot es polled
by t he candidat es f or an of f ice t o t he wat chers. Af t er t he announcement of t he result s of
t he elect ion and bef ore leaving t he polling place, it shall be t he dut y of t he board of elect ion
inspect ors t o issue a cert if icat e of t he number of t he vot es received by a candidat e upon
request of t he wat chers. All t he members of t he board of elect ion inspect ors shall sign t he
cert if icat e. (Sec. 159, 1978 EC)
SECTION 216. Alt erat ions and correct ions in t he elect ion ret urns. Any correct ion or alt erat ion
made in t he elect ion ret urns by t he board of elect ion inspect ors bef ore t he announcement of
t he result s of t he elect ion in t he polling place shall be duly init ialed by all t he members t hereof .
Af t er t he announcement of t he result s of t he elect ion in t he polling place has been made, t he
board of elect ion inspect ors shall not make any alt erat ion or amendment in any of t he copies
of t he elect ion ret urns, unless so ordered by t he Commission upon pet it ion of t he members of
t he board of elect ion inspect ors wit hin f ive days f rom t he dat e of t he elect ion or t went y-f our
hours f rom t he t ime a copy of t he elect ion ret urns concerned is opened by t he board of
canvassers, whichever is earlier. The pet it ion shall be accompanied by proof of service upon all
candidat es af f ect ed. If t he pet it ion is by all members of t he board of elect ion inspect ors and
t he result s of t he elect ion would not be af f ect ed by said correct ion and none of t he candidat es
af f ect ed object s t heret o, t he Commission, upon being sat isf ied of t he veracit y of t he pet it ion
and of t he error alleged t herein, shall order t he board of elect ion inspect ors t o make t he proper
correct ion on t he elect ion ret urns.
However, if a candidat e af f ect ed by said pet it ion object s t heret o, whet her t he pet it ion is f iled
by all or only a majorit y of t he members of t he board of elect ion inspect ors and t he result s of
t he elect ion would be af f ect ed by t he correct ion sought t o be made, t he Commission shall
proceed summarily t o hear t he pet it ion. If it f inds t he pet it ion merit orious and t here are no
evidence or signs indicat ing t hat t he ident it y and int egrit y of t he ballot box have been violat ed,
t he Commission shall order t he opening of t he ballot box. Af t er sat isf ying it self t hat t he
int egrit y of t he ballot s t herein has also been duly preserved, t he Commission shall order t he
recount ing of t he vot es of t he candidat es af f ect ed and t he proper correct ions made on t he
elect ion ret urns, unless t he correct ion sought is such t hat it can be made wit hout need of
opening t he ballot box. (Sec. 169, 1978 EC)
SECTION 217. Delivery of t he ballot boxes, keys and elect ion supplies and document s. Upon
t he t erminat ion of t he count ing of vot es, t he board of elect ion inspect ors shall place in t he
compart ment f or valid ballot s, t he envelopes f or used ballot s hereinbef ore ref erred t o, t he
unused ballot s, t he t ally board or sheet , a copy of t he elect ion ret urns, and t he minut es of it s
proceedings, and t hen shall lock t he ballot box wit h t hree padlocks and such saf et y devices as
t he Commission may prescribe. Immediat ely af t er t he box is locked, t he t hree keys of t he
padlocks shall be placed in t hree separat e envelopes and shall be sealed and signed by all t he
members of t he board of elect ion inspect ors. The aut horized represent at ives of t he
Commission shall f ort hwit h t ake delivery of said envelopes, signing a receipt t heref or, and
deliver wit hout delay one envelope t o t he provincial t reasurer, anot her t o t he provincial f iscal
and t he ot her t o t he provincial elect ion supervisor.
The ballot box, all supplies of t he board of elect ion inspect ors and all pert inent papers and
document s shall immediat ely be delivered by t he board of elect ion inspect ors and t he wat chers
t o t he cit y or municipal t reasurer who shall keep his of f ice open all night on t he day of elect ion
if necessary f or t his purpose, and shall provide t he necessary f acilit ies f or said delivery at t he
expense of t he cit y or municipalit y. The book of vot ers shall be ret urned t o t he elect ion
regist rar who shall keep it under his cust ody. The t reasurer and t he elect ion regist rar, as t he
case may be, shall on t he day af t er t he elect ion require t he members of t he board of elect ion
inspect ors who f ailed t o send t he object s ref erred t o herein t o deliver t he same t o him
immediat ely and acknowledge receipt t hereof in det ail. (Sec. 161, 1978 EC)
SECTION 218. Preservat ion of t he vot ing record. The vot ing record of each polling place shall
be delivered t o t he elect ion regist rar who shall have cust ody of t he same, keeping t hem in a
saf e place, unt il such t ime t hat t he Commission shall give inst ruct ions on t heir disposit ion. (Sec.
43, BP 697)
SECTION 219. Preservat ion of t he ballot boxes, t heir keys and disposit ion of t heir cont ent s.
(a) The provincial elect ion supervisor, t he provincial t reasurer and t he provincial f iscal shall keep
t he envelope cont aining t he keys in t heir possession int act during t he period of t hree mont hs
f ollowing t he elect ion. Upon t he lapse of t his period, unless t he Commission has ordered
ot herwise, t he provincial elect ion supervisor and t he provincial f iscal shall deliver t o t he
provincial t reasurer t he envelope cont aining t he keys under t heir cust ody.
(b) The cit y and municipal t reasurer shall keep t he ballot boxes under t heir responsibilit y f or
t hree mont hs and st ored unopened in a secure place, unless t he Commission orders ot herwise
whenever said ballot boxes are needed in any polit ical exercise which might be called wit hin t he
said period, provided t hese are not involved in any elect ion cont est or of f icial invest igat ion, or
t he Commission or ot her compet ent aut horit y shall demand t hem sooner or shall order t heir
preservat ion f or a longer t ime in connect ion wit h any pending cont est or invest igat ion.
However, upon showing by any candidat e t hat t he boxes will be in danger of being violat ed if
kept in t he possession of such of f icials, t he Commission may order t hem kept by any ot her
of f icial whom it may designat e. Upon t he lapse of said t ime and if t here should be no order t o
t he cont rary, t he Commission may aut horize t he cit y and municipal t reasurer in t he presence of
it s represent at ive t o open t he boxes and burn t heir cont ent s, except t he copy of t he minut es
of t he vot ing and t he elect ion ret urns deposit ed t herein which t hey shall t ake and keep.
(c) In case of calamit y or f ort uit ous event such as f ire, f lood, st orm, or ot her similar calamit ies
which may act ually cause damage t o t he ballot boxes and/or t heir cont ent s, t he Commission
may aut horize t he opening of said ballot boxes t o salvage t he ballot s and ot her cont ent s by
placing t hem in ot her ballot boxes, t aking such ot her precaut ionary measures as may be
necessary t o preserve such document s. (Sec. 162, 1978 EC)
SECTION 220. Document s and art icles omit t ed or erroneously placed inside t he ballot box. If
af t er t he delivery of t he keys of t he ballot box t o t he proper aut horit ies, t he board of elect ion
inspect ors shall discover t hat some document s or art icles required t o be placed in t he ballot
box were not placed t herein, t he board of elect ion inspect ors, inst ead of opening t he ballot box
in order t o place t herein said document s or art icles, shall deliver t he same t o t he Commission or
it s duly aut horized represent at ives. In no inst ance shall t he ballot box be reopened t o place
t herein or t ake out t heref rom any document or art icle except t o ret rieve copies of t he elect ion
ret urns which will be needed in any canvass and in such except ed inst ances, t he members of
t he board of elect ion inspect ors and wat chers of t he candidat es shall be not if ied of t he t ime
and place of t he opening of said ballot box: Provided, however, That if t here are ot her copies
of t he elect ion ret urns out side of t he ballot box which can be used in canvass, such copies of
t he elect ion ret urns shall be used in said canvass and t he opening of t he ballot box t o ret rieve
copies of t he elect ion ret urns placed t herein shall t hen be dispensed wit h. (Sec. 163, 1978 EC)
ARTICLE XIX
Canvass and Proclamat ion
SECTION 221. Board of canvassers. There shall be a board of canvassers f or each province,
cit y, municipalit y, and dist rict of Met ropolit an Manila as f ollows:
(a) Provincial board of canvassers. t he provincial board of canvassers shall be composed of
t he provincial elect ion supervisor or a senior lawyer in t he regional of f ice of t he Commission, as
chairman, t he provincial f iscal, as vice-chairman, and t he provincial superint endent of schools,
and one represent at ive f rom each of t he ruling part y and t he dominant opposit ion polit ical
part y in t he const it uency concerned ent it led t o be represent ed, as members.
(b) Cit y board of canvassers. t he cit y board of canvassers shall be composed of t he cit y
elect ion regist rar or a lawyer of t he Commission, as chairman, t he cit y f iscal and t he cit y
superint endent of schools, and one represent at ive f rom each of t he ruling part y and t he
dominant opposit ion polit ical part y ent it led t o be represent ed, as members.
(c) Dist rict board of canvassers of Met ropolit an Manila. t he dist rict board of canvassers shall
be composed of a lawyer of t he Commission, as chairman, and a ranking f iscal in t he dist rict
and t he most senior dist rict school supervisor in t he dist rict t o be appoint ed upon consult at ion
wit h t he Minist ry of Just ice and t he Minist ry of Educat ion, Cult ure and Sport s, respect ively, and
one represent at ive f rom each of t he ruling part y and t he dominant opposit ion polit ical part y in
t he const it uency concerned, as members.
(d) Municipal board of canvassers. t he municipal board of canvassers shall be composed of
t he elect ion regist rar or a represent at ive of t he Commission, as chairman, t he municipal
t reasurer, and t he dist rict supervisor or in his absence any public school principal in t he
municipalit y and one represent at ive f rom each of t he ruling part y and t he dominant opposit ion
polit ical part y ent it led t o be represent ed, as members.
(e) Board of canvassers f or newly creat ed polit ical subdivisions. t he Commission shall
const it ut e a board of canvassers and appoint t he members t hereof f or t he f irst elect ion in a
newly creat ed province, cit y or municipalit y in case t he of f icials who shall act as members
t hereof have not yet assumed t heir dut ies and f unct ions. (Sec. 44, BP 697)
SECTION 222. Relat ionship wit h candidat es and ot her members. The chairman and t he
members of t he board of canvassers shall not be relat ed wit hin t he f ourt h civil degree of
consanguinit y or af f init y t o any of t he candidat es whose vot es will be canvassed by said board,
or t o any member of t he same board. (Sec. 164, 2nd par. 1978 EC)
SECTION 223. Prohibit ion against leaving of f icial st at ion. During t he period beginning elect ion
day unt il t he proclamat ion of t he winning candidat es, no member or subst it ut e member of t he
dif f erent boards of canvassers shall be t ransf erred, assigned or det ailed out side of his of f icial
st at ion, nor shall he leave said st at ion wit hout prior aut horit y of t he Commission. (Sec. 165,
1978 EC)
SECTION 224. Feigned illness. Any member of t he board of canvassers f eigning illness in
order t o be subst it ut ed on elect ion day unt il t he proclamat ion of t he winning candidat es shall
be guilt y of an elect ion of f ense.
SECTION 225. Vot e required. A majorit y vot e of all t he members of t he board of canvassers
shall be necessary t o render a decision. (Sec. 166, 1978 EC)
SECTION 226. Incapacit y and subst it ut ion of members of boards of canvassers. In case of
non-availabilit y, absence, disqualif icat ion due t o relat ionship, or incapacit y f or any cause of t he
chairman, t he Commission shall designat e t he provincial or cit y f iscal t o act as chairman.
Likewise, in case of non-availabilit y, absence, disqualif icat ion due t o relat ionship, or incapacit y
f or any cause, of such designee, t he next ranking provincial or cit y f iscal shall be designat ed by
t he Commission and such designat ion shall pass t o t he next in rank unt il t he designee qualif ies.
