election law - reviewer (provisions)

7/24/2019 Election Law - Reviewer (Provisions)

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De La Salle University

Election Law Course Outline

Dr. Antonio La Vina

*Read first 19! Constitution" Article V" Sections 1#$% Article &" A

Sections 1#" and C" Sections 1#11.

ARTICLE VSUFFRAGE

Section 1.Sufrage may be exercised by all citizens o the

Philippines, not otherwise disqualied by law, who are at least

eighteen years o age, and who shall have resided in the Philippines

or at least one year and in the place wherein they propose to vote,

or at least six months immediately preceding the election. o

literacy, property, or other substantive requirement shall be

imposed on the exercise o sufrage.

Section 2.!he "ongress shall provide a system or securing the

secrecy and sanctity o the ballot as well as a system or absentee

voting by qualied #ilipinos abroad.

!he "ongress shall also design a procedure or the disabled and the

illiterates to vote without the assistance o other persons. $ntil

then, they shall be allowed to vote under existing laws and such

rules as the "ommission on %lections may promulgate to protect

the secrecy o the ballot.

ARTICLE IX

CONSTITUTIONAL COMMISSION

A. COMMON PROVISIONS

Section 1.!he "onstitutional "ommissions, which shall be

independent, are the "ivil Service "ommission, the "ommission on

%lections, and the "ommission on &udit.

Section 2.o member o a "onstitutional "ommission shall,

during his tenure, hold any other o'ce or employment. eithershall he engage in the practice o any proession or in the active

management or control o any business which, in any way, may be

afected by the unctions o his o'ce, nor shall he be nancially

interested, directly or indirectly, in any contract with, or in any

ranchise or privilege granted by the (overnment, any o its

subdivisions, agencies, or instrumentalities, including government)

owned or controlled corporations or their subsidiaries.

Section 3.!he salary o the "hairman and the "ommissionersshall be xed by law and shall not be decreased during their tenure.

Section 4.!he "onstitutional "ommissions shall appoint their

o'cials and employees in accordance with law.

Section 5.!he "ommission shall en*oy scal autonomy. !heir

approved annual appropriations shall be automatically and

regularly released.

Section 6.%ach "ommission en banc may promulgate its own

rules concerning pleadings and practice beore it or beore any o

its o'ces. Such rules, however, shall not diminish, increase, or

modiy substantive rights.

Section .%ach "ommission shall decide by a ma*ority vote o all

its +embers, any case or matter brought beore it within sixty days

rom the date o its submission or decision or resolution. & case or

matter is deemed submitted or decision or resolution upon the

ling o the last pleading, brie, or memorandum required by the

rules o the "ommission or by the "ommission itsel. $nless

otherwise provided by this "onstitution or by law, any decision,order, or ruling o each "ommission may be brought to the

Supreme "ourt on certiorari by the aggrieved party within thirty

days rom receipt o a copy thereo.

Section !.%ach "ommission shall perorm such other unctions as

may be provided by law.

C. T"E COMMISSION ON ELECTIONS

Section 1.


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. !here shall be a "ommission on %lections composed o a

"hairman and six "ommissioners who shall be natural)born

citizens o the Philippines and, at the time o their

appointment, at least thirty)ve years o age, holders o a

college degree, and must not have been candidates or any

elective positions in the immediately preceding elections.

-owever, a ma*ority thereo, including the "hairman, shall

be members o the Philippine ar who have been engagedin the practice o law or at least ten years.

/. !he "hairman and the "ommissioners shall be appointed by

the President with the consent o the "ommission on

&ppointments or a term o seven years without

reappointment. 0 those rst appointed, three +embers

shall hold o'ce or seven years, two +embers or ve years,

and the last +embers or three years, without

reappointment. &ppointment to any vacancy shall be only

or the unexpired term o the predecessor. 1n no case shall

any +ember be appointed or designated in a temporary or

acting capacity.

Section 2.!he "ommission on %lections shall exercise the

ollowing powers and unctions2

. %norce and administer all laws and regulations relative to

the conduct o an election, plebiscite, initiative, reerendum,

and recall.

/. %xercise exclusive original *urisdiction over all contestsrelating to the elections, returns, and qualications o all

elective regional, provincial, and city o'cials, and appellate

*urisdiction over all contests involving elective municipal

o'cials decided by trial courts o general *urisdiction, or

involving elective barangay o'cials decided by trial courts

o limited *urisdiction.

3ecisions, nal orders, or rulings o the "ommission on

election contests involving elective municipal and barangay

o'ces shall be nal, executory, and not appealable.

4. 3ecide, except those involving the right to vote, all

questions afecting elections, including determination o the

number and location o polling places, appointment o

election o'cials and inspectors, and registration o voters.

5. 3eputize, with the concurrence o the President, law

enorcement agencies and instrumentalities o the

(overnment, including the &rmed #orces o the Philippines,or the exclusive purpose o ensuring ree, orderly, honest,

peaceul, and credible elections.

6. 7egister, ater su'cient publication, political parties,

organizations, or coalitions which, in addition to other

requirements, must present their platorm or program o

government8 and accredit citizens9 arms o the "ommission

on %lections. 7eligious denominations and sects shall not be

registered. !hose which see: to achieve their goals through

violence or unlawul means, or reuse to uphold and adhere

to this "onstitution, or which are supported by any oreign

government shall li:ewise be reused registration.

#inancial contributions rom oreign governments and their

agencies to political parties, organizations, coalitions, or

candidates related to elections, constitute intererence in

national afairs, and, when accepted, shall be an additional

ground or the cancellation o their registration with the

"ommission, in addition to other penalties that may be

prescribed by law.

;. #ile, upon a veried complaint, or on its own initiative,

petitions in court or inclusion or exclusion o voters8

investigate and, where appropriate, prosecute cases o

violations o election laws, including acts or omissions

constituting election rauds, ofenses, and malpractices.


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=. 7ecommend to the President the removal o any o'cer or

employee it has deputized, or the imposition o any other

disciplinary action, or violation or disregard o, or

disobedience to, its directive, order, or decision.

>. Submit to the President and the "ongress, a comprehensive

report on the conduct o each election, plebiscite, initiative,

reerendum, or recall.

Section 3.!he "ommission on %lections may sit en banc or in two

divisions, and shall promulgate its rules o procedure in order to

expedite disposition o election cases, including pre) proclamation

controversies. &ll such election cases shall be heard and decided in

division, provided that motions or reconsideration o decisions

shall be decided by the "ommission en banc.

Section 4.!he "ommission may, during the election period,

supervise or regulate the en*oyment or utilization o all ranchises

or permits or the operation o transportation and other public

utilities, media o communication or inormation, all grants, special

privileges, or concessions granted by the (overnment or any

subdivision, agency, or instrumentality thereo, including any

government)owned or controlled corporation or its subsidiary. Such

supervision or regulation shall aim to ensure equal opportunity,

time, and space ,and the right to reply, including reasonable, equal

rates thereor, or public inormation campaigns and orums among

candidates in connection with the ob*ective o holding ree, orderly,

honest, peaceul, and credible elections.

Section 5.o pardon, amnesty, parole, or suspension o sentence

or violation o election laws, rules, and regulations shall be granted

by the President without the avorable recommendation o the

"ommission.

Section 6.& ree and open party system shall be allowed to evolve

according to the ree choice o the people, sub*ect to the provisions

o this &rticle.

Section .o votes cast in avor o a political party, organization,

or coalition shall be valid, except or those registered under the

party)list system as provided in this "onstitution.

Section !.Political parties, or organizations or coalitions registered

under the party)list system, shall not be represented in the voters9

registration boards, boards o election inspectors, boards o

canvassers, or other similar bodies. -owever, they shall be entitledto appoint poll watchers in accordance with law.

Section #.$nless otherwise xed by the "ommission in special

cases, the election period shall commence ninety days beore the

day o election and shall end thirty days thereater.

Section 1$.ona de candidates or any public o'ce shall be ree

rom any orm o harassment and discrimination.

Section 11.#unds certied by the "ommission as necessary to

deray the expenses or holding regular and special elections,

plebiscites, initiatives, reerenda, and recalls, shall be provided in

the regular or special appropriations and, once approved, shall be

released automatically upon certication by the "hairman o the

"ommission

Citi'en (artici(ation and electoral ri)ts.

+ost(one,ent of election

Section 6 Postponement o election. ) ?hen or any serious cause

such as violence, terrorism, loss or destruction o election

paraphernalia or records, orce ma*eure, and other analogous

causes o such a nature that the holding o a ree, orderly and

honest election should become impossible in any political

subdivision, the "ommission, motu proprio or upon a veried

petition by any interested party, and ater due notice and hearing,

whereby all interested parties are aforded equal opportunity to be

heard, shall postpone the election therein to a date which should be

reasonably close to the date o the election not held, suspended orwhich resulted in a ailure to elect but not later than thirty days


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ater the cessation o the cause or such postponement or

suspension o the election or ailure to elect.

