EIGHTEENTH CONGRESS OF THE) 
REPUBLIC OF THE PHILIPPINES ) 
Third Regular Session 
)
senate
S.B. No. 2521
ro
0; '■& 
RECEIVED
E-FILED
-5o ■■ e-fTLed1''' 55'
May 23, 2022 
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BlLLS^i NOEX
Introduced by SENATOR IMEE R. MARCOS
AN ACT PROVIDING FOR THE 
NEW OMNIBUS ELECTION CODE OF 2022
EXPLANATORY NOTE
The Omnibus Election Code (OEC) is well more than three decades old. Since 
the inception of the OEC, there have been many significant changes in the manner 
by which elections are conducted. The advancement in technology and the thrust for 
greater inclusion in the electoral processes spurred the introduction and adoption of 
automated election system, overseas voting, local absentee voting, voting by 
persons deprived of liberty, and the party-list system, to name a few.
Likewise, regulations and limitations under the OEC have since been proven to 
be inadequate to realistically ensure a more level-playing field for candidates. 
Certain provisions of the OEC are outrightly ill-suited for modern times.
In an attempt to modernize the OEC, a multitude of laws have been passed 
over the years. However, each of these statutes only addressed particular and 
limited areas in the vast field of election law. Compounding matters even more is the 
fact that these election statutes oftentimes overlap with each other in terms of the 
scope and the matters that they govern, without however, necessarily amending or 
repealing each other.
As a result of decades of piecemeal legislation, the corpus of election law in 
this jurisdiction has become highly fragmented. Oftentimes, several statutes must be 
taken into account before an accurate legal opinion may be formed on an election 
matter and the corresponding action be safely taken. It is quite clear as well that 
substantial portions of the OEC, which is supposed to be the codification of all the 
election laws of the land, is no longer applicable or reliable. These circumstances 
render the study, interpretation, application, and enforcement of election laws 
unduly burdensome and confusing for all stakeholders.
Moreover, even the more recent statutes are themselves in need of revisions. 
For instance, the weaknesses of the automated election systems and the greater


need for more transparency require the adoption of a hybrid system. Also, the 
rampant abuses of the party-list system necessitate an overhaul in its 
implementation. In addition, the need to ensure that senior citizens, persons with 
disabilities, pregnant women, and indigenous peoples are given ample opportunity to 
cast their votes calls for the adoption of an early voting system. Finally, the rise of a 
new avenue for political campaigns—the use of the internet and social media— 
requires the institution of contemporary measures in the areas of campaign 
propaganda and campaign finance.
It is therefore apparent that a massive overhaul of election statutes is long 
overdue. Also obvious is the need to re-codify the now scattered election statutes 
and assemble them together into one coherent, unified, and extensive law. It is 
hoped that by so revising and re-codifying the election laws in this jurisdiction, 
future electoral exercises will be more transparent, fair, honest, and credible.
In view of the foregoing, approval of this bill is earnestly sought.
: /l.
IMEE R. MARCOS


EIGHTEENTH CONGRESS OF THE) 
REPUBLIC OF THE PHILIPPINES ) 
Third Regular Session 
)
SENATE
S.B. No. 2521
RECEIVED
FILED
S
Introduced by SENATOR IMEE R. MARCO
AN ACT PROVIDING FOR THE 
NEW OMNIBUS ELECTION CODE OF 2022
Be it enacted by the Senate and the House of Representatives of the Philippines in 
Congress assembled.
CHAPTER I
PRELIMINARY PROVISIONS
4 
Article 1
5 
General Provisions
6 
SECTION 1. Tide. - This Act shall be known and cited as the "New Omnibus
7 
Election Code of2022."
8 
SEC. 2. Applicability. - This Code shall govern all election of public officers,
9 
referenda, initiatives and plebiscites: Provided, however. That the election of elective
10 
officials in the autonomous regions, whose offices were created by the organic laws
11 
of such regions or by regional laws, shall be governed primarily by such organic laws
12 
and secondarily by regional election law of the regions concerned: Provided further,
13 
That the provisions of this Code shall have suppletory application to such organic
14 
and regional laws.
15 
SEC. 3. Election Code to be available in polling places. - A printed copy of this
16 
Code in English or in the national language shall be provided and be made available
17 
by the Commission in every polling place, in order that it may be readily consulted
18 
by any person in need thereof on the registration, revision and election days.
19 
SEC. 4. Official mail and telegram relative to elections. - Papers connected
20 
with the election and required by this Code to be sent by public officers in the
21 
performance of their election duties shall be free of postage and sent by registered
22 
special delivery mail. Telecommunications of the same nature shall likewise be
23 
transmitted free of charge by government telecommunications and similar facilities.


1 
It shall be the duty of the Postmaster General, the Department of Information and
2 
Communications Technology, and the managers of private telecommunication
3 
companies to transmit immediately and in preference to all other communications
4 
such messages or communications which the Commission may require or may be
5 
necessary to ensure free, honest and orderly elections.
7 
Article 2
8 
Definition of Terms
9 
SEC. 5. Definition of Terms. - As used in this Code and except when
10 
otherwise indicated, the following terms shall be defined as follows:
11 
(1) "^/opr',and "Collective blog"\e\exs to websites on which an individual or group
12 
of users, respectively, record news, opinions, and information, in varying
13 
degrees of regularity. A "micro-blog" refers to a blogging format which allows
14 
users to exchange small elements of content, referred to variously as posts,
15 
entries or status updates, such as short sentences, individual images, or links
16 
to video material uploaded to the internet.
17 
(2) The term "candidate" reiers to any person seeking an elective public office,
18 
who has filed his or her certificate of candidacy, and who has not died,
19 
withdrawn his or her certificate of candidacy, had his or her certificate of
20 
candidacy denied due course or cancelled, or has been otherwise disqualified:
21 
Provided, That, unlawful acts or omissions applicable to a candidate shall take
22 
effect immediately after the last day of filing of the certificate of candidacy.
23 
The term also refers to any duly registered national or regional political party,
24 
coalition of political parties, sectoral parties, or sectoral organizations that has
25 
filed a manifestation of intent to participate under the party-list system, which
26 
has not withdrawn the said manifestation, and which has not been
27 
disqualified or had its registration cancelled.
28 
(3) "Certified List of Overseas Voters (CLOV)" refers to the list of registered
29 
overseas voters whose applications to vote overseas have been approved by
30 
the Commission, said list to be prepared by the Office for Overseas Voting of
31 
the Commission, on a country-by-country and post-by-post basis. The list
32 
shall be approved by the Commission in an en banc resolution.
33 
(4) A "coalition" refers to an aggrupation of duly registered national political
34 
parties or regional political parties.
35 
(5) The terms ''Contractors"and "business firms"veiev to any person, natural or
36 
juridical, or firm to whom any electoral expenditure is made, including but not
37 
limited to, media entities, media outlets, internet and social media platforms,
38 
advertising agencies, public relations firms and other intermediaries, event