Wit h respect t o t he ot her members of t he board of canvassers, t he Commission shall appoint
as subst it ut e t he provincial, cit y or municipal of f icers of ot her government agencies in t he
province, cit y or municipalit y, as t he case may be, and wit h respect t o t he represent at ives of
t he accredit ed polit ical part ies, t he Commission shall appoint as subst it ut es t hose nominat ed
by t he said polit ical part ies. (Sec. 167, 1978 EC)
SECTION 227. Supervision and cont rol over board of canvassers. The Commission shall have
direct cont rol and supervision over t he board of canvassers.
Any member of t he board of canvassers may, at any t ime, be relieved f or cause and
subst it ut ed mot u proprio by t he Commission. (Sec. 168, 1978 EC)
SECTION 228. Not ice of meet ing of t he board. At least f ive days bef ore t he meet ing of t he
board, t he chairman of t he board shall give not ice t o all members t hereof and t o each
candidat e and polit ical part y of t he dat e, t ime and place of t he meet ing. (New)
SECTION 229. Manner of delivery and t ransmit t al of elect ion ret urns. (a) For t he cit y and
municipal board of canvassers, t he copy of t he elect ion ret urns of a polling place int ended f or
t he cit y or municipal board of canvassers, duly placed inside a sealed envelope signed and
af f ixed wit h t he imprint of t he t humb of t he right hand of all t he members of t he board of
elect ion inspect ors, shall be personally delivered by t he members of t he board of elect ion
inspect ors t o t he cit y or municipal board of canvassers under proper receipt t o be signed by all
t he members t hereof .
(b) For t he provincial and dist rict boards of canvassers in Met ropolit an Manila, t he copy of t he
elect ion ret urns of a polling place int ended f or t he provincial or dist rict board of canvassers in
t he case of Met ropolit an Manila, shall be personally delivered by t he members of t he board of
elect ion inspect ors t o t he elect ion regist rar f or t ransmit t al t o t he proper board of canvassers
under proper receipt t o be signed by all t he members t hereof .
The elect ion regist rar concerned shall place all t he ret urns int ended f or t he board of canvassers
inside a ballot box provided wit h t hree padlocks whose keys shall be kept as f ollows: one by t he
elect ion regist rar, anot her by t he represent at ive of t he ruling part y and t he t hird by t he
represent at ive of t he dominant polit ical opposit ion part y.
For t his purpose, t he t wo polit ical part ies shall designat e t heir represent at ives whose names
shall be submit t ed t o t he elect ion regist rar concerned on or bef ore t he t ent h day preceding t he
elect ion. The t hree in possession of t he keys shall personally t ransmit t he ballot box, properly
locked, cont aining t he elect ion ret urns t o t he board of canvassers. Wat chers of polit ical part ies,
coalit ion of polit ical part ies, and of organizat ions collect ively aut horized by t he Commission t o
designat e wat chers shall have t he right t o accompany t ransmit t al of t he ballot boxes
cont aining t he elect ion ret urns.
It shall be unlawf ul f or any person t o delay, obst ruct , impede or prevent t hrough f orce, violence,
coercion, int imidat ion or by any means which vit iat es consent , t he t ransmit t al of t he elect ion
ret urns or t o t ake away, abscond wit h, dest roy, def ace or mut ilat e or subst it ut e t he elect ion
ret urns or t he envelope or t he ballot box cont aining t he elect ion ret urns or t o violat e t he right
of t he wat chers.
The wat chers of t he polit ical part ies, coalit ion of polit ical part ies and t he candidat es shall have
t he right t o accompany t he members of t he board of elect ion inspect ors or t he elect ion
regist rar in making t he delivery t o t he boards of canvassers. (Sec. 42, BP 697)
SECTION 230. Saf ekeeping of t ransmit t ed elect ion ret urns. The board of canvassers shall
keep t he ballot boxes cont aining t he elect ion ret urns in a saf e and secure room bef ore and
af t er t he canvass. The door t o t he room must be padlocked by t hree locks wit h t he keys
t hereof kept as f ollows: one wit h t he chairman, t he ot her wit h t he represent at ive of t he ruling
part y, and t he ot her wit h t he represent at ive of t he dominant opposit ion polit ical part y. The
wat chers of candidat es, polit ical part ies, coalit ion of polit ical part ies and organizat ion
collect ively aut horized by t he Commission t o appoint wat chers shall have t he right t o guard t he
room. Violat ion of t his right shall const it ut e an elect ion of f ense.
SECTION 231. Canvass by t he board. The board of canvassers shall meet not lat er t han six
oclock in t he af t ernoon of elect ion day at t he place designat ed by t he Commission t o receive
t he elect ion ret urns and t o immediat ely canvass t hose t hat may have already been received. It
shall meet cont inuously f rom day t o day unt il t he canvass is complet ed, and may adjourn but
only f or t he purpose of await ing t he ot her elect ion ret urns f rom ot her polling places wit hin it s
jurisdict ion. Each t ime t he board adjourns, it shall make a t ot al of all t he vot es canvassed so f ar
f or each candidat e f or each of f ice, f urnishing t he Commission in Manila by t he f ast est means
of communicat ion a cert if ied copy t hereof , and making available t he dat a cont ained t herein t o
t he mass media and ot her int erest ed part ies. As soon as t he ot her elect ion ret urns are
delivered, t he board shall immediat ely resume canvassing unt il all t he ret urns have been
canvassed.
The respect ive board of canvassers shall prepare a cert if icat e of canvass duly signed and
af f ixed wit h t he imprint of t he t humb of t he right hand of each member, support ed by a
st at ement of t he vot es received by each candidat e in each polling place and, on t he basis
t hereof , shall proclaim as elect ed t he candidat es who obt ained t he highest number of vot es
cast in t he province, cit y, municipalit y or barangay. Failure t o comply wit h t his requirement shall
const it ut e an elect ion of f ense.
Subject t o reasonable except ions, t he board of canvassers must complet e t heir canvass wit hin
t hirt y-six hours in municipalit ies, f ort y-eight hours in cit ies and sevent y-t wo hours in provinces.
Violat ion hereof shall be an elect ion of f ense punishable under Sect ion 264 hereof .
Wit h respect t o t he elect ion f or President and Vice-President , t he provincial and cit y boards of
canvassers shall prepare in quint uplicat e a cert if icat e of canvass support ed by a st at ement of
vot es received by each candidat e in each polling place and t ransmit t he f irst copy t hereof t o
t he Speaker of t he Bat asang Pambansa. The second copy shall be t ransmit t ed t o t he
Commission, t he t hird copy shall be kept by t he provincial elect ion supervisor or cit y elect ion
regist rar; t he f ourt h and t he f if t h copies t o each of t he t wo accredit ed polit ical part ies. (Sec.
169, 1978 EC)
SECTION 232. Persons not allowed inside t he canvassing room. It shall be unlawf ul f or any
of f icer or member of t he Armed Forces of t he Philippines, including t he Philippine Const abulary,
or t he Int egrat ed Nat ional Police or any peace of f icer or any armed or unarmed persons
belonging t o an ext ra-legal police agency, special f orces, react ion f orces, st rike f orces, home
def ense f orces, barangay self -def ense unit s, barangay t anod, or of any member of t he securit y
or police organizat ions of government minist ries, commissions, councils, bureaus, of f ices,
inst rument alit ies, or government -owned or cont rolled corporat ions or t heir subsidiaries or of
any member of a privat ely owned or operat ed securit y, invest igat ive, prot ect ive or int elligence
agency perf orming ident ical or similar f unct ions t o ent er t he room where t he canvassing of t he
elect ion ret urns are held by t he board of canvassers and wit hin a radius of f if t y met ers f rom
such room: Provided, however, That t he board of canvassers by a majorit y vot e, if it deems
necessary, may make a call in writ ing f or t he det ail of policemen or any peace of f icers f or t heir
prot ect ion or f or t he prot ect ion of t he elect ion document s and paraphernalia in t he possession
of t he board, or f or t he maint enance of peace and order, in which case said policemen or peace
of f icers, who shall be in proper unif orm, shall st ay out side t he room wit hin a radius of t hirt y
met ers near enough t o be easily called by t he board of canvassers at any t ime. (New)
SECTION 233. When t he elect ion ret urns are delayed, lost or dest royed. In case it s copy of
t he elect ion ret urns is missing, t he board of canvassers shall, by messenger or ot herwise,
obt ain such missing elect ion ret urns f rom t he board of elect ion inspect ors concerned, or if said
ret urns have been lost or dest royed, t he board of canvassers, upon prior aut horit y of t he
Commission, may use any of t he aut hent ic copies of said elect ion ret urns or a cert if ied copy of
said elect ion ret urns issued by t he Commission, and f ort hwit h direct it s represent at ive t o
invest igat e t he case and immediat ely report t he mat t er t o t he Commission.
The board of canvassers, not wit hst anding t he f act t hat not all t he elect ion ret urns have been
received by it , may t erminat e t he canvass and proclaim t he candidat es elect ed on t he basis of
t he available elect ion ret urns if t he missing elect ion ret urns will not af f ect t he result s of t he
elect ion. (Sec. 171, 1978 EC)
SECTION 234. Mat erial def ect s in t he elect ion ret urns. If it should clearly appear t hat some
requisit es in f orm or dat a had been omit t ed in t he elect ion ret urns, t he board of canvassers
shall call f or all t he members of t he board of elect ion inspect ors concerned by t he most
expedit ious means, f or t he same board t o ef f ect t he correct ion: Provided, That in case of t he
omission in t he elect ion ret urns of t he name of any candidat e and/or his corresponding vot es,
t he board of canvassers shall require t he board of elect ion inspect ors concerned t o complet e
t he necessary dat a in t he elect ion ret urns and af f ix t herein t heir init ials: Provided, f urt her, That
if t he vot es omit t ed in t he ret urns cannot be ascert ained by ot her means except by recount ing
t he ballot s, t he Commission, af t er sat isf ying it self t hat t he ident it y and int egrit y of t he ballot
box have not been violat ed, shall order t he board of elect ion inspect ors t o open t he ballot box,
and, also af t er sat isf ying it self t hat t he int egrit y of t he ballot s t herein has been duly preserved,
order t he board of elect ion inspect ors t o count t he vot es f or t he candidat e whose vot es have
been omit t ed wit h not ice t hereof t o all candidat es f or t he posit ion involved and t hereaf t er
complet e t he ret urns.