-ailure of election

Section ; #ailure o election. ) 1, on account o orce ma*eure,violence, terrorism, raud, or other analogous causes the election inany polling place has not been held on the date xed, or had beensuspended beore the hour xed by law or the closing o thevoting, or ater the voting and during the preparation and thetransmission o the election returns or in the custody or canvassthereo, such election results in a ailure to elect, and in any o suchcases the ailure or suspension o election would afect the result othe election, the "ommission shall, on the basis o a veriedpetition by any interested party and ater due notice and hearing,call or the holding or continuation o the election not held,suspended or which resulted in a ailure to elect on a date

reasonably close to the date o the election not held, suspended orwhich resulted in a ailure to elect but not later than thirty daysater the cessation o the cause o such postponement orsuspension o the election or ailure to elect.


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.Election of +u/lic Officials

Election of +resident and Vice#+resident

Section 4. 7egular election or President and @ice)President. ) !heregular election or President and @ice)President o the Philippinesshall be held on the rst +onday o +ay ineteen hundred eightyseven A>=, &rticle @111 o the "onstitution and shall become lawupon its approval on third reading by the atasang Pambansa.&ppropriations or the special election shall be charged against anycurrent appropriations and shall be exempt rom the requirementso paragraph A5B, Section ; o &rticle @111 o the "onstitution. !heconvening o the atasang Pambansa cannot be suspended nor thespecial election postponed. o special election shall be called i thevacancy occurs within seventy days beore the date o thepresidential election o >=


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atasang Pambansa shall be allowed, sub*ect to the provisions othe succeeding section.

Section = Preservation o ballot boxes, their :eys, and dispositiono their contents. ) $ntil ater the completion by the atasangPambansa o the canvassing o the votes and until an uncontestedproclamation o the President)elect and @ice)President)elect shallhave been obtained, the provincial, city or district board o

canvassers under the *oint responsibility with the provincial, city ormunicipal treasurers shall provide or the sae:eeping and storageo the ballot boxes in a sae and closed chamber secured by ourpadloc:s2 one to be provided by the corresponding board chairman8one by the provincial or city treasurer concerned8 and one each bythe ruling party and the accredited dominant opposition politicalparty.

Section > ?hen certicate o canvass is incomplete or bearserasures or alterations. ) ?hen the certicate o canvass, dulycertied by the board o canvassers o each province, city ordistrict in +etropolitan +anila and transmitted to the Spea:er o the

atasang Pambansa, as provided in the "onstitution, appears to beincomplete, the Spea:er shall require the board o canvassersconcerned to transmit to his o'ce, by personal delivery, theelection returns rom polling places that were not included in thecerticate o canvass and supporting statements. Said electionreturns shall be submitted by personal delivery to the Spea:erwithin two days rom receipt o notice. ?hen it appears that anycerticate o canvass or supporting statement o votes by pollingplace bears erasures or alterations which may cast doubt as to theveracity o the number o votes stated therein and may afect theresult o the election, the atasang Pambansa upon request o thePresidential or @ice)Presidential candidate concerned or his party

shall, or the sole purpose o veriying the actual number o votescast or President or @ice)President, count the votes as they appearin the copies o the election returns or the "ommission. #or thispurpose, the Spea:er shall require the "ommission to deliver itscopies o the election returns to the atasang Pambansa.

Election of 0e,/ers of Con)ress

ARTICLE XVIII

TRANSITOR% PROVISIONS

Section 1.!he rst elections o +embers o the "ongress under

this "onstitution shall be held on the second +onday o +ay, >=>/.

0 the Senators elected in the elections in >>/, the rst twelve

obtaining the highest number o votes shall serve or six years and

the remaining twelve or three years.

Election of Local OfficialsARTICLE XVIII

TRANSITOR% PROVISIONS

Section 1.!he rst elections o +embers o the "ongress under

this "onstitution shall be held on the second +onday o +ay, >=


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consecutive terms. @oluntary renunciation o the o'ce or anylength o time shall not be considered as an interruption in thecontinuity o his service or the ull term or which he was elected.

Election of aran)ay Officials

Eaws postponing barangay electionsA%ver changing schedule o arangay electionsB

) 7epublic &ct o. ;;64) 7epublic &ct ;;) 7epublic &ct o. =6/5) 7epublic &ct o. >;5) 7epublic &ct o. >45D


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. 2e Co,elec

2e Co,elec

Co,(ositionC. T"E COMMISSION ON ELECTIONS

Section 1.

. !here shall be a "ommission on %lections composed o a"hairman and six "ommissioners who shall be natural)born

citizens o the Philippines and, at the time o their

appointment, at least thirty)ve years o age, holders o a

college degree, and must not have been candidates or any

elective positions in the immediately preceding elections.

-owever, a ma*ority thereo, including the "hairman, shall

be members o the Philippine ar who have been engaged

in the practice o law or at least ten years.

/. !he "hairman and the "ommissioners shall be appointed by

the President with the consent o the "ommission on

&ppointments or a term o seven years without

reappointment. 0 those rst appointed, three +embers

shall hold o'ce or seven years, two +embers or ve years,

and the last +embers or three years, without

reappointment. &ppointment to any vacancy shall be only

or the unexpired term o the predecessor. 1n no case shall

any +ember be appointed or designated in a temporary or

acting capacity.

Section 2.!he "ommission on %lections shall exercise theollowing powers and unctions2

. %norce and administer all laws and regulations relative to

the conduct o an election, plebiscite, initiative, reerendum,

and recall.

/. %xercise exclusive original *urisdiction over all contests

relating to the elections, returns, and qualications o all

elective regional, provincial, and city o'cials, and appellate

*urisdiction over all contests involving elective municipalo'cials decided by trial courts o general *urisdiction, or

involving elective barangay o'cials decided by trial courts

o limited *urisdiction.

3ecisions, nal orders, or rulings o the "ommission on

election contests involving elective municipal and barangay

o'ces shall be nal, executory, and not appealable.

4. 3ecide, except those involving the right to vote, allquestions afecting elections, including determination o the

number and location o polling places, appointment o

election o'cials and inspectors, and registration o voters.

5. 3eputize, with the concurrence o the President, law

enorcement agencies and instrumentalities o the

(overnment, including the &rmed #orces o the Philippines,

or the exclusive purpose o ensuring ree, orderly, honest,

peaceul, and credible elections.

6. 7egister, ater su'cient publication, political parties,

organizations, or coalitions which, in addition to other

requirements, must present their platorm or program o

government8 and accredit citizens9 arms o the "ommission

on %lections. 7eligious denominations and sects shall not be

registered. !hose which see: to achieve their goals through

violence or unlawul means, or reuse to uphold and adhere

to this "onstitution, or which are supported by any oreign

government shall li:ewise be reused registration.

#inancial contributions rom oreign governments and theiragencies to political parties, organizations, coalitions, or

candidates related to elections, constitute intererence in

national afairs, and, when accepted, shall be an additional

ground or the cancellation o their registration with the

"ommission, in addition to other penalties that may be

prescribed by law.

;. #ile, upon a veried complaint, or on its own initiative,

petitions in court or inclusion or exclusion o voters8

investigate and, where appropriate, prosecute cases o


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violations o election laws, including acts or omissions

constituting election rauds, ofenses, and malpractices.


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V. Candidates and certificates of candidacy

3ualifications

Secs. ;4) , >6, >;, >< and D58 or

AeB violated any o Sections =D, =4, =6, =; and /;,paragraphs d, e, :, v, and cc, subparagraph ;, shall be disqualiedrom continuing as a candidate, or i he has been elected, romholding the o'ce. &ny person who is a permanent resident o or animmigrant to a oreign country shall not be qualied to run or anyelective o'ce under this "ode, unless said person has waived hisstatus as permanent resident or immigrant o a oreign country inaccordance with the residence requirement provided or in theelection laws.

Section ;>. uisance candidates. ) !he "ommission may motuproprio or upon a veried petition o an interested party, reuse to

give due course to or cancel a certicate o candidacy i it is shownthat said certicate has been led to put the election process inmoc:ery or disrepute or to cause conusion among the voters bythe similarity o the names o the registered candidates or by othercircumstances or acts which clearly demonstrate that the candidatehas no bona de intention to run or the o'ce or which thecerticate o candidacy has been led and thus prevent a aithuldetermination o the true will o the electorate.

Section


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disqualication by reason o violation o this &ct to the end that anal decision shall be rendered not later than seven days beorethe election in which the disqualication is sought.&ny candidate who has been declared by nal *udgment to bedisqualied shall not be voted or, and the votes cast or him shallnot be counted. evertheless, i or any reason, a candidate is notdeclared by nal *udgment beore an election to be disqualied andhe is voted or and receives the winning number o votes in such

election, his violation o the provisions o the preceding sectionsshall not prevent his proclamation and assumption to o'ce.

Section


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AdB #or punong barangay or :agawad ng sangguniangbarangay, the certicates o candidacy shall be led in accordancewith the provisions o Section 4> o &rticle @1 o this "ode.!he duly authorized receiving o'cer shall immediately send theoriginal copy o all certicates o candidacy received by him to the"ommission.