] 
organizers, talent endorsers and their managers, digital influencers, and
2 
printing press for the purpose of entering into political advertisement
3 
contracts. "Social media associates" refer to contractors whose primary duty
4 
is to promote the election or defeat of any candidate through social media
5 
interactions and engagement.
6 
(6) The term "contribution" \uc\u6es a gift, donation, subscription, loan, advance
7 
or deposit of money or anything of value, or a contract, promise or
8 
agreement to contribute, whether or not legally enforceable, made for the
9 
purpose of influencing the results of the elections but shall not include
10 
services rendered without compensation by individuals volunteering a portion
11 
or ail of their time in behalf of a candidate, party, organization, or coalition of
12 
parties. It shall also include the use of facilities voluntarily donated by other
13 
persons, the money value of which can be assessed based on the rates
14 
prevailing in the area.
15 
(7) 
"Day of Election " refe rs to the actual date of elections in the Philippines
16 
(8) 
"Department of Foreign Affairs Overseas Voting Secretariat" {D?k-Q\iS) refers
17 
to the secretariat based at the Department of Foreign Affairs (DFA) home
18 
office tasked to assist the Office for Overseas Voting (OFOV) under the
19 
Commission, and to direct, coordinate and oversee the participation of the
20 
DFA in the implementation of the Overseas Voting Act.
21 
(9) "E-raiiy" xeiexs to a rally under this Article which is conducted for an online
22 
audience.
23 
(10) "Election campaign"ox "partisan political activity"refers to any act designed
24 
to promote the election or defeat of a particular candidate or candidates to a
25 
public office, and shall include any of the following:
26 
(a) Forming organizations, associations, clubs, committees or other groups
27 
of persons for the purpose of soliciting votes and/or undertaking any
28 
campaign for or against a candidate;
29 
(b) Creating on any social media platform, user groups or community
30 
pages, for the purpose of conducting campaigns or related partisan
31 
political activity;
32 
(c) Holding political caucuses, conferences, meetings, rallies, parades or
33 
other similar assemblies for the purpose of soliciting votes and/or
34 
undertaking any campaign or propaganda for or against a candidate;
35 
(d) Making speeches, announcements or commentaries, or holding
36 
interviews for or against the election of any candidate for public office;
37 
(e) Publishing, displaying, or distributing campaign literature or materials
38 
designed to support or oppose the election of any candidate; or


1 
(f) Directly or indirectly soliciting votes, pledges, or support for or against
2 
any candidate.
3 
Personal opinions, views, and preferences for candidates, contained in blogs
4 
and micro-blogs shall not be considered as acts of election campaigning or
5 
partisan political activity unless expressed by government officials and
6 
employees, including contract of service and job order personnel.
7 
(11) "Election returns" refers to a) a document in electronic and printed form
8 
directly produced by the counting or voting machine, showing the date of the
9 
election, the province, municipality and the precinct in which it is held and the
10 
votes in figures for each candidate in a precinct and b) a document in printed
11 
form and manually accomplished for purposes of reflecting the manual count
12 
of the votes at the polling precinct, showing the date of the election, the
13 
province, municipality, and the precinct in which it is held and the votes in
14 
figures for each precinct.
15 
In barangay and Sangguniang Kabataan elections and in other electoral
16 
exercises that uses the manual system, election returns shall be understood
17 
to be the document in printed form and manually accomplished for purposes
18 
of reflecting the manual count of the votes at the polling precinct, showing
19 
the date of the election or any other electoral exercise, the province,
20 
municipality, and the precinct in which it is held and the votes in figures for
21 
each precinct.
22 
(12) "Election survey" reievs to the measurement of opinions and perception of
23 
voters as regards a candidate's popularity, qualifications, platforms or matters
24 
of public discussion in relation to the election, including voters' preference for
25 
candidates or publicly discussed issues.
26 
(13) "Electoral ads"ax\6 "electoralposts"vetevs to advertisements and social media
27 
posts that have for their primary purpose the promotion of the victory or
28 
defeat of an official candidate.
29 
(14) "Electronic transmission" refers to the conveyance of data in electronic form
30 
from one location to another.
31 
(15) "Exit polls" refers to a species of election survey conducted by a qualified
32 
individual or group for the purpose of determining the probable result of an
33 
election by confidentially asking randomly selected voters for the names of
34 
candidates they have voted for, immediately after they have officially cast
35 
their ballots.
36 
(16) The term "expenditure" includes the payment or delivery of money of
37 
anything of value, or a contract, promise or agreement to make an
38 
expenditure, for the purpose of influencing the results of the election. It shall
39 
also include the use of facilities personally owned by the candidate, the