The right of a candidat e t o avail of t his provision shall not be lost or af f ect ed by t he f act t hat
an elect ion prot est is subsequent ly f iled by any of t he candidat es. (Sec. 172, 1978 EC)
SECTION 235. When elect ion ret urns appear t o be t ampered wit h or f alsif ied. If t he elect ion
ret urns submit t ed t o t he board of canvassers appear t o be t ampered wit h, alt ered or f alsif ied
af t er t hey have lef t t he hands of t he board of elect ion inspect ors, or ot herwise not aut hent ic,
or were prepared by t he board of elect ion inspect ors under duress, f orce, int imidat ion, or
prepared by persons ot her t han t he member of t he board of elect ion inspect ors, t he board of
canvassers shall use t he ot her copies of said elect ion ret urns and, if necessary, t he copy inside
t he ballot box which upon previous aut horit y given by t he Commission may be ret rieved in
accordance wit h Sect ion 220 hereof . If t he ot her copies of t he ret urns are likewise t ampered
wit h, alt ered, f alsif ied, not aut hent ic, prepared under duress, f orce, int imidat ion, or prepared by
persons ot her t han t he members of t he board of elect ion inspect ors, t he board of canvassers
or any candidat e af f ect ed shall bring t he mat t er t o t he at t ent ion of t he Commission. The
Commission shall t hen, af t er giving not ice t o all candidat es concerned and af t er sat isf ying it self
t hat not hing in t he ballot box indicat e t hat it s ident it y and int egrit y have been violat ed, order
t he opening of t he ballot box and, likewise af t er sat isf ying it self t hat t he int egrit y of t he ballot s
t herein has been duly preserved shall order t he board of elect ion inspect ors t o recount t he
vot es of t he candidat es af f ect ed and prepare a new ret urn which shall t hen be used by t he
board of canvassers as basis of t he canvass. (Sec. 173, 1978 EC)
SECTION 236. Discrepancies in elect ion ret urns. In case it appears t o t he board of canvassers
t hat t here exist s discrepancies in t he ot her aut hent ic copies of t he elect ion ret urns f rom a
polling place or discrepancies in t he vot es of any candidat e in words and f igures in t he same
ret urn, and in eit her case t he dif f erence af f ect s t he result s of t he elect ion, t he Commission,
upon mot ion of t he board of canvassers or any candidat e af f ect ed and af t er due not ice t o all
candidat es concerned, shall proceed summarily t o det ermine whet her t he int egrit y of t he ballot
box had been preserved, and once sat isf ied t hereof shall order t he opening of t he ballot box t o
recount t he vot es cast in t he polling place solely f or t he purpose of det ermining t he t rue result
of t he count of vot es of t he candidat es concerned. (Sec. 174, 1978 EC)
SECTION 237. When int egrit y of ballot s is violat ed. If upon t he opening of t he ballot box as
ordered by t he Commission under Sect ion 234, 235 and 236, hereof , it should appear t hat t here
are evidence or signs of replacement , t ampering or violat ion of t he int egrit y of t he ballot s, t he
Commission shall not recount t he ballot s but shall f ort hwit h seal t he ballot box and order it s
saf ekeeping. (New)
SECTION 238. Canvass of remaining or unquest ioned ret urns t o cont inue. In cases under
Sect ion 233, 234, 235 and 236 hereof , t he board of canvassers shall cont inue t he canvass of
t he remaining or unquest ioned elect ion ret urns. If , af t er t he canvass of all t he said ret urns, it
should be det ermined t hat t he ret urns which have been set aside will af f ect t he result of t he
elect ion, no proclamat ion shall be made except upon orders of t he Commission af t er due
not ice and hearing. Any proclamat ion made in violat ion hereof shall be null and void. (New)
SECTION 239. Wat chers. Each candidat e, polit ical part y or coalit ion of polit ical part ies shall be
ent it led t o appoint one wat cher in t he board of canvassers. The wat cher shall have t he right t o
be present at , and t ake not e of , all t he proceedings of t he board of canvassers, t o read t he
elect ion ret urns wit hout t ouching t hem, t o f ile a prot est against any irregularit y in t he elect ion
ret urns submit t ed, and t o obt ain f rom t he board of canvassers a resolut ion t hereon. (Sec. 176,
1978 EC; Sec. 45, BP 697)
SECTION 240. Elect ion result ing in t ie. Whenever it shall appear f rom t he canvass t hat t wo or
more candidat es have received an equal and highest number of vot es, or in cases where t wo or
more candidat es are t o be elect ed f or t he same posit ion and t wo or more candidat es received
t he same number of vot es f or t he last place in t he number t o be elect ed, t he board of
canvassers, af t er recording t his f act in it s minut es, shall by resolut ion, upon f ive days not ice t o
all t he t ied candidat es, hold a special public meet ing at which t he board of canvassers shall
proceed t o t he drawing of lot s of t he candidat es who have t ied and shall proclaim as elect ed
t he candidat es who may be f avored by luck, and t he candidat es so proclaimed shall have t he
right t o assume of f ice in t he same manner as if he had been elect ed by pluralit y of vot e. The
board of canvassers shall f ort hwit h make a cert if icat e st at ing t he name of t he candidat e who
had been f avored by luck and his proclamat ion on t he basis t hereof .
Not hing in t his sect ion shall be const rued as depriving a candidat e of his right t o cont est t he
elect ion. (Sec. 177, 1978 EC)
ARTICLE XX
Pre-proclamat ion Cont roversies
SECTION 241. Def init ion. A pre-proclamat ion cont roversy ref ers t o any quest ion pert aining t o
or af f ect ing t he proceedings of t he board of canvassers which may be raised by any candidat e
or by any regist ered polit ical part y or coalit ion of polit ical part ies bef ore t he board or direct ly
wit h t he Commission, or any mat t er raised under Sect ions 233, 234, 235 and 236 in relat ion t o
t he preparat ion, t ransmission, receipt , cust ody and appreciat ion of t he elect ion ret urns.
SECTION 242. Commissions exclusive jurisdict ion of all pre-proclamat ion cont roversies. The
Commission shall have exclusive jurisdict ion of all pre-proclamat ion cont roversies. It may mot u
proprio or upon writ t en pet it ion, and af t er due not ice and hearing, order t he part ial or t ot al
suspension of t he proclamat ion of any candidat e-elect or annual part ially or t ot ally any
proclamat ion, if one has been made, as t he evidence shall warrant in accordance wit h t he
succeeding sect ions.
SECTION 243. Issues t hat may be raised in pre-proclamat ion cont roversy. The f ollowing shall
be proper issues t hat may be raised in a pre-proclamat ion cont roversy:
(a) Illegal composit ion or proceedings of t he board of canvassers;
(b) The canvassed elect ion ret urns are incomplet e, cont ain mat erial def ect s, appear t o be
t ampered wit h or f alsif ied, or cont ain discrepancies in t he same ret urns or in ot her aut hent ic
copies t hereof as ment ioned in Sect ion 233, 234, 235 and 236 of t his Code;
(c) The elect ion ret urns were prepared under duress, t hreat s, coercion, or int imidat ion, or t hey
are obviously manuf act ured or not aut hent ic; and
(d) When subst it ut e or f raudulent ret urns in cont rovert ed polling places were canvassed, t he
result s of which mat erially af f ect ed t he st anding of t he aggrieved candidat e or candidat es.
SECTION 244. Cont est ed composit ion or proceedings of t he board. When t he composit ion
or proceedings of t he board of canvassers are cont est ed, t he board of canvassers shall, wit hin
t went y-f our hours, make a ruling t hereon wit h not ice t o t he cont est ant who, if adversely
af f ect ed, may appeal t he mat t er t o t he Commission wit hin f ive days af t er t he ruling wit h proper
not ice t o t he board of canvassers. Af t er due not ice and hearing, t he Commission shall decide
t he case wit hin t en days f rom t he f iling t hereof . During t he pendency of t he case, t he board of
canvassers shall suspend t he canvass unt il t he Commission orders t he cont inuat ion or
resumpt ion t hereof and cit ing t heir reasons or grounds t heref or.
SECTION 245.
SECTION 246. Summary proceedings bef ore t he Commission. All pre-proclamat ion
cont roversies shall be heard summarily by t he Commission af t er due not ice and hearing, and it s
decisions shall be execut ory af t er t he lapse of f ive days f rom receipt by t he losing part y of t he
decision of t he Commission, unless rest rained by t he Supreme Court . (Sec. 55, BP 697)
SECTION 247. Part ial proclamat ion. Not wit hst anding t he pendency of any pre-proclamat ion
cont roversy, t he Commission may, mot u proprio or upon t he f iling of a verif ied pet it ion and
af t er due not ice and hearing, order t he proclamat ion of ot her winning candidat es whose
elect ion will not be af f ect ed by t he out come of t he cont roversy. (Sec. 56, BP 697)
SECTION 248. Ef f ect of f iling pet it ion t o annual or t o suspend t he proclamat ion. The f iling
wit h t he Commission of a pet it ion t o annual or t o suspend t he proclamat ion of any candidat e
shall suspend t he running of t he period wit hin which t o f ile an elect ion prot est or quo warrant o
proceedings.
ARTICLE XXI
Elect ion Cont est s
SECTION 249. Jurisdict ion of t he Commission. The Commission shall be t he sole judge of all
cont est s relat ing t o t he elect ions, ret urns, and qualif icat ions of all Members of t he Bat asang
Pambansa, elect ive regional, provincial and cit y of f icials. (Art . XII-C, Sec. 2(b), Const .; Art . XIV,
Sec. 58, BP 697)
SECTION 250. Elect ion cont est s f or Bat asang Pambansa, regional, provincial and cit y of f ices.
A sworn pet it ion cont est ing t he elect ion of any Member of t he Bat asang Pambansa or any
regional, provincial or cit y of f icial shall be f iled wit h t he Commission by any candidat e who has
duly f iled a cert if icat e of candidacy and has been vot ed f or t he same of f ice, wit hin t en days
af t er t he proclamat ion of t he result s of t he elect ion. (Art . XIV, Sec. 59, BP 697)
SECTION 251. Elect ion cont est s f or municipal of f ices. A sworn pet it ion cont est ing t he
elect ion of a municipal of f icer shall be f iled wit h t he proper regional t rial court by any candidat e
who has duly f iled a cert if icat e of candidacy and has been vot ed f or t he same of f ice, wit hin t en
days af t er proclamat ion of t he result s of t he elect ion. (Art . XVIII, Sec. 190, 1978 EC)
SECTION 252. Elect ion cont est f or barangay of f ices. A sworn pet it ion cont est ing t he elect ion
of a barangay of f icer shall be f iled wit h t he proper municipal or met ropolit an t rial court by any
candidat e who has duly f iled a cert if icat e of candidacy and has been vot ed f or t he same of f ice,
wit hin t en days af t er t he proclamat ion of t he result s of t he elect ion. The t rial court shall decide
t he elect ion prot est wit hin f if t een days af t er t he f iling t hereof . The decision of t he municipal or
met ropolit an t rial court may be appealed wit hin t en days f rom receipt of a copy t hereof by t he
aggrieved part y t o t he regional t rial court which shall decide t he case wit hin t hirt y days f rom it s
submission, and whose decisions shall be f inal. (Art . XVIII, Sec. 191, 1978 EC; Sec. 20, BP 222)
SECTION 253. Pet it ion f or quo warrant o. Any vot er cont est ing t he elect ion of any Member of
t he Bat asang Pambansa, regional, provincial, or cit y of f icer on t he ground of ineligibilit y or of
disloyalt y t o t he Republic of t he Philippines shall f ile a sworn pet it ion f or quo warrant o wit h t he
Commission wit hin t en days af t er t he proclamat ion of t he result s of t he elect ion. (Art . XIV, Sec.