Section


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AaB !hose sentenced by nal *udgment or an ofenseinvolving moral turpitude or or an ofense punishable byone AB year or more o imprisonment, within two A/B yearsater serving sentence8

AbB !hose removed rom o'ce as a result o anadministrative case8

AcB !hose convicted by nal *udgment or violating the oatho allegiance to the 7epublic8

AdB !hose with dual citizenship8

AeB #ugitives rom *ustice in criminal or non)political caseshere or abroad8

AB Permanent residents in a oreign country or those whohave acquired the right to reside abroad and continue toavail o the same right ater the efectivity o this "ode8 and

AgB !he insane or eeble)minded.

Certificate of Candidacy

Sec.


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sector which he see:s to represent8 the political party to which hebelongs8 civil status8 his date o birth8 residence8 his post o'ceaddress or all election purposes8 his proession or occupation8 thathe will support and deend the "onstitution o the Philippines andwill maintain true aith and allegiance thereto8 that he will obey thelaws, legal orders, and decrees promulgated by the dulyconstituted authorities8 that he is not a permanent resident orimmigrant to a oreign country8 that the obligation imposed by hisoath is assumed voluntarily, without mental reservation or purposeo evasion8 and that the acts stated in the certicate o candidacyare true to the best o his :nowledge.$nless a candidate has o'cially changed his name through a courtapproved proceeding, a certicate shall use in a certicate ocandidacy the name by which he has been baptized, or i has notbeen baptized in any church or religion, the name registered in theo'ce o the local civil registrar or any other name allowed underthe provisions o existing law or, in the case o a +uslim, his -ad*iname ater perorming the prescribed religious pilgrimage2Provided, !hat when there are two or more candidates or an o'cewith the same name and surname, each candidate, upon being

made aware or such act, shall state his paternal and maternalsurname, except the incumbent who may continue to use the nameand surname stated in his certicate o candidacy when he waselected. -e may also include one nic:name or stage name bywhich he is generally or popularly :nown in the locality.!he person ling a certicate o candidacy shall also a'x his latestphotograph, passport size8 a statement in duplicate containing hisbio)data and program o government not exceeding one hundredwords, i he so desires.

Section


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cancel a certicate o candidacy may be led by the personexclusively on the ground that any material representationcontained therein as required under Section


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V. Dis4ualification Of Candidates% 5rounds" +rocedure

And Effects Of 6

Secs. ;=,;>,


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Section


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.Ca,(ai)n% Election +ro(a)anda% Contri/utions And

E7(enditures

Secs. )/

&7!1"E% I"&+P&1( &3 %E%"!10 P70P&(&3&Section . 3enitions. ) &s used in this "ode2

AaB !he term JcandidateJ reers to any person aspiring or orsee:ing an elective public o'ce, who has led a certicate ocandidacy by himsel or through an accredited political party,aggroupment, or coalition o parties8AbB !he term Jelection campaignJ or Jpartisan political activityJreers to an act designed to promote the election or deeat o aparticular candidate or candidates to a public o'ce which shallinclude2

AB #orming organizations, associations, clubs, committeesor other groups o persons or the purpose o soliciting votesandHor underta:ing any campaign or or against acandidate8

A/B -olding political caucuses, conerences, meetings,rallies, parades, or other similar assemblies, or the purposeo soliciting votes andHor underta:ing any campaign orpropaganda or or against a candidate8A4B +a:ing speeches, announcements or commentaries, orholding interviews or or against the election o anycandidate or public o'ce8A5B Publishing or distributing campaign literature ormaterials designed to support or oppose the election o anycandidate8 orA6B 3irectly or indirectly soliciting votes, pledges or supportor or against a candidate.

!he oregoing enumerated acts i perormed or the purpose oenhancing the chances o aspirants or nomination or candidacy toa public o'ce by a political party, aggroupment, or coalition oparties shall not be considered as election campaign or partisanelection activity.Public expressions or opinions or discussions o probable issues in aorthcoming election or on attributes o or criticisms againstprobable candidates proposed to be nominated in a orthcomingpolitical party convention shall not be construed as part o anyelection campaign or partisan political activity contemplated underthis &rticle.Section =D. %lection campaign or partisan political activity outside

campaign period. ) 1t shall be unlawul or any person, whether or

not a voter or candidate, or or any party, or association o persons,to engage in an election campaign or partisan political activityexcept during the campaign period2 Provided, !hat political partiesmay hold political conventions or meetings to nominate theiro'cial candidates within thirty days beore the commencement othe campaign period and orty)ve days or Presidential and @ice)Presidential election.

Section =. 1ntervention o oreigners. ) 1t shall be unlawul or anyoreigner, whether *udicial or natural person, to aid any candidateor political party, directly or indirectly, or ta:e part in or inGuence inany manner any election, or to contribute or ma:e any expenditurein connection with any election campaign or partisan politicalactivity.

Section =/. Eawul election propaganda. ) Eawul electionpropaganda shall include2AaB Pamphlets, leaGets, cards, decals, stic:ers or other written orprinted materials o a size not more than eight and one)hal inchesin width and ourteen inches in length8AbB -andwritten or printed letters urging voters to vote or oragainst any particular candidate8AcB "loth, paper or cardboard posters, whether ramed or posted,with an area exceeding two eet by three eet, except that, at thesite and on the occasion o a public meeting or rally, or inannouncing the holding o said meeting or rally, streamers notexceeding three eet by eight eet in size, shall be allowed2Provided, !hat said streamers may not be displayed except onewee: beore the date o the meeting or rally and that it shall beremoved within seventy)two hours ater said meeting or rally8 orAdB &ll other orms o election propaganda not prohibited by this"ode as the "ommission may authorize ater due notice to all

interested parties and hearing where all the interested parties weregiven an equal opportunity to be heard2 Provided, !hat the"ommission9s authorization shall be published in two newspaperso general circulation throughout the nation or at least twice withinone wee: ater the authorization has been granted.

Section =4. 7emoval, destruction or deacement o lawul electionpropaganda prohibited. ) 1t shall be unlawul or any person duringthe campaign period to remove, destroy, obliterate, or in anymanner deace or tamper with, or prevent the distribution o lawulelection propaganda.

Section =5. 7equirements or published or printed electionpropaganda. ) &ny newspaper, newsletter, newswee:ly, gazette or


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magazine advertising, posters, pamphlets, circulars, handbills,bumper stic:ers, streamers, simple list o candidates or anypublished or printed political matter or or against a candidate orgroup o candidates to any public o'ce shall bear and be identiedby the words Jpaid or byJ ollowed by the true and correct nameand address o the payor and by the words Jprinted byJ ollowed bythe true and correct name and address o the printer.

Section =6. Prohibited orms o election propaganda. ) 1t shall beunlawul2AaB !o print, publish, post or distribute any poster, pamphlet,circular, handbill, or printed matter urging voters to vote or oragainst any candidate unless they bear the names and addresseso the printer and payor as required in Section =5 hereo8AbB !o erect, put up, ma:e use o, attach, Goat or display anybillboard, tinplate)poster, balloons and the li:e, o whatever size,shape, orm or :ind, advertising or or against any candidate orpolitical party8AcB !o purchase, manuacture, request, distribute or accept electoralpropaganda gadgets, such as pens, lighters, ans o whatevernature, Gashlights, athletic goods or materials, wallets, shirts, hats,bandanas,matches, cigarettes and the li:e, except that campaign supportersaccompanying a candidate shall be allowed to wear hats andHorshirts or !)shirts advertising a candidate8AdB !o show or display publicly any advertisement or propagandaor or against any candidate by means o cinematography, audio)visual units or other screen pro*ections except telecasts which maybe allowed as hereinater provided8 andAeB #or any radio broadcasting or television station to sell or giveree o charge air time or campaign and other political purposesexcept as authorized in this "ode under the rules and regulations

promulgated by the "ommission pursuant thereto.&ny prohibited election propaganda gadget or advertisement shallbe stopped, conscated or torn down by the representative o the"ommission upon specic authority o the "ommission. Section =;.7egulation o election propaganda through mass media. )

AaB !he "ommission shall promulgate rules and regulationsregarding the sale o air time or partisan political purposesduring the campaign period to insure the equal time as toduration and quality in available to all candidates or thesame o'ce or political parties at the same rates or givenree o charge8 that such rates are reasonable and nothigher than those charged other buyers or users o air time

or non)political purposes8 that the provisions o this "ode

regarding the limitation o expenditures by candidates andpolitical parties andcontributions by private persons, entities and institutionsare efectively enorced8 and to ensure that said radiobroadcasting and television stations shall not unduly allowthe scheduling o any program or permit any sponsor tomaniestly avor or oppose any candidate or political partyby unduly or repeatedly reerring to or including saidcandidate andHor political party in such program respecting,however, in all instances the right o said stations tobroadcast accounts o signicant or newsworthy events andviews on matters o public interest.AbB &ll contracts or advertising in any newspaper,magazine, periodical or any orm o publication promoting oropposing the candidacy o any person or public o'ce shall,beore its implementation, be registered by said newspaper,magazine, periodical or publication with the "ommission. 1nevery case, it shall be signed by the candidate concerned orby the duly authorized representative o the political party.AcB o ranchise or permit to operate a radio or televisionstation shall be granted or issued, suspended or cancelledduring the election period.