1 
money value of the use of which can be assessed based on the rates
2 
prevailing in the area.
3 
(17) "Field Registration"refers to the conduct of registration of overseas voters at
4 
predetermined locations, either in the Philippines, as may be determined by
5 
the Commission, or outside the posts, upon the favorable recommendation of
6 
the DFA-OVS, both being of limited duration and based on the guidelines
7 
prescribed by the Commission for that exclusive purpose; the government
8 
shall not collect fees for the same.
9 
(18) "Hybrid election system"re^evs to a system using the appropriate technology
10 
which has been demonstrated in the voting, counting, consolidating,
11 
canvassing, and transmission of election results, and other electoral processes
12 
but also utilizes manual counting to ensure transparency and credibility of the
13 
electoral processes.
14 
(19) "Indigenous peoples" refers to qualified voters who belong to a group of
15 
people or homogenous societies identified by self-ascription and ascription by
16 
others, who have continuously lived as organized community on communally
17 
bounded and defined territory, and who have, under claims of ownership
18 
since time immemorial, occupied, possessed and utilized such territories,
19 
sharing common bonds of language, customs, traditions and other distinctive
20 
cultural traits, or who have, through resistance to political, social and cultural
21 
inroads of colonization, non-indigenous religions and cultures, became
22 
historically differentiated from the majority of Filipinos. Indigenous peoples
23 
shall likewise include peoples who are regarded as indigenous on account of
24 
their descent from the populations which inhabited the country, at the time of
25 
conquest or colonization, or at the time of inroads of non-indigenous religions
26 
and cultures, or the establishment of present state boundaries, who retain
27 
some or all of their own social, economic, cultural and political institutions,
28 
but who may have been displaced from their traditional domains or who may
29 
have resettled outside their ancestral domains.
30 
(20) "Initiative" refers to the power of the people to propose amendments to the
31 
Constitution or to propose and enact legislations through an election called
32 
for the purpose.
33 
(21) "Livestreaming"refers to the live broadcasting of an event over the internet.
34 
(22) "Local Absentee Voting" refers to a system of voting whereby government
35 
officials and employees, including the Armed Forces of the Philippines and the
36 
Philippine National Police, as well as members of the media, media
37 
practitioners including their technical and support staff, who are registered
38 
voters are allowed to vote for national positions, in places where they are not
39 
registered voters but where they are temporarily assigned to perform election


1 
duties on election day, or in case of media practitioners and their support
2 
staff, they will not be able to vote due to the performance of their functions in
3 
covering and reporting the elections.
4 
(23) "Marginalized and underrepresented sectors" refer to the sectors mentioned
5 
in Article VI, Section 5 of the Constitution that are, by nature, economically,
6 
politically, culturally, or socially marginalized from, and/or underrepresented
7 
in, mainstream economic, political, cultural, or social activities. These sectors
8 
include labor, peasant, fisherfolk, urban poor, indigenous cultural
9 
communities or indigenous peoples, persons with disabilities, veterans,
10 
overseas workers, and similar sectors.
11 
(24) "Mass media" refers to diversified technologies, operating on various
12 
platforms, that have for their primary purpose the transmission of information
13 
and communication to a large audience. These platforms include broadcast,
14 
internet and mobile, print, and outdoor. "Mass media entities" refer to
15 
individuals and organizations that exercise control over these technologies
16 
and determine, whether directly or indirectly, the content being distributed
17 
using these technologies. "Social media" is a form of mass media.
18 
(25) "Media practitioner"refers to a person who is not employed by a media entity
19 
but performs similar functions or has control over what is printed or broadcast
20 
such as a talent or a block timer.
21 
Persons who create online content for personal or collective blogs and micro-
22 
blogs shall be considered as media practitioners.
23 
(26) A "meme"refevs to an image or video that is spread by internet users on
24 
various social media networks.
25 
(27) "Microtargeting"refers to a form of targeting online advertisement that uses
26 
the analysis of a person's online usage to preferentially serve advertisements
27 
and other information that specifically reflects that individual user's
28 
preferences and personality.
29 
(28) "Mobiie Registration"refers to the conduct of registration of overseas voters
30 
at various locations outside the posts, other than at field registrations,
31 
undertaken as part of the posts' mobile consular and outreach activities to
32 
Filipinos within their jurisdictions.
33 
(29) "Municipai/City/District Registry of Overseas Voters (ROV)" refers to the
34 
consolidated list prepared, approved and maintained by the Commission for
35 
every municipality/city/district of overseas voters whose applications for
36 
registration as such, including those registered voters who applied for
37 
certification as overseas voters, have been approved by the Election
38 
Registration Board and/or resident Election Registration Board.


1 
(30) "National Registry of Overseas Voters (NROV)" refers to the consolidated list
2 
prepared, approved and maintained by the Commission of overseas voters
3 
whose applications for registration as overseas voters, including those
4 
registered voters under Republic Act No. 8189 who have applied to be
5 
certified as overseas voters, have been approved by the resident Election
6 
Registration Board, indicating the post where the overseas voter is registered.
7 
(31) "Office for Overseas Voting (OFOV)" refers to the Office of the Commission
8 
tasked to oversee and supervise the effective implementation of the Overseas
9 
Voting Act.
10 
(32) "Online campaigning"refers to the use of the internet to distribute campaign
11 
propaganda. This includes text-only posts on social media, pictures, audio
12 
clips and video clips, regardless of duration, and all combinations of such
13 
formats.
14 
(33) "Overseas Voter" refers to a citizen of the Philippines who is qualified to
15 
register and vote under this Act, not otherwise disqualified by law, who is
16 
abroad on the day of elections.
17 
(34) "Overseas Voting" refers to the process by which qualified citizens of the
18 
Philippines abroad exercise their right to vote.
19 
(35) The term "person"\r\c\u6es an individual, partnership, committee, association,
20 
corporation, and any other organization or group of persons, as applicable.
21 
The use of the terms "he", "his", or "him", shall be understood to cover "she"
22 
or "her" as the case may be.
23 
(36) "Persons Deprived of Liberty" refers to any person who is:
24 
(a) confined in jail, who has been formally charged for an offense and is
25 
awaiting or undergoing trial;
26 
(b) Serving a sentence of imprisonment for less than one (1) year; or
27 
(c) Convicted of a crime but has timely filed an appeal against such
28 
conviction.
29 
(37) "Persons with disabilities' refers to qualified voters who have long term
30 
physical, mental, intellectual, or sensory impairments which, in interaction
31 
with various barriers, may hinder their full and effective participation in
32 
society on an equal basis with others.
33 
(38) "Plebiscite" refers to the electoral process by which an initiative on the
34 
Constitution is approved or rejected by the people.
35 
(39) "Political advertisement' or "election propaganda" refers to any matter
36 
broadcasted, published, printed, displayed, or exhibited, in any medium,
37 
which contains the name, image, logo, brand, insignia, initials, and other