60, BP 697; Art . XVIII, Sec. 189, par. 2, 1978 EC)
Any vot er cont est ing t he elect ion of any municipal or barangay of f icer on t he ground of
ineligibilit y or of disloyalt y t o t he Republic of t he Philippines shall f ile a sworn pet it ion f or quo
warrant o wit h t he regional t rial court or met ropolit an or municipal t rial court , respect ively, wit hin
t en days af t er t he proclamat ion of t he result s of t he elect ion. (Art . XVIII, Sec. 189, par. 2, 1978
EC)
SECTION 254. Procedure in elect ion cont est s. The Commission shall prescribe t he rules t o
govern t he procedure and ot her mat t ers relat ing t o elect ion cont est s pert aining t o all nat ional,
regional, provincial, and cit y of f ices not lat er t han t hirt y days bef ore such elect ions. Such rules
shall provide a simple and inexpensive procedure f or t he expedit ious disposit ion of elect ion
cont est s and shall be published in at least t wo newspapers of general circulat ion. (Art . XVIII,
Sec. 192, 1978 EC; Art . XIV, Sec. 62, BP 697)
However, wit h respect t o elect ion cont est s involving municipal and barangay of f ices t he
f ollowing rules of procedure shall govern:
(a) Not ice of t he prot est cont est ing t he elect ion of a candidat e f or a municipal or barangay
of f ice shall be served upon t he candidat e by means of a summons at t he post al address st at ed
in his cert if icat e of candidacy except when t he prot est ee, wit hout wait ing f or t he summons,
has made t he court underst and t hat he has been not if ied of t he prot est or has f iled his answer
heret o;
(b) The prot est ee shall answer t he prot est wit hin f ive days af t er receipt of t he summons, or, in
case t here has been no summons f rom t he dat e of his appearance and in all cases bef ore t he
commencement of t he hearing of t he prot est or cont est . The answer shall deal only wit h t he
elect ion in t he polling places which are covered by t he allegat ions of t he cont est ;
(c) Should t he prot est ee desire t o impugn t he vot es received by t he prot est ant in ot her polling
places, he shall f ile a count er-prot est wit hin t he same period f ixed f or t he answer serving a
copy t hereof upon t he prot est ant by regist ered mail or by personal delivery or t hrough t he
sherif f ;
(d) The prot est ant shall answer t he count er-prot est wit hin f ive days af t er not ice;
(e) Wit hin t he period of f ive days count ed f rom t he f iling of t he prot est any ot her candidat e f or
t he same of f ice may int ervene in t he case as ot her cont est ant s and ask f or af f irmat ive relief in
his f avor by a pet it ion in int ervent ion, which shall be considered as anot her cont est , except t hat
it shall be subst ant iat ed wit hin t he same proceedings. The prot est ant or prot est ee shall answer
t he prot est in int ervent ion wit hin f ive days af t er not ice;
(f ) If no answer shall be f iled t o t he cont est , count er-prot est , or t o t he prot est in int ervent ion,
wit hin t he t ime limit s respect ively f ixed, a general denial shall be deemed t o have been ent ered;
(g) In elect ion cont est proceedings, t he permanent regist ry list of vot ers shall be conclusive in
regard t o t he quest ion as t o who had t he right t o vot e in said elect ion.
SECTION 255. Judicial count ing of vot es in elect ion cont est . Where allegat ions in a prot est or
count er-prot est so warrant , or whenever in t he opinion of t he court t he int erest s of just ice so
require, it shall immediat ely order t he book of vot ers, ballot boxes and t heir keys, ballot s and
ot her document s used in t he elect ion be brought bef ore it and t hat t he ballot s be examined
and t he vot es recount ed. (Sec. 221, 1971 EC)
SECTION 256. Appeals. Appeals f rom any decision rendered by t he regional t rial court under
Sect ion 251 and paragraph t wo, Sect ion 253 hereof wit h respect t o quo warrant o pet it ions
f iled in elect ion cont est s af f ect ing municipal of f icers, t he aggrieved part y may appeal t o t he
Int ermediat e Appellat e Court wit hin f ive days af t er receipt of a copy of t he decision. No mot ion
f or reconsiderat ion shall be ent ert ained by t he court . The appeal shall be decided wit hin sixt y
days af t er t he case has been submit t ed f or decision. (Art . XVIII, Sec. 196, 1978 EC)
SECTION 257. Decision in t he Commission. The Commission shall decide all elect ion cases
brought bef ore it wit hin ninet y days f rom t he dat e of t heir submission f or decision. The decision
of t he Commission shall become f inal t hirt y days af t er receipt of judgment . (Art . XII, C, Sec. 3,
Const .; Art . XVIII, Sec. 193, 1978 EC)
SECTION 258. Pref erent ial disposit ion of cont est s in court s. The court s, in t heir respect ive
cases, shall give pref erence t o elect ion cont est s over all ot her cases, except t hose of habeas
corpus, and shall wit hout delay, hear and, wit hin t hirt y days f rom t he dat e of t heir submission
f or decision, but in every case wit hin six mont hs af t er f iling, decide t he same. (Art . XVIII, Sec.
197, 1978 EC)
SECTION 259. Act ual or compensat ory damages. Act ual or compensat ory damages may be
grant ed in all elect ion cont est s or in quo warrant o proceedings in accordance wit h law.
SECTION 260. Not ice of decisions. The clerk of court and t he corresponding of f icial in t he
Commission bef ore whom an elect ion cont est or a quo warrant o proceeding has been
inst it ut ed or where t he appeal of said case has been t aken shall not if y immediat ely t he
President of t he Philippines of t he f inal disposit ion t hereof . In elect ion cont est s involving
provincial, cit y, municipal, or barangay of f ices, not ice of such f inal disposit ion shall also be sent
t o t he secret ary of t he local sanggunian concerned. If t he decision be t hat none of t he part ies
has been legally elect ed, said of f icial shall cert if y such decision t o t he President of t he
Philippines and, in appropriat e cases, t o t he Commission. (Art . XVIII, Sec. 198, 1978 EC)
ARTICLE XXII
Elect ion Of f enses
SECTION 261. Prohibit ed Act s. The f ollowing shall be guilt y of an elect ion of f ense:
(a) Vot e-buying and vot e-selling. (1) Any person who gives, of f ers or promises money or
anyt hing of value, gives or promises any of f ice or employment , f ranchise or grant , public or
privat e, or makes or of f ers t o make an expendit ure, direct ly or indirect ly, or cause an
expendit ure t o be made t o any person, associat ion, corporat ion, ent it y, or communit y in order
t o induce anyone or t he public in general t o vot e f or or against any candidat e or wit hhold his
vot e in t he elect ion, or t o vot e f or or against any aspirant f or t he nominat ion or choice of a
candidat e in a convent ion or similar select ion process of a polit ical part y.
(2) Any person, associat ion, corporat ion, group or communit y who solicit s or receives, direct ly
or indirect ly, any expendit ure or promise of any of f ice or employment , public or privat e, f or any
of t he f oregoing considerat ions. (Par. (a), Sec. 178, 1978 EC)
(b) Conspiracy t o bribe vot ers. Two or more persons, whet her candidat es or not , who come
t o an agreement concerning t he commission of any violat ion of paragraph (a) of t his sect ion
and decide t o commit it . (Par. (b), Id.)
(c) Wagering upon result of elect ion. Any person who bet s or wagers upon t he out come of ,
or any cont ingency connect ed wit h an elect ion. Any money or t hing of value or deposit of
money or t hing of value sit uat ed anywhere in t he Philippines put as such bet or wager shall be
f orf eit ed t o t he government . (Par. (c), Id.)
(d)
(e) Threat s, int imidat ion, t errorism, use of f raudulent device or ot her f orms of coercion. Any
person who, direct ly or indirect ly, t hreat ens, int imidat es or act ually causes, inf lict s or produces
any violence, injury, punishment , damage, loss or disadvant age upon any person or persons or
t hat of t he immediat e members of his f amily, his honor or propert y, or uses any f raudulent
device or scheme t o compel or induce t he regist rat ion or ref raining f rom regist rat ion of any
vot er, or t he part icipat ion in a campaign or ref raining or desist ance f rom any campaign, or t he
cast ing of any vot e or omission t o vot e, or any promise of such regist rat ion, campaign, vot e, or
omission t heref rom. (Par. (e), Id.)
(f ) Coercion of elect ion of f icials and employees. Any person who, direct ly or indirect ly,
t hreat ens, int imidat es, t errorizes or coerces any elect ion of f icial or employee in t he
perf ormance of his elect ion f unct ions or dut ies. (New)
(g) Appoint ment of new employees, creat ion of new posit ion, promot ion, or giving salary
increases. During t he period of f ort y-f ive days bef ore a regular elect ion and t hirt y days bef ore
a special elect ion, (1) any head, of f icial or appoint ing of f icer of a government of f ice, agency or
inst rument alit y, whet her nat ional or local, including government -owned or cont rolled
corporat ions, who appoint s or hires any new employee, whet her provisional, t emporary or
casual, or creat es and f ills any new posit ion, except upon prior aut horit y of t he Commission.
The Commission shall not grant t he aut horit y sought unless, it is sat isf ied t hat t he posit ion t o
be f illed is essent ial t o t he proper f unct ioning of t he of f ice or agency concerned, and t hat t he
posit ion shall not be f illed in a manner t hat may inf luence t he elect ion.
As an except ion t o t he f oregoing provisions, a new employee may be appoint ed in case of
urgent need: Provided, however, That not ice of t he appoint ment shall be given t o t he
Commission wit hin t hree days f rom t he dat e of t he appoint ment . Any appoint ment or hiring in
violat ion of t his provision shall be null and void.
(2) Any government of f icial who promot es, or gives any increase of salary or remunerat ion or
privilege t o any government of f icial or employee, including t hose in government -owned or
cont rolled corporat ions. (Par. (f ), Sec. 178, 1978 EC)
(h) Transf er of of f icers and employees in t he civil service. Any public of f icial who makes or
causes any t ransf er or det ail what ever of any of f icer or employee in t he civil service including
public school t eachers, wit hin t he elect ion period except upon prior approval of t he
Commission. (Par. (g), Id.)
(i) Int ervent ion of public of f icers and employees. Any of f icer or employee in t he civil service,
except t hose holding polit ical of f ices; any of f icer, employee, or member or t he Armed Forces of
t he Philippines, or any police f orce, special f orces, home def ense f orces, barangay self -def ense
unit s and all ot her para-milit ary unit s t hat now exist or which may hereaf t er be organized who,
direct ly or indirect ly, int ervenes in any elect ion campaign or engages in any part isan polit ical
act ivit y, except t o vot e or t o preserve public order, if he is a peace of f icer. (Par. (jjj), Id.)
(j) Undue inf luence. It is unlawf ul f or any person t o promise any of f ice or employment , public
or privat e, or t o make or of f er t o make an expendit ure, direct ly or indirect ly, or t o cause an
expendit ure t o be made t o any person, associat ion, corporat ion or ent it y, which may induce
anyone or t he public in general eit her t o vot e or wit hhold his vot e, or t o vot e f or or against any
candidat e in any elect ion or any aspirant f or t he nominat ion or select ion of an of f icial candidat e
in a convent ion of a polit ical part y. It is likewise unlawf ul f or any person, associat ion,
corporat ion or communit y, t o solicit or receive, direct ly or indirect ly, any expendit ure or promise
or any of f ice, or employment , public or privat e, f or any of t he f oregoing considerat ions. (Sec.
53, 1971 EC)
(k) Unlawf ul elect ioneering. It is unlawf ul t o solicit vot es or undert ake any propaganda on t he
day of regist rat ion bef ore t he board of elect ion inspect ors and on t he day of elect ion, f or or
against any candidat e or any polit ical part y wit hin t he polling place and wit h a radius of t hirt y
met ers t hereof . (Sec. 56, 1971 EC)
(l) Prohibit ion against dismissal of employees, laborers, or t enant s. No employee or laborer
shall be dismissed, nor a t enant be eject ed f rom his landholdings f or ref using or f ailing t o vot e
f or any candidat e of his employer or landowner. Any employee, laborer or t enant so dismissed
or eject ed shall be reinst at ed and t he salary or wage of t he employee or laborer, or t he share of
t he harvest of t he t enant , shall be rest ored t o t he aggrieved part y upon applicat ion t o t he
proper court . (Sec. 74, 1971 EC)
(m) Appoint ment or use of special policemen, special agent s, conf ident ial agent s or t he like.
During t he campaign period, on t he day bef ore and on elect ion day, any appoint ing aut horit y
who appoint s or any person who ut ilizes t he services of special policemen, special agent s,
conf ident ial agent s or persons perf orming similar f unct ions; persons previously appoint ed as
special policemen, special agent s, conf ident ial agent s or persons perf orming similar f unct ions
who cont inue act ing as such, and t hose who f ail t o t urn over t heir f irearms, unif orms, insignias
and ot her badges of aut horit y t o t he proper of f icer who issued t he same.