&ny radio or television stations, including that owned or controlledby the (overnment, shall give ree o charge equal time andprominence to an accredited political party or its candidates i itgives ree o charge air time to an accredited political party or itscandidates or political purposes.

1n all instances, the "ommission shall supervise the use andemployment o press, radio and television acilities so as to givecandidates equal opportunities under equal circumstances to ma:e

:nown their qualications and their stand on public issues withinthe limits set orth in this "ode on election spending.

7ules and regulations promulgated by the "ommission under andby authority o this section shall ta:e efect on the seventh dayater their publication in at least two daily newspapers o generalcirculation.

Prior to the efectivity o said rules and regulations, no politicaladvertisement or propaganda or or against any candidate orpolitical party shall be published or broadcast through the massmedia.


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AbB !he term JexpenditureJ includes the payment or delivery omoney o anything o value, or a contract, promise or agreement toma:e an expenditure, or the purpose o inGuencing the results othe election. 1t shall also include the use o acilities personallyowned by the candidate, the money value o the use o which canbe assessed based on the rates prevailing in the area.

AcB !he term JpersonJ includes an individual, partnership,committee, association, corporation, and any other organization orgroup o persons.

Section >6. Prohibited contributions. ) o contribution or purposeso partisan political activity shall be made directly or indirectly byany o the ollowing2

AaB Public or private nancial institutions2 Provided, however, !hatnothing herein shall prevent the ma:ing o any loan to a candidateor political party by any such public or private nancial institutionslegally in the business o lending money, and that the loan is madein accordance with laws and regulations and in the ordinary courseobusiness8

AbB atural and *uridical persons operating a public utility or inpossession o or exploiting any natural resources o the nation8

AcB atural and *uridical persons who hold contracts or sub)contracts to supply the government or any o its divisions,subdivisions or instrumentalities, with goods or services or toperorm construction or other wor:s8

AdB atural and *uridical persons who have been granted ranchises,incentives, exemptions, allocations or similar privileges orconcessions by the government or any o its divisions, subdivisionsor instrumentalities, including government)owned or controlledcorporations8

AeB atural and *uridical persons who, within one year prior to thedate o the election, have been granted loans or otheraccommodations in excess o PDD,DDD by the government or anyo its divisions, subdivisions or instrumentalities includinggovernment)owned or controlled corporations8

AB %ducational institutions which have received grants o publicunds amounting to no less than PDD,DDD.DD8

AgB 0'cials or employees in the "ivil Service, or members o the&rmed #orces o the Philippines8 and

AhB #oreigners and oreign corporations.

1t shall be unlawul or any person to solicit or receive anycontribution rom any o the persons or entities enumerated herein.

Section >;. Soliciting or receiving contributions rom oreignsources. ) 1t shall be unlawul or any person, including a politicalparty or public or private entity to solicit or receive, directly orindirectly, any aid or contribution o whatever orm or nature romany oreign national, government or entity or the purposes oinGuencing the results o the election.

Section >


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report under oath stating the amount o each contribution, thename o the candidate, agent o the candidate or political partyreceiving the contribution, and the date o the contribution.

Section DD. Eimitations upon expenses o candidates. ) ocandidate shall spend or his election campaign an aggregateamount exceeding one peso and ty centavos or every votercurrently registered in the constituency where he led hiscandidacy2 Provided, !hat the expenses herein reerred to shallinclude those incurred or caused to be incurred by the candidate,whether in cash or in :ind, including the use, rental or hire o land,water or aircrat, equipment, acilities, apparatus and paraphernaliaused in the campaign2 Provided, urther, !hat where the land, wateror aircrat, equipment, acilities, apparatus and paraphernalia usedis owned by the candidate, his contributor or supporter, the"ommission is hereby empowered to assess the amountcommensurate with the expenses or the use thereo, based on theprevailing rates in the locality and shall be included in the totalexpenses incurred by the candidate.

Section D. Eimitations upon expenses o political parties. ) & dulyaccredited political party may spend or the election o itscandidates in the constituency or constituencies where it haso'cial candidates an aggregate amount not exceeding theequivalent o one peso and ty centavos or every voter currentlyregistered therein. %xpenses incurred by branches, chapters, orcommittees o such political party shall be included in thecomputation o the total expenditures o the political party.

%xpenses incurred by other political parties shall be considered asexpenses o their respective individual candidates and sub*ect tolimitation under Section DD o this "ode. Section D/. Eawulexpenditures. ) !o carry out the ob*ectives o the precedingsections, no candidate or treasurer o a political party shall, directlyor indirectly, ma:e any expenditure except or the ollowingpurposes2

AaB #or travelling expenses o the candidates and campaignpersonnel in the course o the campaign and or personalexpenses incident thereto8AbB #or compensation o campaigners, cler:s, stenographers,messengers, and other persons actually employed in the

campaign8

AcB #or telegraph and telephone tolls, postage, reight andexpress delivery charges8AdB #or stationery, printing and distribution o printedmatters relative to candidacy8AeB #or employment o watchers at the polls8AB #or rent, maintenance and urnishing o campaignheadquarters, o'ce or place o meetings8AgB #or political meetings and rallies and the use o soundsystems, lights and decorations during said meetings andrallies8AhB #or newspaper, radio, television and other publicadvertisements8AiB #or employment o counsel, the cost o which shall not beta:en into account in determining the amount o expenseswhich a candidate or political party may have incurredunder Section DD and D hereo8A*B #or copying and classiying list o voters, investigatingand challenging the right to vote o persons registered in thelists the costs o which shall not be ta:en into account indetermining the amount o expenses which a candidate orpolitical party may have incurred under Sections DD andD hereo8 orA:B #or printing sample ballots in such color, size andmaximum number as may be authorized by the "ommissionand the cost o such printing shall not be ta:en into accountin determining the amount o expenses which a candidate orpolitical party may have incurred under Sections DD andD hereo.

Section D4. Persons authorized to incur election expenditures. ) operson, except the candidate, the treasurer o a political party orany person authorized by such candidate or treasurer, shall ma:eany expenditure in support o or in opposition to any candidate orpolitical party. %xpenditures duly authorized by the candidate or thetreasurer o the party shall be considered as expenditures o suchcandidate or political party.

!he authority to incur expenditures shall be in writing, copy owhich shall be urnished the "ommission signed by the candidateor the treasurer o the party and showing the expenditures soauthorized, and shall state the ull name and exact address o theperson so designated.


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Section D5. Prohibited donations by candidates, treasurers oparties or their agents. ) o candidate, his or her spouse or anyrelative within the second civil degree o consanguinity or a'nity,or his campaign manager, agent or representative shall during thecampaign period, on the day beore and on the day o the election,directly or indirectly, ma:e any donation, contribution or git in cashor in :ind, or underta:e or contribute to the construction or repairo roads, bridges, school buses, puericulture centers, medicalclinics and hospitals, churches or chapels cement pavements, orany structure or public use or or the use o any religious or civicorganization2 Provided, !hat normal and customary religious duesor contributions, such as religious stipends, tithes or collections onSundays or other designated collection days, as well as periodicpayments or legitimate scholarships established and schoolcontributions habitually made beore the prohibited period, areexcluded rom the prohibition.

!he same prohibition applies to treasurers, agents orrepresentatives o any political party.

Section D6. &ccounting by agents o candidate or treasurer. )%very person receiving contributions or incurring expenditures byauthority o the candidate or treasurer o the party shall, ondemand by the candidate or treasurer o the party and in any eventwithin ve days ater receiving such contribution or incurring suchexpenditure, render to the candidate or the treasurer o the partyconcerned, a detailed account thereo with proper vouchers oro'cial receipts.

Section D;. 7ecords o contributions and expenditures. )AaB 1t shall be the duty o every candidate, treasurer o thepolitical party and person acting under the authority o suchcandidate or treasurer to issue a receipt or everycontribution received and to obtain and :eep a receiptstating the particulars o every expenditure made.

AbB %very candidate and treasurer o the party shall :eepdetailed, ull, and accurate records o all contributionsreceived and expenditures incurred by him and by thoseacting under his authority, setting orth therein allinormation required to be reported.

AcB %very candidate and treasurer o the party shall beresponsible or the preservation o the records o

contributions and expenditures, together with all pertinentdocuments, or at least three years ater the holding o theelection to which they pertain and or their production orinspection by the "ommission or its duly authorizedrepresentative, or upon presentation o a subpoena ducestecum duly issued by the "ommission. #ailure o thecandidate or treasurer to preserve such records ordocuments shall be deemed prima acie evidence oviolation o the provisions o this &rticle.