1
2
3
4
5
6
7
8
9
(40)
10
11
12
13
14
15
16
17
18
(41)
19
20
21
22
(42)
23
24
25
(43)
26
(44)
27
28
29
30
31
(45)
32
33
34
35
(46)
36
37
(47)
38
symbol or graphic representation that is capable of being associated with a 
candidate, and is exclusively intended to draw the attention of the public or a 
segment thereof to promote or oppose, directly or indirectly, the election of 
the said candidate or candidates to a public office. In broadcast media, 
political advertisements may take the form of spots, appearances on 
television shows and radio programs, live or taped announcements, teasers, 
and other forms of advertising messages or announcements used by 
commercial advertisers.
The term "political party" when used in this Code, refers to an organized 
group of citizens advocating an ideology or platform, principles and policies 
for the general conduct of government and which, as the most immediate 
means of securing their adoption, regularly nominates and supports certain of 
its leaders and members as candidates for public office.
A political party is a national party when its constituency is spread over the 
geographical territory of at least a majority of the regions. It is a regional 
party when its constituency is spread over the geographical territory of at 
least a majority of the cities and provinces comprising the region.
"Posts" within the context of overseas voting, registration, or canvassing, 
refer to the Philippine embassies, consulates, foreign service establishments 
and other Philippine government agencies maintaining offices abroad and 
having jurisdiction over the places where the overseas voters reside.
"Pregnant women"vef&cs to qualified voters who are pregnant at the time of 
the period of early voting and during election day regardless of the number of 
trimester.
"Proposition"refers to the measure proposed by the voters.
"Public places"shaW mean any property, whether movable or immovable, that 
is owned or controlled by the Government and it shall include the properties 
owned or controlled by the local government units, government-owned and 
controlled corporations, and other agencies and instrumentalities of the 
Government.
The term "public utility"refers to any business or service engaged in regularly 
supplying the public with some commodity or service of public consequence 
such as electricity, gas, water, transportation, telephone, telegraph, or 
internet service.
"Referendum" refers to the power of the electorate to approve or reject a 
legislation through an election called for the purpose.
"Resident Election Registration Board (RERB)"refers to the in-house Election 
Registration Board in every post and in the OFOV, which processes, approves


1 
or disapproves all applications for registration and/or certification as overseas
2 
voters, including the deactivation, reactivation and cancellation of registration
3 
records.
4 
(48) "Satellite Registration" refers to registration conducted by an Election Officer
5 
in established satellite offices located in a public place within his or her area
6 
of jurisdiction. It accepts application for registration, transfer or transfer with
7 
reactivation, reactivation of registration records, change or correction of
8 
entries and validation of registration from all registrants or voters residing
9 
within the Election Officer's territorial jurisdiction.
10 
(49) "Seafarers"xefex to ship officers and ratings manning ships, including offshore
11 
workers, service providers and fishermen, as denned in the revised rules on
12 
the issuance of seafarer's identification and record book of the Maritime
13 
Industry Authority.
14 
(50) A "sectoral party"ox "sectoral organization"xefexs to an organized group of
15 
citizens belonging to any of the marginalized and underrepresented sectors
16 
and whose principal advocacy pertains to the special interests and concerns
17 
of their sector.
18 
(51) "Senior citizens"xe^ex to qualified voters who are at least sixty (60) years old.
19 
(52) "Social Media" refers to the collective online communication channels,
20 
including websites and applications, that enable users to create and share
21 
content, collaborate, and interact with each other. Video sharing sites which
22 
allow users to post comments on individual entries shall be considered as
23 
falling within the category of "social media." "Social Media Account" refers to
24 
a user's personalized access to a social networking site or application,
25 
typically using a username and password on the same social networking site.
26 
"Social Media Post" refers to any text, audio, or graphic content, or any
27 
combination thereof, published online using a social media account.
28 
(53) "Source code" xefexs to the human readable instructions that define what a
29 
computer equipment will do.
30 
(54) "Special registration" xefexs to registration conducted in established satellite
31 
offices by a special registration team designated by the Commission. It
32 
exclusively caters to first time person with disability and senior citizen
33 
registrants residing outside the area of jurisdiction of the regular Election
34 
Officer conducting the satellite registration.
35 
(55) The terms "Statement of Contributions and Expenditures"ox "SOCE"xefexs to
36 
the complete set of campaign finance disclosure statements that candidates,
37 
parties, or organizations are required to submit by law, in the for prescribed
38 
by the Commission.