At t he st art of t he af orement ioned period, t he barangay chairman, municipal mayor, cit y mayor,
provincial governor, or any appoint ing aut horit y shall submit t o t he Commission a complet e list
of all special policemen, special agent s, conf ident ial agent s or persons perf orming similar
f unct ions in t he employ of t heir respect ive polit ical subdivisions, wit h such part iculars as t he
Commission may require. (Par. (h), Sec. 178, 1978 EC)
(n) Illegal release of prisoners bef ore and af t er elect ion. The Direct or of t he Bureau of
Prisons, any provincial warden, t he keeper of t he jail or t he person or persons required by law t o
keep prisoners in t heir cust ody who illegally orders or allows any prisoner det ained in t he
nat ional penit ent iary, or t he provincial, cit y or municipal jail t o leave t he premises t hereof sixt y
days bef ore and t hirt y days af t er t he elect ion. The municipal or cit y warden, t he provincial
warden, t he keeper of t he jail or t he person or persons required by law t o keep prisoners in t heir
cust ody shall post in t hree conspicuous public places a list of t he prisoners or det ent ion
prisoners under t heir care. Det ent ion prisoners must be cat egorized as such. (Par. (i), Id.)
(o) Use of public f unds, money deposit ed in t rust , equipment , f acilit ies owned or cont rolled by
t he government f or an elect ion campaign. Any person who uses under any guise what soever,
direct ly or indirect ly, (1) public f unds or money deposit ed wit h, or held in t rust by, public
f inancing inst it ut ions or by government of f ices, banks, or agencies; (2) any print ing press, radio,
or t elevision st at ion or audio-visual equipment operat ed by t he Government or by it s divisions,
sub-divisions, agencies or inst rument alit ies, including government -owned or cont rolled
corporat ions, or by t he Armed Forces of t he Philippines; or (3) any equipment , vehicle, f acilit y,
apparat us, or paraphernalia owned by t he government or by it s polit ical subdivisions, agencies
including government -owned or cont rolled corporat ions, or by t he Armed Forces of t he
Philippines f or any elect ion campaign or f or any part isan polit ical act ivit y. (Par. (j) Id.)
(p) Deadly weapons. Any person who carries any deadly weapon in t he polling place and
wit hin a radius of one hundred met ers t hereof during t he days and hours f ixed by law f or t he
regist rat ion of vot ers in t he polling place, vot ing, count ing of vot es, or preparat ion of t he
elect ion ret urns. However, in cases of af f ray, t urmoil, or disorder, any peace of f icer or public
of f icer aut horized by t he Commission t o supervise t he elect ion is ent it led t o carry f irearms or
any ot her weapon f or t he purpose of preserving order and enf orcing t he law. (Par. (k), Id.)
(q) Carrying f irearms out side residence or place of business. Any person who, alt hough
possessing a permit t o carry f irearms, carries any f irearms out side his residence or place of
business during t he elect ion period, unless aut horized in writ ing by t he Commission: Provided,
That a mot or vehicle, wat er or air craf t shall not be considered a residence or place of business
or ext ension hereof . (Par. (l), Id.)
This prohibit ion shall not apply t o cashiers and disbursing of f icers while in t he perf ormance of
t heir dut ies or t o persons who by nat ure of t heir of f icial dut ies, prof ession, business or
occupat ion habit ually carry large sums of money or valuables.
(r) Use of armored land, wat er or air craf t . Any person who uses during t he campaign period,
on t he day bef ore and on elect ion day, any armored land, wat er or air craf t , provided wit h any
t emporary or permanent equipment or any ot her device or cont rapt ion f or t he mount ing or
inst allat ion of cannons, machine guns and ot her similar high caliber f irearms, including milit ary
t ype t anks, half t rucks, scout t rucks, armored t rucks, of any make or model, whet her new,
recondit ioned, rebuilt or remodelled: Provided, That banking or f inancial inst it ut ions and all
business f irms may use not more t han t wo armored vehicles st rict ly f or, and limit ed t o, t he
purpose of t ransport ing cash, gold bullion or ot her valuables in connect ion wit h t heir business
f rom and t o t heir place of business, upon previous aut horit y of t he Commission. (Par. (m), Id.)
(s) Wearing of unif orms and bearing arms. During t he campaign period, on t he day bef ore and
on elect ion day, any member of securit y or police organizat ion of government agencies,
commissions, councils, bureaus, of f ices, or government -owned or cont rolled corporat ions, or
privat ely-owned or operat ed securit y, invest igat ive, prot ect ive or int elligence agencies, who
wears his unif orm or uses his insignia, decorat ions or regalia, or bears arms out side t he
immediat e vicinit y of his place of work: Provided, That t his prohibit ion shall not apply when said
member is in pursuit of a person who has commit t ed or is commit t ing a crime in t he premises he
is guarding; or when escort ing or providing securit y f or t he t ransport of payrolls, deposit s, or
ot her valuables; or when guarding t he residence of privat e persons or when guarding privat e
residences, buildings or of f ices: Provided, f urt her, That in t he last case prior writ t en approval of
t he Commission shall be obt ained. The Commission shall decide all applicat ions f or aut horit y
under t his paragraph wit hin f if t een days f rom t he dat e of t he f iling of such applicat ion. (Par. (n),
Id.)
During t he same period, and ending t hirt y days t hereaf t er any member of t he Armed Forces of
t he Philippines, special, f orces, home def ense f orces, barangay self -def ense unit s and all ot her
para-milit ary unit s t hat now exist or which may hereaf t er be organized who wears his unif orm
or bears arms out side t he camp, garrison or barracks t o which he is assigned or det ailed or
out side t heir homes, in case of members of para-milit ary unit s, unless (1) t he President of t he
Philippines shall have given previous aut horit y t heref or, and t he Commission not if ied t hereof in
writ ing, or (2) t he Commission aut horizes him t o do so, which aut horit y it shall give only when
necessary t o assist it in maint aining f ree, orderly and honest elect ions, and only af t er not ice
and hearing. All personnel of t he Armed Forces aut horized by t he President or t he Commission
t o bear arms or wear t heir unif orms out side t heir camps and all police and peace of f icers shall
bear t heir t rue name, rank and serial number, if any, st it ched in block let t ers on a whit e
background on t he lef t breast of t heir unif orm, in let t ers and numbers of a clearly legible design
at least t wo cent imet ers t all, which shall at all t imes remain visible and uncovered. (Sec. 64, par.
(a), BP 697)
During t he elect ion period, whenever t he Commission f inds it necessary f or t he promot ion of
f ree, orderly, honest and peacef ul elect ions in a specif ic area, it shall conf iscat e or order t he
conf iscat ion of f irearms of any member or members of t he Armed Forces of t he Philippines,
police f orces, home def ense f orces, barangay self -def ense unit s, and all ot her para-milit ary
unit s t hat now exist , or which may hereaf t er be organized, or any member or members of t he
securit y or police organizat ion, government minist ries, commissions, councils, bureaus, of f ices,
inst rument alit ies, or government -owned or cont rolled corporat ions and ot her subsidiaries, or of
any member or members of privat ely owned or operat ed securit y, invest igat ive, prot ect ive or
int elligence agencies perf orming ident ical or similar f unct ions. (Id.)
(t ) Policemen and provincial guards act ing as bodyguards or securit y guards. During t he
campaign period, on t he day bef ore and on elect ion day, any member of t he cit y or municipal
police f orce, any provincial or sub-provincial guard, any member of t he Armed Forces of t he
Philippines, special f orces, home def ense f orces, barangay self -def ense unit s and all ot her
para-milit ary unit s t hat now exist or which may hereaf t er be organized who act s as bodyguard
or securit y guard of any public of f icial, candidat e or any ot her person, and any of t he lat t er who
ut ilizes t he services of t he f ormer as bodyguard or securit y guard: Provided, That , af t er due
not ice and hearing, when t he lif e and securit y of a candidat e is in jeopardy, t he Commission is
empowered t o assign at t he candidat es choice, any member of t he Philippine Const abulary or
t he police f orce of any municipalit y wit hin t he province t o act as his bodyguard or securit y
guard in a number t o be det ermined by t he Commission but not t o exceed t hree per candidat e:
Provided, however, That when t he circumst ances require immediat e act ion, t he Commission
may issue a t emporary order allowing t he assignment of any member of t he Philippine
Const abulary or t he local police f orce t o act as bodyguard or securit y guard of t he candidat e,
subject t o conf irmat ion or revocat ion. (Par. (o), Sec. 178, 1978 EC)
(u) Organizat ion or maint enance of react ion f orces, st rike f orces, or ot her similar f orces. Any
person who organizes or maint ains a react ion f orce, st rike f orce or similar f orce during t he
elect ion period.
The heads of all react ion f orces, st rike f orces, or similar f orces shall, not lat er t han f ort y-f ive
days bef ore t he elect ion, submit t o t he Commission a complet e list of all members t hereof wit h
such part iculars as t he Commission may require. (Sec. 65, 1971 EC; Sec. 64 (b) BP 697)
(v) Prohibit ion against release, disbursement or expendit ure of public f unds. Any public of f icial
or employee including barangay of f icials and t hose of government -owned or cont rolled
corporat ions and t heir subsidiaries, who, during f ort y-f ive days bef ore a regular elect ion and
t hirt y days bef ore a special elect ion, releases, disburses or expends any public f unds f or:
(1) Any and all kinds of public works, except t he f ollowing:
(a) Maint enance of exist ing and/or complet ed public works project : Provided, That not more
t han t he average number of laborers or employees already employed t herein during t he six-
mont h period immediat ely prior t o t he beginning of t he f ort y-f ive day period bef ore elect ion day
shall be permit t ed t o work during such t ime: Provided, f urt her, That no addit ional laborers shall
be employed f or maint enance work wit hin t he said period of f ort y-f ive days;
(b) Work undert aken by cont ract t hrough public bidding held, or by negot iat ed cont ract
awarded, bef ore t he f ort y-f ive day period bef ore elect ion: Provided, That work f or t he purpose
of t his sect ion undert aken under t he so-called t akay or paquiao syst em shall not be
considered as work by cont ract ;
(c) Payment f or t he usual cost of preparat ion f or working drawings, specif icat ions, bills of
mat erials, est imat es, and ot her procedures preparat ory t o act ual const ruct ion including t he
purchase of mat erials and equipment , and all incident al expenses f or wages of wat chmen and
ot her laborers employed f or such work in t he cent ral of f ice and f ield st orehouses bef ore t he
beginning of such period: Provided, That t he number of such laborers shall not be increased
over t he number hired when t he project or project s were commenced; and
(d) Emergency work necessit at ed by t he occurrence of a public calamit y, but such work shall be
limit ed t o t he rest orat ion of t he damaged f acilit y.
No payment shall be made wit hin f ive days bef ore t he dat e of elect ion t o laborers who have
rendered services in project s or works except t hose f alling under subparagraphs (a), (b), (c), and
(d), of t his paragraph.
This prohibit ion shall not apply t o ongoing public works project s commenced bef ore t he
campaign period or similar project s under f oreign agreement s. For purposes of t his provision, it
shall be t he dut y of t he government of f icials or agencies concerned t o report t o t he
Commission t he list of all such project s being undert aken by t hem.
(2) The Minist ry of Social Services and Development and any ot her of f ice in ot her minist ries of
t he government perf orming f unct ions similar t o said minist ry, except f or salaries of personnel,
and f or such ot her rout ine and normal expenses, and f or such ot her expenses as t he
Commission may aut horize af t er due not ice and hearing. Should a calamit y or disast er occur, all
releases normally or usually coursed t hrough t he said minist ries and of f ices of ot her minist ries
shall be t urned over t o, and administ ered and disbursed by, t he Philippine Nat ional Red Cross,
subject t o t he supervision of t he Commission on Audit or it s represent at ives, and no candidat e
or his or her spouse or member of his f amily wit hin t he second civil degree of af f init y or
consanguinit y shall part icipat e, direct ly or indirect ly, in t he dist ribut ion of any relief or ot her
goods t o t he vict ims of t he calamit y or disast er; and
(3) The Minist ry of Human Set t lement s and any ot her of f ice in any ot her minist ry of t he
government perf orming f unct ions similar t o said minist ry, except f or salaries of personnel and
f or such ot her necessary administ rat ive or ot her expenses as t he Commission may aut horize
af t er due not ice and hearing.