Section D


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!he provincial election supervisors and election registrarsconcerned shall, within teen days ater the last day or the lingo the statements, send to the "ommission duplicate copies o allstatements led with them.

Section D>. #orm and contents o statement. ) !he statement shallbe in writing, subscribed and sworn to by the candidate or by thetreasurer o the party, shall be complete as o the date nextpreceding the date o ling and shall set orth in detail

AaB the amount o contribution, the date o receipt, and theull name and exact address o the person rom whom thecontribution was received8

AbB the amount o every expenditure, the date thereo, theull name and exact address o the person to whompayment was made, and the purpose o the expenditure8

AcB any unpaid obligation, its nature and amount, and towhom said obligation is owing8 and

AdB such other particulars which the "ommission mayrequire.

1 the candidate or treasurer o the party has received nocontribution, made no expenditure, or has no pending obligation,the statement shall reGect such act.

Section D. Preservation and inspection o statements. ) &llstatements o contributions and expenditures shall be :ept andpreserved at the o'ce where they are led and shall constitutepart o the public records thereo or three years ater the electionto which they pertain. !hey shall not be removed thererom exceptupon order o the "ommission or o a competent court and shall,during regular o'ce hours, be sub*ect and open to inspection bythe public. !he o'cer incharge thereo, shall, on demand, urnishcertied copies o any statement upon payment o the eeprescribed under Section /


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&. Election% oard Of Election ns(ectors 8ei% :atcers

Sec. 4, 7& ;;5; !he %lectoral 7eorms Eawo >===< "onstitution

Section


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Sec. 4. "ounter)Protest or "ounterclaim. ) !he protestee mayincorporate in his answer a counter)protest or a counterclaim.

Sec. 5. (eneral 3enial. ) 1 no answer is led to the protest orcounter)protest, a general denial shall be deemed to have beenentered.

Sec. 6. Protestant9s 7eply. ) !he protestant may le a reply.

Sec. ;. 7evision o allots. ) ?hen the allegations in a protest orcounter)protest so warrant, or whenever in the opinion o the"ommission or 3ivision the interest o *ustice so demands, it shallimmediately order the ballot boxes containing ballots and their:eys, list o voters with voting records, boo: o voters, and otherdocuments used in the election to be brought beore the"ommission, and shall order the revision o the ballots.

Sec. . @enue o the 7evision. ) !he revision o ballots shall be

made in the 0'ce o the "ler: o "ourt concerned or at such places

as the "ommission or 3ivision shall designate and shall becompleted within three A4B months rom the date o the order8unless otherwise directed by the "ommission.

Sec. D. "ustody o %lection 7ecords and Paraphernalia. ) !he ballotboxes containing ballots and their :eys, the list o voters with thevoting records, boo: o voters, and other documents used in theelection, shall be :ept and held secure in a place to be designated

by the "ommission, in the care and custody o the ballot boxcustodian o the %lectoral "ontests &d*udication 3epartment andunder the authority o the "hairman.

Sec. . 7eport o "ommittee on 7evision. ) !he committee onrevision o ballots shall ma:e a statement o the condition in whichthe ballot boxes and their contents were ound upon the opening othe same, and shall classiy the ballots so examined and set orthclearly any ob*ection that may have been ofered to each ballot inthe report to be submitted by them. 3isputed ballots shall benumbered consecutively or purposes o identication in the

presence and under the direction o the committee chairman. &terexamination, the ballots and other election documents shall bereturned to their respective boxes under loc: but disputed ballotsshall be placed in a separate envelope duly sealed and signed bythe members o the committee and then returned to the box. #orpurposes o ma:ing said report, which shall be submitted in twelveA/B legible copies, only the prescribed orm prepared by the"ommission shall be used.

Sec. /. Prohibited &ccess. ) 3uring the revision o ballots, noperson other than the +embers o the "ommission, members o the

committee on revision o ballots, the "ler: o "ourt concerned orthe latter9s authorized representatives and the parties, theirattorney or their duly authorized representatives shall have accessto the place where said revision is ta:ing place.

Sec. 4. oo: o @oters as %vidence. ) 1n election contests, the boo:o voters shall be conclusive in regard to the question as to who hasthe right to vote in said election.

7ule /=, Part @, "omelec 7ules o Procedure


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7ule /= ) "ertiorari, Prohibition and +andamus

Sec. . ?hen &vailable. ) 1n aid o its appellate *urisdiction inelection cases beore courts o general *urisdiction relating to theelections, returns and qualications o elective +unicipal o'cials,and beore courts o limited *urisdiction in cases relating to theelections, returns and qualications o elective barangay o'cials,the "ommission en banc may hear and decide petitions orcertiorari, prohibition or mandamus.

Sec. /. Petition or "ertiorari or Prohibition. ) ?hen any court or*udge hearing election cases has acted without or in excess o its orhis *urisdiction or with grave abuse o discretion and there is noappeal, nor any plain, speedy, and adequate remedy in theordinary course o law, a person aggrieved thereby may le apetition or certiorari or prohibition with the "ommission allegingthe acts with certainty and praying that *udgment be renderedannulling or modiying the proceedings, as the law requires, o suchcourt or *udge, or commanding it or him to desist rom urtherproceeding with the action or matter specied therein, as the case

may be.!he petition shall be accompanied by a certied true copy o the*udgment or order sub*ect thereo, together with all pleadings anddocuments relevant and pertinent thereto.

Sec. 4. Petition or +andamus. ) ?hen a court or *udge in anelection case unlawully neglects the perormance o an act whichthe law specically en*oins as a duty resulting rom his o'ce inrelation to such case and there is no other plain, speedy andadequate remedy in the ordinary course o law, the personaggrieved thereby may le a petition with the "ommission allegingthe acts with certainty and praying that *udgment be renderedcommanding the respondent immediately or at some otherspecied time to do the act required to be done to protect therights o the petitioner and to pay the damages sustained by thepetitioner by reason o the acts complained o.

Sec. 5. 3uty o "ler: o "ourt o the "ommission. ) $pon the lingo the petition, the "ler: o "ourt concerned shall calendar the caseor en banc ex)parte hearing o the "ommission to determine i it is

su'cient in orm and substance.

Sec. 6. 0rder to &nswer. ) 1 the "ommission en banc shalldetermine that the petition is su'cient in orm and substance, itshall issue an order requiring the respondent to answer the petitionwithin ten ADB days rom receipt o a copy thereo. Such order shallbe served on the respondent in such manner as the "ommissionmay direct, together with a copy o the petition.

Sec. ;. Proceedings &ter &nswer. ) 0nce an answer is led, or thetime or its ling has expired, the "ommission may order theproceedings complained o to be orthwith certied or review andshall hear the case, and i ater such hearing the "ommission ndsthat the allegations are true, it shall render *udgment or such relieprayed as the petitioner is entitled to, with or without costs, as*ustice requires.

7ule 46 Part @1, "omelec 7ules o Procedure

7ule 46 ) %lection "ontests eore "ourts o (eneral Curisdiction.Section . 0riginal Curisdiction o 7egional !rial "ourts. ) 7egionaltrial courts shall have exclusive original *urisdiction over contestsrelating to the elections, returns and qualications involvingelective municipal o'cials.

Sec. /. #iling o %lection "ontests. ) & petition contesting theelection o any municipal o'cial shall be led with the proper7egional !rial "ourt or mailed at the post o'ce as registered matter

addressed to said "ourt, together with six A;B legible copies thereo,by any candidate or the same o'ce who has duly led a certicateo candidacy and who was voted in the election. %ach contest shallreer exclusively to one o'ce, but contests or o'ces o theSangguniang ayan may be consolidated in one case.

Sec. 4. Period to #ile Petition. ) !he petition shall be led within tenADB days ollowing the date o proclamation o the results o theelection.


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Sec. 5. 3esignation o Parties. ) !he party bringing the action shallbe designated as the Protestant, and the party against whom theaction is brought shall be designated as the Protestee.

Sec. 6. 3uty o "ler: o "ourt to 1ssue otice and Serve "opy oPetition. ) 1t shall be the duty o the "ler: o "ourt o the trial courtto serve notice and a copy o the petition by means o summonsupon each respondent within ve A6B days ater the ling thereo.

Sec. ;. Petition to be @eried. ) &ll petitions shall be veried by theparties ling them or their attorneys.

&ny subsequent pleading based on acts which ought to be provedshall li:ewise be veried.

Sec. . #iling #ee. ) o protest, counter)protest, or protest)in)intervention shall be given due course without the payment o aling ee in the amount o three hundred pesos AP4DD.DDB or eachinterest.

%ach interest shall urther pay the legal research ee as required bylaw.

1 a claim or damages and attorney9s ees are set orth in a protest,counter)protest or protest)in)intervention, an additional ling eeshall be paid in accordance with the schedule provided or in the7ules o "ourt in the Philippines.