1 
Article 3
2 
The Commission on Elections
3 
SEC. 6. Powers and functions of the Commission on Elections. - The
4 
Commission shall have exclusive charge of the enforcement and administration of all
5 
laws and regulations relative to the conduct of election, plebiscite, initiative,
6 
referendum, and recall for the purpose of ensuring free, orderly and honest
7 
elections, and shall:
8 
(a) Exercise exclusive original jurisdiction over all contests relating to the elections,
9 
returns, and qualifications of all elective regional, provincial, and city officials,
10 
and appellate jurisdiction over all contests involving elective municipal officials
11 
decided by trial courts of general jurisdiction, or involving elective barangay
12 
officials decided by trial courts of limited jurisdiction.
13 
Decisions, final orders, or rulings of the Commission on election contests
14 
involving elective municipal and barangay offices shall be final, executory, and
15 
not appealable.
16 
(b) Decide, except those involving the right to vote, all questions affecting elections,
17 
including determination of the number and location of polling places,
18 
appointment of election officials and inspectors, and registration of voters.
19 
(c) Summon the parties to a controversy pending before it, issue subpoena and
20 
subpoena duces tecum, and take testimony in any investigation or hearing
21 
before it, and delegate such power to any officer of the Commission who shall
22 
be a member of the Philippine Bar.
23 
Whenever vital, the Commission may conduct hearings on controversies pending
24 
before it in the cities or provinces upon proper motion of any party, taking into
25 
consideration the materiality and number of witnesses to be presented, the
26 
situation prevailing in the area and the fund available for the purpose.
27 
The Commission may, when necessary, avail of the assistance of any national or
28 
local law enforcement agency and/or instrumentality of the government to
29 
execute under its direct and immediate supervision any of its final decisions,
30 
orders, instructions or rulings.
31 
No decision or resolution shall be rendered by the Commission either en banc or
32 
by division unless taken up in a formal session properly convened for the
33 
purpose.
34 
(d) Punish contempt provided for in the Rules of Court in the same procedure and
35 
with the same penalties provided therein. Any violation of any final and
36 
executory decision, order or ruling of the Commission shall constitute contempt
37 
thereof.
10


1 
(e) Enforce and execute its decisions, directives, orders and instructions which shall
2 
have precedence over those emanating from any other authority, except the
3 
Supreme Court and those issued in habeas corpus proceedings,
4 
(f) Deputize, with the concurrence of the President, law enforcement agencies and
5 
instrumentalities of the Government, including the Armed Forces of the
6 
Philippines, for the exclusive purpose of ensuring free, orderly, honest, peaceful,
7 
and credible elections.
8 
(g) Exercise direct and immediate supervision and control over national and local
9 
officials or employees, including members of any national or local law
10 
enforcement agency and instrumentality of the government who it has deputized
11 
or who are required by law to perform duties relative to the conduct of elections.
12 
Commission may relieve any officer or employee referred to in the preceding
13 
paragraph from the performance of his or her duties relating to electoral
14 
processes who violates the election law or fails to comply with its instructions,
15 
orders, decisions or rulings, and appoint his substitute. The Commission shall
16 
recommend to the proper authority the removal of any officer or employee it has
17 
deputized, or the imposition of any other disciplinary action, for violation or
18 
disregard of, or disobedience to, its directive, order, or decision.
19 
(h) Register, after sufficient publication, political parties, organizations, or coalitions
20 
which, in addition to other requirements, must present their platform or program
21 
of government; and accredit citizens' arms of the Commission on Elections.
22 
Religious denominations and sects shall not be registered. Those which seek to
23 
achieve their goals through violence or unlawful means, or refuse to uphold and
24 
adhere to this Constitution, or which are supported by any foreign government
25 
shall likewise be refused registration.
26 
Financial contributions from foreign governments and their agencies to political
27 
parties, organizations, coalitions, or candidates related to elections, constitute
28 
interference in national affairs, and, when accepted, shall be an additional
29 
ground for the cancellation of their registration with the Commission, in addition
30 
to other penalties that may be prescribed by law.
31 
(i) File, upon a verified complaint, or on its own initiative, petitions in court for
32 
inclusion or exclusion of voters; investigate and, where appropriate, prosecute
33 
cases of violations of election laws, including acts or omissions constituting
34 
election frauds, offenses, and malpractices.
35 
(j) Recommend to the Congress effective measures to minimize election spending,
36 
including limitation of places where propaganda materials shall be posted, and
37 
to prevent and penalize all forms of election frauds, offenses, malpractices, and
38 
nuisance candidacies.
11


1 
(k) Submit to the President and the Congress, a comprehensive report on the
2 
conduct of each election, plebiscite, initiative, referendum, or recall.
3 
(I) Promulgate rules and regulations implementing the provisions of this Code or
4 
other laws which the Commission is required to enforce and administer, and
5 
require the payment of legal fees and collect the same in payment of any
6 
business done in the Commission, at rates that it may provide and fix in its rules
7 
and regulations.
8 
Rules and regulations promulgated by the Commission to implement the
9 
provisions of this Code shall take effect on the fifteenth day after publication in
10 
the Official Gazette or in at least two daily newspapers of general circulation.
11 
Orders and directives issued by the Commission pursuant to said rules and
12 
regulations shall be furnished by personal delivery to accredited political parties
13 
within forty-eight hours of issuance and shall take effect immediately upon
14 
receipt.
15 
In case of conflict between rules, regulations, orders or directives of the
16 
Commission in the exercise of its constitutional powers and those issued by any
17 
other administrative office or agency of the government concerning the same
18 
matter relative to elections, the former shall prevail.
19 
(m)Prescribe the forms to be used in the election, plebiscite or referendum.
20 
(n) Procure any supplies, equipment, materials or services needed for the holding of
21 
the election, subject to the provisions of existing laws.
22 
(o) Prescribe the use or adoption of the latest technological and electronic devices,
23 
taking into account the situation prevailing in the area and the funds available
24 
for the purpose: Provided, That the Commission shall notify the authorized
25 
representatives of accredited political parties and candidates in areas affected by
26 
the use or adoption of technological and electronic devices not less than thirty
27 
days prior to the effectivity of the use of such devices.
28 
(p) Carry out a continuing and systematic campaign through newspapers of general
29 
circulation, radios and other media forms to educate the public and fully inform
30 
the electorate about election laws, procedures, decisions, and other matters
31 
relative to the work and duties of the Commission and the necessity of clean,
32 
free, orderly and honest electoral processes.
33 
(q) During the election period, supervise or regulate the enjoyment or utilization of
34 
all franchises or permits for the operation of transportation and other public
35 
utilities, media of communication or information, all grants, special privileges, or
36 
concessions granted by the Government or any subdivision, agency, or
37 
instrumentality thereof, including any government-owned or controlled
38 
corporation or its subsidiary. Such supervision or regulation shall aim to ensure
39 
equal opportunity, time, and space, and the right to reply, including reasonable.
12