(w) Prohibit ion against const ruct ion of public works, delivery of mat erials f or public works and
issuance of t reasury warrant s and similar devices. During t he period of f ort y-f ive days
preceding a regular elect ion and t hirt y days bef ore a special elect ion, any person who (a)
undert akes t he const ruct ion of any public works, except f or project s or works exempt ed in t he
preceding paragraph; or (b) issues, uses or avails of t reasury warrant s or any device
undert aking f ut ure delivery of money, goods or ot her t hings of value chargeable against public
f unds. (Sec. 64 (d), BP 697)
(x) Suspension of elect ive provincial, cit y, municipal or barangay of f icer. The provisions of law
t o t he cont rary not wit hst anding during t he elect ion period, any public of f icial who suspends,
wit hout prior approval of t he Commission, any elect ive provincial, cit y, municipal or barangay
of f icer, unless said suspension will be f or purposes of applying t he Ant i-Graf t and Corrupt
Pract ices Act in relat ion t o t he suspension and removal of elect ive of f icials; in which case t he
provisions of t his sect ion shall be inapplicable. (Sec. 64 (o), Id.)
(y) On Regist rat ion of Vot ers:
(1)
(2) Any person who knowingly makes any f alse or unt rut hf ul st at ement relat ive t o any of t he
dat a or inf ormat ion required in t he applicat ion f or regist rat ion. (Par. (q), Id.)
(3) Any person who deliberat ely imprint s or causes t he imprint ing of blurred or indist inct
f ingerprint s on any of t he copies of t he applicat ion f or regist rat ion or on t he vot ers af f idavit ; or
any person in charge of t he regist rat ion of vot ers who deliberat ely or t hrough negligence,
causes or allows t he imprint ing of blurred or indist inct f ingerprint s on any of t he
af orement ioned regist rat ion f orms, or any person who t ampers wit h t he f ingerprint s in said
regist rat ion records. (Sec. 231 (5), 1971 EC)
(4) Any member of t he board of elect ion inspect ors who approves any applicat ion which on it s
f ace shows t hat t he applicant does not possess all t he qualif icat ions prescribed by law f or a
vot er; or who disapproves any applicat ion which on it s f ace shows t hat t he applicant
possesses all such qualif icat ions. (Par. (r), Sec. 178, 1978 EC)
(5) Any person who, being a regist ered vot er, regist ers anew wit hout f iling an applicat ion f or
cancellat ion of his previous regist rat ion. (Par. (s), Id.)
(6) Any person who regist ers in subst it ut ion f or anot her whet her wit h or wit hout t he lat t ers
knowledge or consent . (Par. (t ), Id.)
(7) Any person who t ampers wit h or changes wit hout aut horit y any dat a or ent ry in any vot ers
applicat ion f or regist rat ion. (Par. (u), Id.)
(8) Any person who delays, hinders or obst ruct anot her f rom regist ering. (Par. (v), Id.)
(9) Any person who f alsely cert if ies or ident if ies anot her as a bona f ide resident of a part icular
place or localit y f or t he purpose of securing t he lat t ers regist rat ion as a vot er. (Par. (w), Id.)
(10) Any person who uses t he vot ers af f idavit of anot her f or t he purpose of vot ing, whet her or
not he act ually succeeds in vot ing. (Par. (aa), Sec. 178, 1978 EC)
(11) Any person who places, insert s or ot herwise includes, as approved applicat ion f or
regist rat ion in t he book of vot ers or in t he provincial or nat ional cent ral f iles of regist ered
vot ers, t he applicat ion of any f ict it ious vot er or any applicat ion t hat has not been approved; or
removes f rom, or ot herwise t akes out of t he book of vot ers or t he provincial or nat ional cent ral
f iles of regist ered vot ers any duly approved vot ers applicat ion, except upon lawf ul order of t he
Commission, or of a compet ent court or af t er proper cancellat ion as provided in Sect ions 122,
123, 124 and 125 hereof . (Par. (bb), Sec. 178, 1978 EC)
(12) Any person who t ransf ers or causes t he t ransf er of t he regist rat ion record of a vot er t o
t he book of vot ers of anot her polling place, unless said t ransf er was due t o a change of
address of t he vot er and t he vot er was duly not if ied of his new polling place. (New)
(13) Any person who asks, demands, t akes, accept s or possesses, direct ly or indirect ly, t he
vot ers af f idavit of anot her, in order t o induce t he lat t er t o wit hhold his vot e, or t o vot e f or or
against any candidat e in an elect ion or any issue in a plebiscit e or ref erendum. It shall be
presumed prima f acie t hat t he asking, demanding, t aking, accept ing, or possessing is wit h such
int ent if done wit hin t he period beginning t en days bef ore elect ion day and ending t en days
af t er elect ion day, unless t he vot ers af f idavit of anot her and t he lat t er are bot h members of
t he same f amily. (Par. (cc), Id.)
(14) Any person who delivers, hands over, ent rust s, gives, direct ly or indirect ly his vot ers
af f idavit t o anot her in considerat ion of money or ot her benef it or promises t hereof , or t akes or
accept s such vot ers af f idavit direct ly or indirect ly, by giving or causing t he giving of money or
ot her benef it or making or causing t he making of a promise t hereof . (Par. (a), Subpar. 8, Sec.
231, 1971 EC)
(15) Any person who alt ers in any manner, t ears, def aces, removes or dest roys any cert if ied list
of vot ers. (Par. (dd), Sec. 178, 1978 EC)
(16) Any person who t akes, carries or possesses any blank or unused regist rat ion f orm already
issued t o a cit y or municipalit y out side of said cit y or municipalit y except as ot herwise provided
in t his Code or when direct ed by express order of t he court or of t he Commission. (Par. (a),
Subpar. 15, Sec. 231, 1971 EC)
(17) Any person who maliciously omit s, t ampers or t ransf ers t o anot her list t he name of a
regist ered vot er f rom t he of f icial list of vot ers post ed out side t he polling place.
(z) On vot ing:
(1)
(2) Any person who vot es more t han once in t he same elect ion, or who, not being a regist ered
vot er, vot es in an elect ion. (Par. (f f ), Id.)
(3) Any person who vot es in subst it ut ion f or anot her whet her wit h or wit hout t he lat t ers
knowledge and/or consent . (Par. (gg), Id.)
(4) Any person who, not being illit erat e or physically disabled, allows his ballot t o be prepared by
anot her, or any person who prepares t he ballot of anot her who is not illit erat e or physically
disabled, wit h or wit hout t he lat t ers knowledge and/or consent . (Par. (a), Subpar. 24, Sec. 231,
1971 EC wit h amendment s)
(5) Any person who avails himself of any means of scheme t o discover t he cont ent s of t he
ballot of a vot er who is preparing or cast ing his vot e or who has just vot ed. (Par. (hh), Sec. 178,
1978 EC)
(6) Any vot er who, in t he course of vot ing, uses a ballot ot her t han t he one given by t he board
of elect ion inspect ors or has in his possession more t han one of f icial ballot . (Par. (ii), Id.)
(7) Any person who places under arrest or det ains a vot er wit hout lawf ul cause, or molest s him
in such a manner as t o obst ruct or prevent him f rom going t o t he polling place t o cast his vot e
or f rom ret urning home af t er cast ing his vot e, or t o compel him t o reveal how he vot ed. (Par. (jj),
Id.)
(8) Any member of t he board of elect ion inspect ors charged wit h t he dut y of reading t he ballot
during t he count ing of vot es who deliberat ely omit s t o read t he vot e duly writ t en on t he ballot ,
or misreads t he vot e act ually writ t en t hereon or reads t he name of a candidat e where no name
is writ t en on t he ballot . (Par. (kk), Id.)
(9) Any member of t he board of elect ion inspect ors charged wit h t he dut y of t allying t he vot es
in t he t ally board or sheet , elect ion ret urns or ot her prescribed f orm who deliberat ely f ails t o
record a vot e t herein or records erroneously t he vot es as read, or records a vot e where no
such vot e has been read by t he chairman. (Par. (ll), Id.)
(10) Any member of a board of elect ion inspect ors who has made possible t he cast ing of more
vot es t han t here are regist ered vot ers.
(11) Any person who, f or t he purpose of disrupt ing or obst ruct ing t he elect ion process or
causing conf usion among t he vot ers, propagat es f alse and alarming report s or inf ormat ion or
t ransmit s or circulat es f alse orders, direct ives or messages regarding any mat t er relat ing t o t he
print ing of of f icial ballot s, t he post ponement of t he elect ion, t he t ransf er of polling place or t he
general conduct of t he elect ion. (Par. (oo), Id.)
(12) Any person who, wit hout legal aut horit y, dest roys, subst it ut es or t akes away f rom t he
possession of t hose having legal cust ody t hereof , or f rom t he place where t hey are legally
deposit ed, any elect ion f orm or document or ballot box which cont ains of f icial ballot s or ot her
document s used in t he elect ion. (Par. (qq), Sec. 178, 1978 EC)
(13) Any person having legal cust ody of t he ballot box cont aining t he of f icial ballot s used in t he
elect ion who opens or dest roys said box or removes or dest roys it s cont ent s wit hout or
against t he order of t he Commission or who, t hrough his negligence, enables any person t o
commit any of t he af orement ioned act s, or t akes away said ballot box f rom his cust ody. (Par.
(rr), Id.)
(14) Any member of t he board of elect ion inspect ors who knowingly uses ballot s ot her t han t he
of f icial ballot s, except in t hose cases where t he use of emergency ballot s is aut horized. (Par.
(t t ), Id.)
(15) Any public of f icial who neglect s or f ails t o properly preserve or account f or any ballot box,
document s and f orms received by him and kept under his cust ody. (Par. (uu), Id.)
(16) Any person who reveals t he cont ent s of t he ballot of an illit erat e or disabled vot er whom
he assist ed in preparing a ballot . (Par. (vv), Id.)
(17) Any person who, wit hout aut horit y, t ransf ers t he locat ion of a polling place. (Par. (ww), Id.)
(18) Any person who, wit hout aut horit y, print s or causes t he print ing of any ballot or elect ion
ret urns t hat appears as of f icial ballot s or elect ion ret urns or who dist ribut es or causes t he
same t o be dist ribut ed f or use in t he elect ion, whet her or not t hey are act ually used. (Par. (aaa),
Id.)
(19) Any person who, wit hout aut horit y, keeps, uses or carries out or causes t o be kept , used
or carried out , any of f icial ballot or elect ion ret urns or print ed proof t hereof , t ype-f orm mould,
elect ro-t ype print ing plat es and any ot her plat e, numbering machines and ot her print ing
paraphernalia being used in connect ion wit h t he print ing of of f icial ballot s or elect ion ret urns.
(Par. (bbb), Id.)
(20) Any of f icial or employee of any print ing est ablishment or of t he Commission or any
member of t he commit t ee in charge of t he print ing of of f icial ballot s or elect ion ret urns who
causes of f icial ballot s or elect ion ret urns t o be print ed in quant it ies exceeding t hose aut horized
by t he Commission or who dist ribut es, delivers, or in any manner disposes of or causes t o be
dist ribut ed, delivered, or disposed of , any of f icial ballot or elect ion ret urns t o any person or
persons not aut horized by law or by t he Commission t o receive or keep of f icial ballot s or
elect ion ret urns or who sends or causes t hem t o be sent t o any place not designat ed by law or
by t he Commission. (Par. (ccc), Id.)
(21) Any person who, t hrough any act , means or device, violat es t he int egrit y of any of f icial
ballot or elect ion ret urns bef ore or af t er t hey are used in t he elect ion. (Par. (ddd), Id.)