Sec. D. "ash 3eposit. KAaB 1n any protest, counter)protest or protest)in)intervention notrequiring ballot revision, the protestant, the counter)protestant, orintervenor, as the case may be, shall upon the payment o the lingee, ma:e a cash deposit in the amount o ve hundred pesosAP6DD.DDB which shall be applied to the payment o all expensesincidental to such protest, counter)protest or protest)in)intervention. ?hen circumstances so warrant, additional cashdeposits may be required. &ny unused balance thereo shall bereturned to the party ma:ing the deposit.

AbB 1n case revision o ballots is required, there shall be deposited,within ten days ater being required by the "ourt, the sum o threehundred pesos AP4DD.DDB or every ballot box or the consumptiono revisors at the rate o PDD.DD each.


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AcB #ailure to ma:e the cash deposits herein provided within theprescribed time limit shall result in the automatic dismissal o theprotest, counter)protest or protest)in)intervention, as the case maybe.AdB 1n case the party who has paid the expenses and costs wins, thecourt shall assess, levy and collect the same as costs rom thelosing party.

Sec. . Presentation and 7eception o %vidence. ) !he presentationand reception o evidence in election contests shall be made inaccordance with Section / o 7ule < o these 7ules, but the sameshall be completed within thirty A4DB days rom the date o thecommencement thereo.

Sec. /. "ustody o allot oxes, %lection 3ocuments andParaphernalia. ) ?here allegations in a protests, or counter)protestor protest)in)intervention so warrant, or whenever in the opinion othe "ourt the interest o *ustice so demands, it shall immediatelyorder the ballot boxes containing ballots and their :eys, list o

voters with voting records, boo:s o voters, and other documentsused in the election to be brought beore it. Said electiondocuments and paraphernalia shall be :ept and held secure in aplace to be designated by the "ourt in the care and custody o the"ler: o "ourt.

Sec. 4. 7evision o allots. ) #or the purpose o revision o ballots,the court shall appoint a committee composed o a chairman andtwo members, one member and his substitute to be proposed bythe protestant, and the other member and his substitute by theprotestee.

!he revision o the ballots by the "ommittee on revision shall bemade in the o'ce o the "ler: o "ourt or at such other place asmay be designated by it, but in every case under the "ourt9s strictsupervision.

!he revision o the ballots shall be completed within twenty A/DBdays rom the date o the order, unless otherwise directed by the"ourt, sub*ect to the time limits prescribed under Sec. and Sec.< o this 7ule.

Sec. 5. oo: o @oters as %vidence. ) !he boo: o voters shall beconclusive evidence in regard to the question as to who has theright to vote in said election.

Sec. 6. 7eport o the "ommittee on 7evision. ) !he committee onrevision shall ma:e a statement o the condition in which the ballotboxes and their contents were ound upon the opening o the same,classiy the ballots so examined, and set orth clearly any ob*ection

that may have been ofered to each ballot in the report to besubmitted by it. 3isputed ballots shall be numbered consecutivelyor purposes o identication in the presence and under thedirection o the o'cial designated by the "ourt. &ter examination,the ballots and other election documents shall be returned to theirrespective boxes, but disputed ballots shall be placed in a separateenvelope duly sealed and signed by the members o thecommittee, ater which said envelope shall then be returned to thebox. !hereater, the boxes shall be loc:ed. #or purposes o ma:ingthe report which shall be submitted in twelve A/B legible copies,the orm prescribed by the "ommission shall be ollowed.

Sec. ;. Prohibited &ccess. ) 3uring the revision o ballots noperson other than the Cudge, the "ler: o "ourt, members o thecommittee on revision o ballots, the parties, their duly authorizedrepresentatives shall have access to the place where said revisionis ta:ing place.

Sec.


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Sec. =. 3amages and &ttorney9s #ees in %lection "ontests. ) 1n allelection contests, the court may ad*udicate damages andattorney9s ee as it may deem *ust and as established by theevidence i the aggrieved party has included such claims in hispleadings.

Sec. >. Promulgation and #inality o 3ecision. ) !he decision o the"ourt shall be promulgated on a date set by it o which due notice

must be given the parties. 1t shall become nal ve A6B days aterits promulgation. o motion or reconsideration shall beentertained.

Sec. /D. otice o #inal 3ecision. ) &s soon as decision declaring theelection o the winner becomes nal, notice thereo shall be sent tothe "ommission on %lections, the 3epartment o Eocal (overnmentand the "ommission on &udit. 1 the decision be that none o theparties has been legally elected, the "ler: o "ourt shall certiysuch decision to the President o the Philippines and to the"ommission on %lections.

Sec. /. &ppeal. ) #rom any decision rendered by the court theaggrieved party may appeal to the "ommission on %lections withinve A6B days ater the promulgation o the decision.

Sec. //. Preerential 3isposition o "ontests. ) !he courts shall givepreerence to election contests over all other cases, except those ohabeas corpus.

"ity 0'cials A Sec /A/B. &rt 1I)", P"8 Sec /5>P ==B". !-% "0++1SS10 0 %E%"!10SSection /. !he "ommission on %lections shall exercise the ollowingpowers and unctions2

%xercise exclusive original *urisdiction over all contests relating tothe elections, returns, and qualications o all elective regional,provincial, and city o'cials, and appellate *urisdiction over allcontests involving elective municipal o'cials decided by trialcourts o general *urisdiction, or involving elective barangayo'cials decided by trial courts o limited *urisdiction.

Section //>. +anner o delivery and transmittal o election returns.)

AaB #or the city and municipal board o canvassers, the copyo the election returns o a polling place intended or the cityor municipal board o canvassers, duly placed inside asealed envelope signed and a'xed with the imprint o thethumb o the right hand o all the members o the board oelection inspectors, shall be personally delivered by the

members o the board o election inspectors to the city ormunicipal board o canvassers under proper receipt to besigned by all the members thereo.

AbB #or the provincial and district boards o canvassers in+etropolitan +anila, the copy o the election returns o apolling place intended or the provincial or district board ocanvassers in the case o +etropolitan +anila, shall bepersonally delivered by the members o the board oelection inspectors to the election registrar or transmittal tothe proper board o canvassers under proper receipt to besigned by all the members thereo.

!he election registrar concerned shall place all the returns intendedor the board o canvassers inside a ballot box provided with threepadloc:s whose :eys shall be :ept as ollows2 one by the electionregistrar, another by the representative o the ruling party and thethird by the representative o the dominant political oppositionparty.

#or this purpose, the two political parties shall designate theirrepresentatives whose names shall be submitted to the electionregistrar concerned on or beore the tenth day preceding theelection. !he three in possession o the :eys shall personally

transmit the ballot box, properly loc:ed, containing the electionreturns to the board o canvassers. ?atchers o political parties,coalition o political parties, and o organizations collectivelyauthorized by the "ommission to designate watchers shall have theright to accompany transmittal o the ballot boxes containing theelection returns.

1t shall be unlawul or any person to delay, obstruct, impede orprevent through orce, violence, coercion, intimidation or by anymeans which vitiates consent, the transmittal o the electionreturns or to ta:e away, abscond with, destroy, deace or mutilateor substitute the election returns or the envelope or the ballot box


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containing the election returns or to violate the right o thewatchers.

!he watchers o the political parties, coalition o political partiesand the candidates shall have the right to accompany the memberso the board o election inspectors or the election registrar inma:ing the delivery to the boards o canvassers.

+unicipal 0'cials A Sec /A/B, &rt 1I)", P"8Sec /6, P ==, +etropolitan !rial "ourt,+unicipal "ircuit !rial "ourt, and +unicipal!rial "ourt

arangay 0'cials N Sec /A/B, &rt 1I)", P"8

Sec /6/ P ==8O

Section /6. %lection contests or municipal o'ces. ) & swornpetition contesting the election o a municipal o'cer shall be ledwith the proper regional trial court by any candidate who has dulyled a certicate o candidacy and has been voted or the sameo'ce, within ten days ater proclamation o the results o theelection.

Sangguniang abataanA Sec , 7& 0%"

Section /;. Prohibited &cts. ) !he ollowing shall be guilty o anelection ofense2

AaB @ote)buying and vote)selling. )AB &ny person who gives, ofers or promises money oranything o value, gives or promises any o'ce oremployment, ranchise or grant, public or private, or ma:esor ofers to ma:e an expenditure, directly or indirectly, orcause an expenditure to be made to any person,association, corporation, entity, or community in order toinduce anyone or the public in general to vote or or against

any candidate or withhold his vote in the election, or to vote

or or against any aspirant or the nomination or choice o acandidate in a convention or similar selection process o apolitical party.A/B &ny person, association, corporation, group orcommunity who solicits or receives, directly or indirectly,any expenditure or promise o any o'ce or employment,public or private, or any o the oregoing considerations.

AbB "onspiracy to bribe voters. ) !wo or more persons, whether

candidates or not, who come to an agreement concerning thecommission o any violation o paragraph AaB o this section anddecide to commit it.

AcB ?agering upon result o election. ) &ny person who bets orwagers upon the outcome o, or any contingency connected withan election. &ny money or thing o value or deposit o money orthing o value situated anywhere in the Philippines put as such betor wager shall be oreited to the government.