1 
equal rates therefor, for public information campaigns and forums among
2 
candidates in connection with the objective of holding free, orderly, honest,
3 
peaceful, and credible elections.
4 
(r) Enlist non-partisan group or organizations of citizens from the civic, youth,
5 
professional, educational, business or labor sectors known for their probity,
6 
impartiality and integrity with the membership and capability to undertake a
7 
coordinated operation and activity to assist it in the implementation of the
8 
provisions of this Code and the resolutions, orders and instructions of the
9 
Commission for the purpose of ensuring free, orderly and honest elections in any
10 
constituency.
11 
The designation of any group or organization made in accordance herewith may
12 
be revoked by the Commission upon notice and hearing whenever by its
13 
actuations such group or organization has shown partiality to any political party
14 
or candidate, or has performed acts in excess or in contravention of the
15 
functions and duties herein provided and such others which may be granted by
16 
the Commission.
17 
(s) Fix other reasonable periods for certain pre-election requirements in order that
18 
voters shall not be deprived of their right of suffrage and certain groups of rights
19 
granted them in this Code.
20 
(t) After due notice and hearing, the Commission may inquire into the financial
21 
records of candidates, parties, any organization, or group of persons for the
22 
purpose of determining whether there is probable cause to hold that a such
23 
candidates, parties, organization, or group of persons has violated the law or
24 
regulation pertaining to electoral contributions and expenditures.
25 
For this purpose, the Commission may avail itself of the assistance of the
26 
Commission on Audit, the Bangko Sentral ng Pilipinas, the National Bureau of
27 
Investigation, the Bureau of Internal Revenue, and other agencies of the
28 
government.
29 
(u) Create, merge, or abolish departments, offices, divisions or units within the
30 
Commission, redistribute functions and reassign personnel, change designations
31 
of existing positions, subject to pertinent existing laws and regulations:
32 
Provided, however, That the security of tenure of officials or employees are fully
33 
protected.
34 
(v) Perform such other functions as are necessary or incidental to the enforcement
35 
and administration of all laws and regulations relative to the conduct of election,
36 
plebiscite, initiative, referendum, and 
recall for the purpose 
of ensuring free,
37 
orderly and honest elections
38 
SEC. 7. Field offices of the Commission. - The Commission shall have the
39 
following field offices:
13


1 
(1) Regional Election Office, headed by the Regional Election Director and assisted
2 
by the Assistant Regional Director and such other subordinate officers or
3 
employees as the Commission may appoint.
4 
(2) Provincial Election Office, headed by the Provincial Election Supervisor for each
5 
province and assisted by at least one election assistant and such number of
6 
assistants and other subordinate officers or employees as the Commission may
7 
appoint.
8 
(3) City/Municipal Election Office, headed by the City/Municipal Officer for each city
9 
of municipality, each election officer shall be assisted by at least one election
10 
assistant and such number of assistants and subordinate officers or employees
11 
as the Commission may appoint.
12 
The Commission may delegate its powers and functions or order the implementation
13 
or enforcement of its orders, rulings, or decisions through the heads of its field
14 
offices.
15 
SEC. 8. Automatic creation of positions of eiection officers. - Whenever new
16 
cities or municipalities are created, there shall be automatically created for the city
17 
or municipality, positions of election officers and election assistants in such number
18 
as determined pursuant to the ration established in the succeeding section.
19 
SEC. 9. Ratio of Election Assistants to registered voters. - There shall be a
20 
corresponding number of election assistant position at the ratio of one election
21 
assistant for every twenty thousand (20,000) registered voters.
22 
SEC. 10. No other personnel, other than those mentioned in the preceding
23 
section, or expressly authorized by law, shall be assigned, designated, engaged or
24 
detailed at the Commission's field offices, or shall be allowed to perform
25 
administrative or clerical works thereto. Violation of this provision shall constitute an
26 
election offense.
27 
SEC. 11. Qualifications. - Only members of the Philippines Bar shall be
28 
eligible for appointment to the position of regional director, assistant regional
29 
director, provincial election supervisor and election officer: Provided, however. That
30 
if there are no members of the Philippine Bar available for appointment as election
31 
officer, except in cities and capital towns, graduates of duly recognized schools of
32 
law who possess the appropriate civil service eligibility may be appointed to said
33 
position.
34 
Nothing in this section shall prejudice the security of tenure of election
35 
officers who had already been appointed as such at the time of the effectivity of this
36 
Code.
37 
SEC. 12. Office space. - The Commission shall provide and accessible and
38 
suitable office for its field officers and their staff.
14