(22) Any person who removes, t ears, def aces or dest roys any cert if ied list of candidat es
post ed inside t he vot ing boot hs during t he hours of vot ing. (New)
(23) Any person who holds or causes t he holding of an elect ion on any ot her day t han t hat
f ixed by law or by t he Commission, or st ops any elect ion being legally held. (Par. (pp), Id.)
(24) Any person who deliberat ely blurs his f ingerprint in t he vot ing record. (New)
(aa) On Canvassing:
(1) Any chairman of t he board of canvassers who f ails t o give due not ice of t he dat e, t ime and
place of t he meet ing of said board t o t he candidat es, polit ical part ies and/or members of t he
board.
(2) Any member of t he board of canvassers who proceeds wit h t he canvass of t he vot es
and/or proclamat ion of any candidat e which was suspended or annulled by t he Commission.
(New)
(3) Any member of t he board of canvassers who proceeds wit h t he canvass of vot es and/or
proclamat ion of any candidat e in t he absence of quorum, or wit hout giving due not ice of t he
dat e, t ime and place of t he meet ing of t he board t o t he candidat es, polit ical part ies, and/or
ot her members of t he board. (New)
(4) Any member of t he board of canvassers who, wit hout aut horit y of t he Commission, uses in
t he canvass of vot es and/or proclamat ion of any candidat e any document ot her t han t he
of f icial copy of t he elect ion ret urns. (New)
(bb) Common t o all boards of elect ion inspect ors and boards of canvassers:
(1) Any member of any board of elect ion inspect ors or board of canvassers who deliberat ely
absent s himself f rom t he meet ings of said body f or t he purpose of obst ruct ing or delaying t he
perf ormance of it s dut ies or f unct ions. (Par. (zz), Sec. 178, 1978 EC)
(2) Any member of any board of elect ion inspect ors or board of canvassers who, wit hout
just if iable reason, ref uses t o sign and cert if y any elect ion f orm required by t his Code or
prescribed by t he Commission alt hough he was present during t he meet ing of t he said body.
(Par. (yy), Id.)
(3) Any person who, being ineligible f or appoint ment as member of any board of elect ion
inspect ors or board of canvassers, accept s an appoint ment t o said body, assumes of f ice, and
act ually serves as a member t hereof , or any of public of f icer or any person act ing in his behalf
who appoint s such ineligible person knowing him t o be ineligible. (Par. (xx), Id.)
(4) Any person who, in t he presence or wit hin t he hearing of any board of elect ion inspect ors or
board of canvassers during any of it s meet ings, conduct s himself in such a disorderly manner
as t o int errupt or disrupt t he work or proceedings t o t he end of prevent ing said body f rom
perf orming it s f unct ions, eit her part ly or t ot ally. (Par. (nn), Id.)
(5) Any public of f icial or person act ing in his behalf who relieves any member of any board of
elect ion inspect ors or board of canvassers or who changes or causes t he change of t he
assignment s of any member of said board of elect ion inspect ors or board of canvassers
wit hout aut horit y of t he Commission. (Par. (ss), Id.)
(cc) On candidacy and campaign:
(1) Any polit ical part y which holds polit ical convent ions or meet ings t o nominat e it s of f icial
candidat es earlier t hat t he period f ixed in t his Code. (Par. (eee), Sec. 178, 1978 EC)
(2) Any person who abst ract s, dest roys or cancels any cert if icat e of candidacy duly f iled and
which has not been cancelled upon order of t he Commission. (Par. (f f f ), Id.)
(3) Any person who misleads t he board of elect ion inspect ors by submit t ing any f alse or
spurious cert if icat e of candidacy or document t o t he prejudice of a candidat e. (Par. (f f f ), Id.)
(4) Any person who, being aut horized t o receive cert if icat es of candidacy, receives any
cert if icat e of candidacy out side t he period f or f iling t he same and makes it appear t hat said
cert if icat e of candidacy was f iled on t ime; or any person who, by means of f raud, t hreat ,
int imidat ion, t errorism or coercion, causes or compels t he commission of said act . (New)
(5) Any person who, by any device or means, jams, obst ruct s or int erf eres wit h a radio or
t elevision broadcast of any lawf ul polit ical program. (Par. (ggg), Id.)
(6) Any person who solicit s vot es or undert akes any propaganda, on t he day of elect ion, f or or
against any candidat e or any polit ical part y wit hin t he polling place or wit hin a radius of t hirt y
met ers t hereof . (Par. (hhh), Id.)
(dd) Ot her prohibit ions:
(1) Any person who sells, f urnishes, of f ers, buys, serves or t akes int oxicat ing liquor on t he days
f ixed by law f or t he regist rat ion of vot ers in t he polling place, or on t he day bef ore t he elect ion
or on elect ion day: Provided, That hot els and ot her est ablishment s duly cert if ied by t he Minist ry
of Tourism as t ourist orient ed and habit ually in t he business of cat ering t o f oreign t ourist s may
be exempt ed f or just if iable reasons upon prior aut horit y of t he Commission: Provided, f urt her,
That f oreign t ourist s t aking int oxicat ing liquor in said aut horized hot els or est ablishment s are
exempt ed f rom t he provisions of t his subparagraph.
(2) Any person who opens in any polling place or wit hin a radius of t hirt y met ers t hereof on
elect ion day and during t he count ing of vot es, boot hs or st alls of any kind f or t he sale,
dispensing or display of wares, merchandise or ref reshment s, whet her solid or liquid, or f or any
ot her purposes.
(3) Any person who holds on elect ion day, f airs, cockf ight s, boxing, horse races, jai-alai or any
ot her similar sport s. (Par. (iii), Id.)
(4) Ref usal t o carry elect ion mail mat t er. Any operat or or employee of a public ut ilit y or
t ransport at ion company operat ing under a cert if icat e of public convenience, including
government -owned or cont rolled post al service or it s employees or deput ized agent s who
ref use t o carry of f icial elect ion mail mat t ers f ree of charge during t he elect ion period. In addit ion
t o t he penalt y prescribed herein, such ref usal shall const it ut e a ground f or cancellat ion or
revocat ion of cert if icat e of public convenience or f ranchise. (Par. (kkk), Id.)
(5) Prohibit ion against discriminat ion in t he sale of air t ime. Any person who operat es a radio
or t elevision st at ion who wit hout just if iable cause discriminat es against any polit ical part y,
coalit ion or aggroupment of part ies or any candidat e in t he sale of air t ime. In addit ion t o t he
penalt y prescribed herein, such ref usal shall const it ut e a ground f or cancellat ion or revocat ion
of t he f ranchise.
SECTION 262. Ot her elect ion of f enses. Violat ion of t he provisions, or pert inent port ions, of
t he f ollowing sect ions of t his Code shall const it ut e elect ion of f enses: Sect ions 9, 18, 74, 75,
76, 80, 81, 82, 83, 84, 85, 86, 87, 88, 89, 95, 96, 97, 98, 99, 100, 101, 102, 103, 104, 105, 106
107, 108, 109, 110, 111, 112, 122, 123, 127, 128, 129, 132, 134, 135, 145, 148, 150, 152, 172,
173, 174, 178, 180, 182, 184, 185, 186, 189, 190, 191, 192, 194, 195, 196, 197, 198, 202, 203,
204, 205, 206, 207, 208, 209, 210, 211, 212, 213, 214, 215, 216, 217, 218, 219, 220, 223, 229,
230, 231, 233, 234, 235, 236, 239 and 240.
SECTION 263. Persons criminally liable. The principals, accomplices, and accessories, as
SECTION 263. Persons criminally liable. The principals, accomplices, and accessories, as
def ined in t he Revised Penal Code, shall be criminally liable f or elect ion of f enses. If t he one
responsible be a polit ical part y or an ent it y, it s president or head, t he of f icials and employees of
t he same, perf orming dut ies connect ed wit h t he of f ense commit t ed and it s members who may
be principals, accomplices, or accessories shall be liable, in addit ion t o t he liabilit y of such part y
or ent it y. (Sec. 180, 1978 EC)
SECTION 264. Penalt ies. Any person f ound guilt y of any elect ion of f ense under t his Code
shall be punished wit h imprisonment of not less t han one year but not more t han six years and
shall not be subject t o probat ion. In addit ion, t he guilt y part y shall be sent enced t o suf f er
disqualif icat ion t o hold public of f ice and deprivat ion of t he right of suf f rage. If he is a f oreigner,
he shall be sent enced t o deport at ion which shall be enf orced af t er t he prison t erm has been
served. Any polit ical part y f ound guilt y shall be sent enced t o pay a f ine of not less t han t en
t housand pesos, which shall be imposed upon such part y af t er criminal act ion has been
inst it ut ed in which t heir corresponding of f icials have been f ound guilt y. (Sec. 181, 1978 EC)
In case of prisoner or prisoners illegally released f rom any penit ent iary or jail during t he
prohibit ed period as provided in Sect ion 261, paragraph (n) of t his Code, t he direct or of prisons,
provincial warden, keeper of t he jail or prison, or persons who are required by law t o keep said
prisoner in t heir cust ody shall, if convict ed by a compet ent court , be sent enced t o suf f er t he
penalt y of prisin mayor in it s maximum period if t he prisoner or prisoners so illegally released
commit any act of int imidat ion, t errorism of int erf erence in t he elect ion. (Sec. 79, 1971 EC)
Any person f ound guilt y of t he of f ense of f ailure t o regist er or f ailure t o vot e shall, upon
convict ion, be f ined one hundred pesos. In addit ion, he shall suf f er disqualif icat ion t o run f or
public of f ice in t he next succeeding elect ion f ollowing his convict ion or be appoint ed t o a public
of f ice f or a period of one year f ollowing his convict ion. (Sec. 181, 1978 EC)
SECTION 265. Prosecut ion. The Commission shall, t hrough it s duly aut horized legal of f icers,
have t he power, concurrent wit h t he ot her prosecut ing arms of t he government , t o conduct
preliminary invest igat ion of all elect ion of f enses punishable under t his Code, and t o prosecut e
t he same.
SECTION 266. Arrest in connect ion wit h t he elect ion campaign. No person shall be arrest ed
and/or det ained at any t ime f or any alleged of f ense commit t ed during and in connect ion wit h
any elect ion t hrough any act or language t ending t o support or oppose any candidat e, polit ical
part y or coalit ion of polit ical part ies under or pursuant t o any order of what ever name or nat ure
and by whomsoever issued except only upon a warrant of arrest issued by a compet ent judge
af t er all t he requirement s of t he Const it ut ion shall have been st rict ly complied wit h.
If t he of f ense charged is punishable under a president ial decree whet her originally or by
amendment of a previous law, t he deat h penalt y shall not be imposed upon t he of f ender
except where murder, rape or arson is involved. In all cases, t he penalt y shall not be higher t han
reclusin perpet ua and t he of f ender shall be ent it led t o reasonable bail upon suf f icient suret ies
t o be grant ed speedily by t he compet ent court . Moreover, loss of t he right of cit izenship and
conf iscat ion of propert y shall not be imposed.
Any of f icer or a person who shall violat e any provision of t his sect ion shall be punished by
imprisonment of not less t han six (6) years and one (1) day nor more t han t welve (12) years,
wit h t he accessory penalt ies f or elect ion of f enses. The provision of Sect ion 267 of t his Code
shall not apply t o prosecut ion under t his sect ion.
SECTION 267. Prescript ion. Elect ion of f enses shall prescribe af t er f ive years f rom t he dat e of
t heir commission. If t he discovery of t he of f ense be made in an elect ion cont est proceedings,
t he period of prescript ion shall commence on t he dat e on which t he judgment in such
proceedings becomes f inal and execut ory. (Sec. 185, Id.)