AdB "oercion o subordinates. )AB &ny public o'cer, or any o'cer o any public or private

corporation or association, or any head, superior, oradministrator o any religious organization, or any employeror land)owner who coerces or intimidates or compels, or inany manner inGuence, directly or indirectly, any o hissubordinates or members or parishioners or employees orhouse helpers, tenants, overseers, arm helpers, tillers, orlease holders to aid, campaign or vote or or against anycandidate or any aspirant or the nomination or selection ocandidates.A/B &ny public o'cer or any o'cer o any commercial,industrial, agricultural, economic or social enterprise orpublic or private corporation or association, or any head,

superior or administrator o any religious organization, orany employer or landowner who dismisses or threatens todismiss, punishes or threatens to punish be reducing hissalary, wage or compensation, or by demotion, transer,suspension, separation, excommunication, e*ectment, orcausing him annoyance in the perormance o his *ob or inhis membership, any subordinate member or a'liate,parishioner, employee or house helper, tenant, overseer,arm helper, tiller, or lease holder, or disobeying or notcomplying with any o the acts ordered by the ormer to aid,campaign or vote or or against any candidate, or anyaspirant or the nomination or selection o candidates.


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AeB !hreats, intimidation, terrorism, use o raudulent device orother orms o coercion. ) &ny person who, directly or indirectly,threatens, intimidates or actually causes, inGicts or produces anyviolence, in*ury, punishment, damage, loss or disadvantage uponany person or persons or that o the immediate members o hisamily, his honor or property, or uses any raudulent device orscheme to compel or induce the registration or reraining romregistration o any voter, or the participation in a campaign orreraining or desistance rom any campaign, or the casting o any

vote or omission to vote, or any promise o such registration,campaign, vote, or omissionthererom.

AB "oercion o election o'cials and employees. ) &ny person who,directly or indirectly, threatens, intimidates, terrorizes or coercesany election o'cial or employee in the perormance o his electionunctions or duties.AgB &ppointment o new employees, creation o new position,promotion, or giving salary increases. ) 3uring the period o orty)ve days beore a regular election and thirty days beore a specialelection,

AB any head, o'cial or appointing o'cer o a governmento'ce, agency or instrumentality, whether national or local,including government)owned or controlled corporations,who appoints or hires any new employee, whetherprovisional, temporary or casual, or creates and lls anynew position, except uponprior authority o the "ommission.!he "ommission shall not grant the authority sought unless,it is satised that the position to be lled is essential to theproper unctioning o the o'ce or agency concerned, andthat the position shall not be lled in a manner that mayinGuence the election.

&s an exception to the oregoing provisions, a newemployee may be appointed in case o urgent need2Provided, however, !hat notice o the appointment shall begiven to the "ommission within three days rom the date othe appointment. &ny appointment or hiring in violation othis provision shall be null and void.

A/B &ny government o'cial who promotes, or gives anyincrease o salary or remuneration or privilegeto anygovernment o'cial or employee, including those ingovernment)owned or controlled corporations.

AhB !ranser o o'cers and employees in the civil service. ) &nypublic o'cial who ma:es or causes any transer or detail whatevero any o'cer or employee in the civil service including publicschool teachers, within the election period except upon priorapproval o the "ommission.

AiB 1ntervention o public o'cers and employees. ) &ny o'cer oremployee in the civil service, except those holding political o'ces8any o'cer, employee, or member or the &rmed #orces o the

Philippines, or any police orce, special orces, home deenseorces, barangay sel)deense units and all other para)military unitsthat now exist or which may hereater be organized who, directly orindirectly, intervenes in any election campaign or engages in anypartisan political activity, except to vote or to preserve public order,i he is a peace o'cer.

A*B $ndue inGuence. ) 1t is unlawul or any person to promise anyo'ce or employment, public or private, or to ma:e or ofer to ma:ean expenditure, directly or indirectly, or to cause an expenditure tobe made to any person, association, corporation or entity, whichmay induce anyone or the public in general either to vote or

withhold his vote, or to vote or or against any candidate in anyelection or any aspirant or the nomination or selection o an o'cialcandidate in a convention o a political party. 1t is li:ewise unlawulor any person, association, corporation or community, to solicit orreceive, directly or indirectly, any expenditure or promise or anyo'ce, or employment, public or private, or any o the oregoingconsiderations.

A:B $nlawul electioneering. ) 1t is unlawul to solicit votes orunderta:e any propaganda on the day o registration beore theboard o election inspectors and on the day o election, or oragainst any candidate or any political party within the polling place

and with a radius o thirty meters thereo.

AlB Prohibition against dismissal o employees, laborers, or tenants. )o employee or laborer shall be dismissed, nor a tenant be e*ectedrom his landholdings or reusing or ailing to vote or anycandidate o his employer or landowner. &ny employee, laborer ortenant so dismissed or e*ected shall be reinstated and the salary orwage o the employee or laborer, or the share o the harvest o thetenant, shall be restored to the aggrieved party upon application tothe proper court.

AmB &ppointment or use o special policemen, special agents,

condential agents or the li:e. ) 3uring the campaign period, on the


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day beore and on election day, any appointing authority whoappoints or any person who utilizes the services o specialpolicemen, special agents, condential agents or personsperorming similar unctions8 persons previously appointed asspecial policemen, special agents, condential agents or personsperorming similar unctions who continue acting as such, andthose who ail to turn over their rearms, uniorms, insignias andother badges o authority to the proper o'cer who issued thesame. &t the start o the aorementioned period, the barangay

chairman, municipal mayor, city mayor, provincial governor, or anyappointing authority shall submit to the "ommission a complete listo all special policemen, special agents, condential agents orpersons perorming similar unctions in the employ o theirrespective political subdivisions, with such particulars as the"ommission may require.

AnB 1llegal release o prisoners beore and ater election. ) !he3irector o the ureau o Prisons, any provincial warden, the :eepero the *ail or the person or persons required by law to :eepprisoners in their custody who illegally orders or allows any prisonerdetained in the national penitentiary, or the provincial, city or

municipal *ail to leave the premises thereo sixty days beore andthirty days ater the election. !he municipal or city warden, theprovincial warden, the :eeper o the *ail or the person or personsrequired by law to :eep prisoners in their custody shall post in threeconspicuous public places a list o the prisoners or detentionprisoners under their care. 3etention prisoners must be categorizedas such.

AoB $se o public unds, money deposited in trust, equipment,acilities owned or controlled by the government or an electioncampaign. ) &ny person who uses under any guise whatsoever,directly or indirectly, AB public unds or money deposited with, or

held in trust by, public nancing institutions or by governmento'ces, ban:s, or agencies8 A/B any printing press, radio, ortelevision station or audio)visual equipment operated by the(overnment or by its divisions, sub)divisions, agencies orinstrumentalities, including government)owned or controlledcorporations, or by the &rmed #orces o the Philippines8 or A4B anyequipment, vehicle, acility, apparatus, or paraphernalia owned bythe government or by its political subdivisions, agencies includinggovernment)owned or controlled corporations, or by the &rmed#orces o the Philippines or any election campaign or or anypartisan political activity.

ApB 3eadly weapons. ) &ny person who carries any deadly weaponin the polling place and within a radius o one hundred metersthereo during the days and hours xed by law or the registrationo voters in the polling place, voting, counting o votes, orpreparation o the election returns. -owever, in cases o afray,turmoil, or disorder, any peace o'cer or public o'cer authorizedby the "ommission to supervise the election is entitled to carryrearms or any other weapon or the purpose o preserving orderand enorcing the law.

AqB "arrying rearms outside residence or place o business. ) &nyperson who, although possessing a permit to carry rearms, carriesany rearms outside his residence or place o business during theelection period, unless authorized in writing by the "ommission2Provided, !hat a motor vehicle, water or air crat shall not beconsidered a residence or place o business or extension hereo.!his prohibition shall not apply to cashiers and disbursing o'cerswhile in the perormance o their duties or to persons who bynature o their o'cial duties, proession, business or occupationhabitually carry large sums o money or valuables.

ArB $se o armored land, water or air crat. ) &ny person who usesduring the campaign period, on the day beore and on election day,any armored land, water or air crat, provided with any temporaryor permanent equipment or any other device or contraption or themounting or installation o cannons, machine guns and othersimilar high caliber rearms, including military type tan:s, haltruc:s, scout truc:s, armored truc:s, o any ma:e or model,whether new, reconditioned, rebuilt or remodelled2 Provided, !hatban:ing or nancial institutions and all business rms may use notmore than two armored vehicles strictly or, and limited to, thepurpose o transporting cash, gold bullion or other valuables inconnection with their business rom and to their place o business,

upon previous authority o the "ommission.