1 
The local government unit concerned shall continue to provide a suitable
2 
place for the office of the provincial election supervisor and his or her staff and the
3 
election officer and his or her staff until such time that the Commission has provided
4 
the field office concerned with its own office which in no case shall exceed five (5)
5 
years from the effectivity of this Code.
6 
SEC. 13. Changes in the composition, distribution or assignment of held
1 
offices. - The Commission may make changes in the composition, distribution and
8 
assignment of field offices, as well as its personnel, whenever the exigencies of the
9 
service and the interest of free, orderly, and honest election so require: Provided,
10 
That such changes shall be effective and enforceable only for the duration of the
11 
election period concerned and shall not affect the tenure of office of the incumbents
12 
of positions affected and shall not constitute a demotion, either in rank or salary, nor
13 
result in change of status: and Provided, further. That there shall be no changes in
14 
the composition, distribution or assignment within thirty days before election, except
15 
for cause and after due notice and hearing, and that in no case shall a regional or
16 
assistant regional director be assigned to a region; a provincial election supervisor to
17 
a province; or a city or municipal election officer to a city or municipality, where he
18 
and/or his spouse are related to any candidate within the fourth civil degree of
19 
consanguinity or affinity as the case may be.
20 
SEC. 14. Bangsamoro Electoral Office - The Commission shall establish a
21 
Bangsamoro Electoral Office under its supervision and control which shall implement
22 
and enforce its orders, rulings and decisions. The Bangsamoro Electoral Office shall
23 
have such powers and functions as are granted to it by R.A. 11054, other national
24 
laws, and regional laws.
25 
SEC. 15. Disqualifications of members of the Commission. - The chairperson
26 
and members of the Commission shall be subject to the Cannons of Judicial Ethics
27 
and Code of Judicial Conduct in the discharge of their functions.
28 
No chairperson or commissioner shall sit in any case in which he or she has
29 
manifested bias or prejudice for or against or antagonism against any party thereto
30 
and in connection therewith, or in any case in which he or she would be disqualified
31 
under the Rules of Court. If it be claimed that the chairperson or a commissioner is
32 
disqualified as above provided, the party objecting to his or her competency may file
33 
an objection in writing with the Commission stating the ground therefor. The official
34 
concerned shall continue to participate in the hearing or withdraw therefrom in
35 
accordance with his or her determination of the question of his or her
36 
disqualification. The decision shall forthwith be made in writing and filed with the
37 
other papers of the case in accordance with the Rules of Court.
,38 
SEC. 16. Publication of official ballots and election returns and printing
39 thereof - The Commission shall publish at least ten days before an election in a
15


1 
newspaper of general circulation certified data on the number of official ballots and
2 
election returns.
3 
SEC. 17. Election expenses. - Such expenses as may be necessary and
4 
reasonable in connection with the elections, referenda, plebiscites and other similar
5 
exercises shall be paid by the Commission.
6 
Funds needed by the Commission to defray the expenses for the holding of
7 
regular and special elections, referenda and plebiscites shall be provided in the
8 
regular appropriations of the Commission which, upon request, shall immediately be
9 
released to the Commission. In case of deficiency, the amount so provided shall be
10 
augmented from the special activities' funds in the general appropriations act and
11 
from those specificaiiy appropriated for the purpose in special laws.
12
13 
CHAPTER II
14 
ACTIVITIES DURING THE PRE-ELECTION PERIOD
15
16 
Article 4
17 
Registration of Voters
18 
SEC. 18. Permanent List of Voters. - The permanent list of voters per
19 
precinct in each city or municipality that was in place prior to the effectivity of this
20 
Code shall remain, subject to the necessary updates.
21 
Such precinct-level list of voters shall be accompanied by an addition/deletion
22 
list of the purpose of updating the list.
23 
The precinct assignment of a voter in the permanent list of voters shall not be
24 
changed or altered or transferred to another precinct without the express written
25 
consent of the voter: Provided, however, That the voter shall not unreasonably
26 
withhold such consent. Any violation thereof shall constitute an election offense.
27 
The Election Officer shall be responsible for the display, throughout the year,
28 
of the most recent precinct maps in his or her office and in the bulletin board of the
29 
city or municipal hall.
30 
SEC. 19. Registered voters for the Sangguniang Kabataan Elections. - There
31 
shall likewise be a list of voters per precinct in each city or municipality consisting of
32 
all registered voters who are qualified to vote in the Sangguniang Kabataan
33 
elections. Such list shall also be accompanied by an addition/deletion list.
34 
Persons whose registration in such list is still subsisting at the time he or she
35 
turns eighteen years of age shall be added by the Commission in the permanent list
36 
of voters, without need for such person to register anew. Persons who, on the day
16


1 
of the next Sangguniang Kabataan elections, shall no longer meet the age
2 
requirement herein set forth shall be removed by the Commission from such list.
3 
SEC. 20. Precincts. - The unit of territory for the purpose of voting is the
4 
election precinct, and every barangay as of the approval shall have at least one such
5 
precinct. The Commission shall establish all election precincts: Provided, That, the
6 
most recently updated precinct maps at the time of the effectivity of this Code shall,
7 
to the extent practicable, remain in place for the purposes of the next immediately
8 
following election. Precincts of a nonterritorial nature created exclusively for persons
9 
with disabilities and senior citizens pursuant to Republic Act 10366, which are
10 
subsisting at the time of the effectivity of this Code, shall likewise remain in place for
11 
the purposes of the next immediately following election.
12 
After such election, spin-off precincts or new precincts may be created to
13 
accommodate additional voters residing within the territorial jurisdiction of the
14 
original precincts: Provided, That the polling place of all the precincts created
15 
thereby shall be located in the same building or compound where the polling place
16 
of the original precinct is located, and if this be not feasible, in a place as close as
17 
possible to the polling place of the original precinct: Provided further. That the
18 
polling place of the new precinct may be located elsewhere upon written petition of
19 
the majority of the voters of the new precinct: Provided finaily, That when a precinct
20 
is divided into two or more precincts, the registered voters shall be included in the
21 
precinct wherein they reside.
22 
Additional non-territorial precincts for persons with disabilities and senior
23 
citizens, for early voting, and for voting by mail may likewise be created as may be
24 
necessary.
25 
The Commission shall retain the permanent numbering of all precincts by
26 
which the precincts are indicated by Arabic numerals and a letter of the English
27 
alphabet. Original or mother precincts shall be indicated by the Arabic numeral and
28 
letter "A of the English alphabet. Spin-off or daughter precincts shall be indicated by
29 
the Arabic numeral and letter of the English alphabet starting with letter B and so
30 
on.
31 
No territory comprising an election precinct shall be altered or a new precinct
32 
be established at the start of the election period.
33 
Splitting of an original precinct or merger of two or more original precincts
34 
shall not be allowed without redrawing the precinct map/s one hundred twenty
35 
(120) days before election day.
36 
SEC. 21. Arrangement of Precincts. - Every barangay shall have at least one
37 
(1) precinct. Each precinct shall have no more than two hundred (200) voters.
38 
Except for precincts established for persons with disabilities and senior citizens and
17