SECTION 268. Jurisdict ion of court s. The regional t rial court shall have t he exclusive original
jurisdict ion t o t ry and decide any criminal act ion or proceedings f or violat ion of t his Code,
except t hose relat ing t o t he of f ense of f ailure t o regist er or f ailure t o vot e which shall be under
t he jurisdict ion of t he met ropolit an or municipal t rial court s. From t he decision of t he court s,
appeal will lie as in ot her criminal cases. (Sec. 184, Id.)
SECTION 269.Pref erent ial disposit ion of elect ion of f enses. The invest igat ion and
prosecut ion of cases involving violat ions of t he elect ion laws shall be given pref erence and
priorit y by t he Commission on Elect ions and prosecut ing of f icials. Their invest igat ion shall be
commenced wit hout delay, and shall be resolved by t he invest igat ing of f icer wit hin f ive days
f rom it s submission f or resolut ion. The court s shall likewise give pref erence t o elect ion
of f enses over all ot her cases, except pet it ions f or writ of habeas corpus. Their t rial shall
likewise be commenced wit hout delay, and shall be conduct ed cont inuously unt il t erminat ed,
and t he case shall be decided wit hin t hirt y days f rom it s submission f or decision. (P.D. 1676)
ARTICLE XXIII
Legal Fees
SECTION 270. Collect ion of legal f ees. The Commission is hereby aut horized t o collect f ees
as f ollows:
(a) For f urnishing cert if ied t ranscript of records
or copies of any record, decision or ruling
or ent ry of which any person is ent it led t o
demand and receive a copy, f or every pageP 2.00
(b) For every cert if icat e or writ or process 10.00
(c) For each cert if icat e not on process2.00
(d) In appropriat e cases, f or f iling a second and
succeeding mot ions f or reconsiderat ion 50.00
(e) For every search of any record of more t han
one years st anding and reading t he same 10.00
SECTION 271. Payment of Fees. The f ees ment ioned in t he preceding sect ion shall be paid t o
t he cashier of t he Commission who shall in all cases issue a receipt f or t he same and shall ent er
t he amount received upon his book specif ying t he dat e when received, t he f ee, and t he person
f rom whom received. The cashier shall immediat ely report such payment t o t he Commission.
ARTICLE XXIV
Transit ory Provisions
SECTION 272. Pending act ions. Pending act ions and causes of act ion arising bef ore t he
ef f ect ivit y of t his Code shall be governed by t he laws t hen in f orce. (Sec. 246, 1971 EC)
SECTION 273. Designat ion of cert ain pre-elect ion act s immediat ely af t er t he approval of t his
Code. If it should no longer be reasonably possible t o observe t he periods and dat es herein
prescribed f or cert ain pre-elect ion act s in t he elect ion immediat ely f ollowing t he approval of t his
Code, t he Commission shall f ix ot her periods in order t o ensure t hat vot ers shall not be
deprived of t heir right of suf f rage.
SECTION 274. Accredit at ion of dominant opposit ion part y. For purposes of t he next local
elect ions in 1986 and t he next president ial elect ions in 1987 or earlier, t he dominant opposit ion
part y shall be t hat polit ical part y, group or organizat ion or coalit ion of major nat ional or regional
polit ical part ies opposed t o t he majorit y part y which has t he capabilit y t o wage a bona f ide
nat ionwide campaign as shown by t he ext ent of it s organizat ion and t he number of Members
of Parliament af f iliat ed wit h it : Provided, however, That wit h specif ic ref erence t o t he next local
elect ions in const it uencies which are represent ed in t he Bat asang Pambansa by Members who
do not belong eit her t o t he majorit y part y or t o t he polit ical part y or coalit ion of polit ical part ies
described above, t he represent at ives of t he opposit ion in t he board of elect ion inspect ors,
board of canvassers or ot her similar bodies shall be proposed exclusively by t he part y t o which
said Member of t he Bat asang Pambansa belong: Provided, however, That it is regist ered bef ore
t he next local elect ions.
Any polit ical part y, group or organizat ion or coalit ion of polit ical part ies seeking accredit at ion
under t his sect ion shall f ile a verif ied pet it ion wit h t he Commission on Elect ions st at ing t herein
such inf ormat ion as may be necessary t o enable t he Commission t o det ermine t he
qualif icat ions f or accredit at ion in accordance wit h t he st andard herein provided.
The Commission on Elect ions shall accredit t he dominant opposit ion part y not lat er t han t hirt y
days bef ore t he campaign period in every elect ion.
In case a president ial elect ion is held bef ore t he next local elect ions or bef ore t he president ial
elect ion in 1987, t he provisions of t he Const it ut ion shall be enf orced in det ermining which shall
be t he dominant opposit ion part y f or purposes of t he next local elect ions.
SECTION 275. Part y represent at ives in t he board of elect ion inspect ors. Unt il such t ime as
t he t wo accredit ed polit ical part ies are det ermined in accordance wit h t he provisions of t he
Const it ut ion, t he t wo members shall each be proposed by t he ruling part y and t he dominant
opposit ion part y as may be det ermined by t he Commission pursuant t o t he provisions of t his
Code.
SECTION 276. Appropriat ions, and insurance f or board of elect ion inspect ors. The cost of
holding t he next local elect ions provided in t his Code shall be f unded out of t he current
appropriat ions of t he Commission on Elect ions provided f or t his purpose. In case of def iciency,
addit ional f unding may be provided out of t he special act ivit ies f und int ended f or special priorit y
act ivit ies aut horized in t he General Appropriat ions Act .
The chairman and t he poll clerk of t he board of elect ion inspect ors shall receive per diem at t he
rat e of one hundred pesos on elect ion day and f if t y pesos on each of t he regist rat ion and
revision days. The inspect ors of t he polit ical part ies shall be grant ed a per diem of f if t y pesos
on elect ion day and t went y-f ive pesos on each of t he regist rat ion and revision days. Educat ion
support personnel of t he Minist ry of Educat ion, Cult ure and Sport s shall receive a per diem of
t went y-f ive pesos during elect ion day.
Supervisors, principals and ot her administ rat ors of t he Minist ry of Educat ion, Cult ure and
Sport s who may be asked by t he Commission, and act ually report , f or supervisory assignment
during regist rat ion and elect ion day shall be ent it led t o a per diem of f if t y pesos.
The provincial, cit y and municipal t reasurers shall receive per diem at t he rat e of one hundred
pesos on elect ion day.
Payment s of per diems under t his sect ion shall be made wit hin sevent y-t wo hours af t er t he
elect ion or regist rat ion day.
The chairman, poll clerk and part y represent at ives in t he board of elect ion inspect ors shall be
insured wit h t he Government Service Insurance Syst em at f if t y t housand pesos each under
t erms and condit ions t hat shall be agreed upon by t he Chairman of t he Commission, t he
Minist ries of t he Budget , and t he Minist er of Educat ion, Cult ure and Sport s.
SECTION 277. Special elect ion f or President ial bef ore 1987. In case a vacancy in t he Of f ice of
t he President occurs bef ore t he president ial elect ion in 1987, t he Speaker of t he Bat asang
Pambansa shall act as President unt il a President and a Vice-President or eit her of t hem shall
have been elect ed and shall have qualif ied. Their t erm of of f ice shall commence at noon of t he
t ent h day f ollowing t heir proclamat ion, and shall end at noon on t he t hirt iet h day of June of t he
sixt h year t hereaf t er.
The Act ing President may not declare mart ial law or suspend t he privilege of t he writ of habeas
corpus wit hout t he prior consent of at least a majorit y of all t he Members of t he Bat asang
Pambansa, or issue any decree, order or let t er of inst ruct ions while t he lawmaking power of t he
President is in f orce. He shall be deemed aut omat ically on leave and t he Speaker Pro-Tempore
shall act as Speaker. While act ing as President , t he Speaker may not be removed. He shall not
be eligible f or elect ion in t he immediat ely succeeding elect ion f or President and Vice-President .
The Bat asang Pambansa shall, at t en oclock in t he morning of t he t hird day af t er t he vacancy
occurs, convene in accordance wit h it s rules wit hout need of a call and wit hin seven days enact
a law calling f or a special elect ion t o elect a President and a Vice-president t o be held not
earlier t han f ort y-f ive days nor lat er t han sixt y days f rom t he t ime of such call. The bill calling
such special elect ion shall be deemed cert if ied under paragraph (2), Sect ion 19, Art icle VIII of
t he Const it ut ion and shall become law upon it s approval on t hird reading by t he Bat asang
Pambansa. Appropriat ions f or t he special elect ion shall be charged against any current
appropriat ions and shall be exempt f rom t he requirement s of paragraph (4), Sect ion 16 of
Art icle VIII of t he Const it ut ion. As provided in t he t hird paragraph, Sect ion 9 of Art icle VII
t hereof , t he convening of t he Bat asang Pambansa cannot be suspended nor t he special
elect ion post poned. No special elect ion shall be called if t he vacancy occurs wit hin sevent y
days bef ore t he dat e of t he president ial elect ion of 1987.
Appoint ment s ext ended by t he Act ing President shall remain ef f ect ive, unless revoked by t he
newly elect ed President wit hin ninet y days f rom his assumpt ion of of f ice.
SECTION 278. Special elect ion t o f ill exist ing vacancies in t he Bat asang Pambansa. The
elect ion of Members t o f ill exist ing vacancies in t he Bat asang Pambansa shall be held
simult aneously wit h t he next local elect ion in 1986 or in t he next special nat ional elect ion f or
President and Vice-President if one is held earlier.
SECTION 279. Elect ive of f icials in exist ing sub-provinces. The elect ion of elect ive public
of f icials in exist ing sub-provinces shall likewise be held simult aneously wit h t he next local
elect ions of 1986 and 1990 in accordance wit h t heir respect ive chart ers, subject t o t he same
t erm, qualif icat ions, manner of elect ion and resolut ion of elect ion cont roversies as are herein
provided f or comparable provincial elect ive of f icials.
ARTICLE XXV
Final Provisions
SECTION 280. Reorganizat ion of t he Commission on Elect ions. In order t o promot e maximum
ef f iciency in carrying out it s const it ut ional dut y t o insure f ree, orderly and honest elect ions and
in discharging it s judicial powers and f unct ions under t he Const it ut ion, t he Commission is
hereby aut horized t o reorganize it s of f ice wit hin t welve mont hs af t er t he f irst elect ion t o be
held under t his Code. It may creat e, merge, or abolish depart ment s, of f ices, divisions or unit s,
redist ribut e f unct ions and reassign personnel, change designat ions of exist ing posit ions
subject t o pert inent exist ing laws and regulat ions. It may recommend t he levels and rat es of
salaries of it s subordinat e of f icials and employees subject t o t he laws and regulat ions on civil
service and compensat ion, posit ion classif icat ion and st andardizat ion of salaries: Provided,
That no permanent of f icial or employee already in t he service of t he Commission, upon
approval of t his Code, shall be laid of f , or demot ed in rank or salary.
SECTION 281. Separabilit y clause. If f or any reason any sect ion or provision of t his Code, or
any port ion t hereof , or t he applicat ion of such sect ion, provision or port ion t o any person,
group or circumst ance is declared invalid or unconst it ut ional, t he remainder of t his Code or t he
applicat ion of such sect ion, provision or port ion t hereof t o ot her persons, groups or
circumst ances shall not be af f ect ed by such declarat ion.
SECTION 282. Repealing clause. President ial Decree No. 1296, ot herwise known as The 1978
Elect ion Code, as amended, is hereby repealed. All ot her elect ion laws, decrees, execut ive
orders, rules and regulat ions, or part s t hereof , inconsist ent wit h t he provisions of t his Code are
hereby repealed, except President ial Decree No. 1618 and Bat as Pambansa Blg. 20 governing
t he elect ion of t he members of t he Sangguniang Pampook of Regions IX and XII.
SECTION 283. Ef f ect ivit y. This Code shall t ake ef f ect upon it s approval.
Approved: December 3, 1985
Source: CDAsia
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Bat as Pambansa Blg. 881, December 3, 1985