AsB ?earing o uniorms and bearing arms. ) 3uring the campaignperiod, on the day beore and on election day, any member osecurity or police organization o government agencies,commissions, councils, bureaus, o'ces, or government)owned orcontrolled corporations, or privately)owned or operated security,investigative, protective or intelligence agencies, who wears hisuniorm or uses his insignia, decorations or regalia, or bears armsoutside the immediate vicinity o his place o wor:2 Provided, !hatthis prohibition shall not apply when said member is in pursuit o aperson who has committed or is committing a crime in the

premises he is guarding8 or when escorting or providing security or


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the transport o payrolls, deposits, or other valuables8 or whenguarding the residence o private persons or when guarding privateresidences, buildings or o'ces2 Provided, urther, !hat in the lastcase prior written approval o the "ommission shall be obtained.!he "ommission shall decide all applications or authority underthis paragraph within teen days rom the date o the ling o suchapplication.

3uring the same period, and ending thirty days thereater any

member o the &rmed #orces o the Philippines, special, orces,home deense orces, barangay sel)deense units and all otherpara)military units that now exist or which may hereater beorganized who wears his uniorm or bears arms outside the camp,garrison or barrac:s to which he is assigned or detailed or outsidetheir homes, in case o members o para)military units, unless ABthe President o the Philippines shall have given previous authoritythereor, and the "ommission notied thereo in writing, or A/B the"ommission authorizes him to do so, which authority it shall giveonly when necessary to assist it in maintaining ree, orderly andhonest elections, and only ater notice and hearing. &ll personnel othe &rmed #orces authorized by the President or the "ommission to

bear arms or wear theiruniorms outside their camps and all policeand peace o'cers shall bear their true name, ran: and serialnumber, i any, stitched in bloc: letters on a white bac:ground onthe let breast o their uniorm, in letters and numbers o a clearlylegible design at least two centimeters tall, which shall at all timesremain visible and uncovered.

3uring the election period, whenever the "ommission nds itnecessary or the promotion o ree, orderly, honest and peaceulelections in a specic area, it shall conscate or order theconscation o rearms o any member or members o the &rmed#orces o the Philippines, police orces, home deense orces,

barangay sel)deense units, and all other para)military units thatnow exist, or which may hereater be organized, or any member ormembers o the security or police organization, governmentministries, commissions, councils, bureaus, o'ces,instrumentalities, or government)owned or controlled corporationsand other subsidiaries, or o any member or members o privatelyowned or operated security, investigative, protective or intelligenceagencies perorming identical or similar unctions.

AtB Policemen and provincial guards acting as bodyguards orsecurity guards. ) 3uring the campaign period, on the day beoreand on election day, any member o the city or municipal police

orce, any provincial or subprovincial guard, any member o the

&rmed #orces o the Philippines, special orces, home deenseorces, barangay sel)deense units and all other para)military unitsthat now exist or which may hereater be organized who acts asbodyguard or security guard o any public o'cial, candidate or anyother person, and any o the latter who utilizes the services o theormer as bodyguard or security guard2 Provided, !hat, ater duenotice and hearing, when the lie and security o a candidate is in*eopardy, the "ommission is empowered to assign at thecandidate9s choice, any member o the Philippine "onstabulary or

the police orce o any municipality within the province to act as hisbodyguard or security guard in a number to be determined by the"ommission but not to exceed three per candidate2 Provided,however, !hat when the circumstances require immediate action,the "ommission may issue a temporary order allowing theassignment o any member o the Philippine "onstabulary or thelocal police orce to act as bodyguard or security guard o thecandidate, sub*ect to conrmation or revocation.

AuB 0rganization or maintenance o reaction orces, stri:e orces, orother similar orces. ) &ny person who organizes or maintains areaction orce, stri:e orce or similar orce during the election

period.

!he heads o all reaction orces, stri:e orces, or similar orces shall,not later than orty)ve days beore the election, submit to the"ommission a complete list o all members thereo with suchparticulars as the "ommission may require.

AvB Prohibition against release, disbursement or expenditure opublic unds. ) &ny public o'cial or employee including barangayo'cials and those o government)owned or controlled corporationsand their subsidiaries, who, during orty)ve days beore a regularelection and thirty days beore a special election, releases,

disburses or expends any public unds or2AB &ny and all :inds o public wor:s, except the ollowing2

AaB +aintenance o existing andHor completed publicwor:s pro*ect2 Provided, !hat not more than theaverage number o laborers or employees alreadyemployed therein during the sixmonth periodimmediately prior to the beginning o the orty)veday period beore election day shall be permitted towor: during such time2 Provided, urther, !hat noadditional laborers shall be employed ormaintenance wor: within the said period o orty)vedays8


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AbB ?or: underta:en by contract through publicbidding held, or by negotiated contract awarded,beore the orty)ve day period beore election2Provided, !hat wor: or the purpose o this sectionunderta:en under the so)called Jta:ayJ or JpaquiaoJsystem shall not beconsidered as wor: by contract8

AcB Payment or the usual cost o preparation or

wor:ing drawings, specications, bills o materials,estimates, and other procedures preparatory toactual construction including the purchase omaterials and equipment, and all incidental expensesor wages o watchmen and other laborers employedor such wor: in the central o'ce and eldstorehouses beore the beginning o such period2Provided, !hat the number o such laborers shall notbe increased over the number hired when the pro*ector pro*ects were commenced8 and

AdB %mergency wor: necessitated by the occurrence

o a public calamity, but such wor: shall be limited tothe restoration o the damaged acility.

o payment shall be made within ve days beorethe date o election to laborers who have renderedservices in pro*ects or wor:s except those allingunder subparagraphs AaB, AbB, AcB, and AdB, o thisparagraph.

!his prohibition shall not apply to ongoing public wor:spro*ects commenced beore the campaign period or similarpro*ects under oreign agreements. #or purposes o thisprovision, it shall be the duty o the government o'cials or

agencies concerned to report to the "ommission the list oall such pro*ects being underta:en by them.

A/B !he +inistry o Social Services and 3evelopment and anyother o'ce in other ministries o the governmentperorming unctions similar to said ministry, except orsalaries o personnel, and or such other routine and normalexpenses, and or such other expenses as the "ommissionmay authorize ater due notice and hearing. Should acalamity or disaster occur, all releases normally or usuallycoursed through the said ministries and o'ces o otherministries shall be turned over to, and administered and

disbursed by, the Philippine ational 7ed "ross, sub*ect to

the supervision o the "ommission on &udit or itsrepresentatives, and no candidate or his or her spouse ormember o his amily within the second civil degree oa'nity or consanguinity shall participate, directly orindirectly, in the distribution o any relie or other goods tothe victims o the calamity or disaster8 and

A4B !he +inistry o -uman Settlements and any other o'cein any other ministry o the government perorming

unctions similar to said ministry, except or salaries opersonnel and or such other necessary administrative orother expenses as the "ommission may authorize ater duenotice and hearing.

AwB Prohibition against construction o public wor:s, delivery omaterials or public wor:s and issuance o treasury warrants andsimilar devices. ) 3uring the period o orty)ve days preceding aregular election and thirty days beore a special election, anyperson who AaB underta:es the construction o any public wor:s,except or pro*ects or wor:s exempted in the preceding paragraph8or AbB issues, uses or avails o treasury warrants or any device

underta:ing uture delivery o money, goods or other things ovalue chargeable against public unds.AxB Suspension o elective provincial, city, municipal or barangayo'cer. ) !he provisions o law to the contrary notwithstandingduring the election period, any public o'cial who suspends,without prior approval o the "ommission, any elective provincial,city, municipal or barangay o'cer, unless said suspension will beor purposes o applying the J&nti)(rat and "orrupt Practices &ctJin relation to the suspension and removal o elective o'cials8 inwhich case the provisions o this section shall be inapplicable.

AyB 0n 7egistration o @oters2

AB &ny person who, having all the qualications and none othe disqualications o a voter, ails without *ustiableexcuse to register as a voter in an election, plebiscite orreerendum in which he is qualied to vote.

A/B &ny person who :nowingly ma:es any alse or untruthulstatement relative to any o the data or inormation requiredin the application or registration.

A4B &ny person who deliberately imprints or causes theimprinting o blurred or indistinct ngerprints on any o the

copies o the application or registration or on the voter9s


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a'davit8 or any person in charge o the registration ovoters who deliberately or through negligence, causes orallows the imprinting o blurred or indistinct ngerprints onany o the aorementioned registration orms, or any personwho tampers with the ngerprints in said registrationrecords.

A5B &ny member o the board o election inspectors whoapproves any application which on its ace shows that the

applicant does not possess all the qualications prescribedby law or a voter8 or who disapproves any application whichon its ace shows that the applicant possesses all suchqualications.

A6B &ny person who, being a registered voter, registers anewwithout ling an application or cancellation o his previousregistration.

A;B &ny person who registers in substitution or anotherwhether with or without the latter9s :nowledge or consent.

AB &ny person who alsely certies or identies another as abona de resident o a particular place or locality or thepurpose o securing the latter9s registration as a voter.

ADB &ny person who uses the voter9s a'davit o another or

the purpose o voting, whether or not he actually succeedsin voting.

AB &ny person who places, inserts or otherwise includes,as approved application or registration in the boo:

election law - reviewer (provisions)

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