1 
for precincts designated for early voting and postal early voting, each precinct shall
2 
comprise, as far as practicable , contiguous and compact territories.
3 
(a) A precinct shall be allowed to have less than 200 registered voters under the
4 
following conditions:
5 
(l)As soon as the 200-limit for every precinct has been reached, a spin-
6 
off or daughter precinct shall be created automatically by the
7 
Commission to accommodate voters residing within the territorial
8 
jurisdiction of the original precinct. Thereafter, a separate list of new
9 
voters shall be prepared by the Election Officer; and
10 
(2) An island or group of islands with less than two hundred (200) voters
11 
may comprise one (1) original precinct.
12 
(b) Where it is not practicable to divide the precinct by territory, the Commission
13 
may adjust or split the precinct by assigning the registered voters therein
14 
alphabetically and equitably among the adjusted or split precincts: Provided,
15 
That, the polling places of said precincts shall be in the same building or
16 
premises.
17 
(c) Every case of alteration of precincts shall be duly announced by posting a
18 
notice thereof in a conspicuous place in the precinct, in the office of the
19 
election officer and in the city or municipal hall and by providing political
20 
parties and candidates a list of all the precincts at the start of the campaign
21 
period; and
22 
(d) Consolidation or merger of precincts may be allowed: Provided, further. That
23 
the merger of such precincts shall be effected ninety (90) days before
24 
election day.
25 
(e) There shall be precincts of a nonterritorial nature, exclusively for persons with
26 
disabilities and senior citizens, who in their registration records manifest their
27 
intent to avail of their right to a separate precinct under this section. There
28 
shall likewise be precincts established for those who avail of early voting and
29 
postal voting, as provided for in this Code.
30 
(f) Any alteration of the election precincts or the establishment of new ones shall
31 
be communicated to the provincial 
election supervisor, the provincial
32 
superintendent of schools, etc. together with the corresponding maps, 
which
33 
shall be published as prescribed in the next succeeding sections.
34 
SEC. 22. Pubiication of maps or precincts. - The Commission shall, through
35 
its duly authorized representative, post in the city hall or municipal building and in
36 
three other conspicuous places in the city or municipality including outside the office
37 
of the election officer a map of the city or municipality showing its most recent
18


1 
division into precincts with their respective boundaries and indicating therein all
2 
streets and alleys in populous areas and the location of each polling place.
3 
SEC. 23. System of Continuing Registration of Voters. - The personal filing of
4 
application of registration of voters shall be conducted daily in the office of the
5 
Election Officer during regular office hours. No registration shall, 
however, be
6 
conducted during the period at least one hundred twenty (120) days before a
7 
regular election and at least ninety (90) days before a special election.
8 
SEC. 24. Necessity of Registration. - In order that a qualified elector may
9 
vote in any election, plebiscite or referendum, he or she must be registered in the
10 
permanent list of voters for the place where he or she intends to vote.
11 
SEC. 25. Who may Register. - All citizens of the Philippines not otherwise
12 
disqualified by law who are at least eighteen (18) years of age, and who shall have
13 
resided in the Philippines for at least one (1) year, and in the place wherein they
14 
propose to vote, for at least six (6) months immediately preceding the election, may
15 
register as a voter.
16 
Any person who temporarily resides in another city, municipality or country
17 
solely by reason of his occupation, profession, employment in private or public
18 
service, educational activities, work in the military or naval reservations within the
19 
Philippines, service in the Armed Forces of the Philippines, the National Police
20 
Forces, or confinement or detention in government institutions in accordance with
21 
law, shall not be deemed to have lost his original residence but may register as a
22 
voter in such other city or municipality or as an overseas voter, as the case may be.
23 
Any person, who, on the day of registration may not have reached the
24 
required age or period of residence but, who, on the day of the election shall
25 
possess such qualifications, may register as a voter.
26 
In addition, all citizens of the Philippines residing in the barangay where he or
27 
she intends to vote for at least six (6) months and who are at least fifteen (15) but
28 
not more than thirty (30) years of age on the day of the immediately following
29 
Sangguniang Kabataan Election may register as members of the Katipunan ng
30 
Barangay and as voters in such Sangguniang Kabataan Election.
31 
SEC. 26. Disquaiifications. -The following shall be disqualified from voting:
32 
(a) Any person who has been sentenced by final judgment to suffer imprisonment
33 
for not less than one year, such disability not having been removed by plenary
34 
pardon or granted amnesty: Provided, however, That any person disqualified to
35 
vote under this paragraph shall automatically reacquire the right to vote upon
36 
expiration of five years after service of sentence.
37 
(b) Any person who has been adjudged by final judgment by competent court or
38 
tribunal of having committed any crime involving disloyalty to the duly
19


1 
constituted government such as rebellion, sedition, violation of the anti-
2 
subversion and firearms laws, or any crime against national security, unless
3 
restored to his full civil and political rights in accordance with law: Provided,
4 
That he shall regain his right to vote automatically upon expiration of five years
5 
after service of sentence.
6 
(c) Insane or incompetent persons as declared by competent authority unless
7 
subsequently declared by proper authority that such person is no longer insane
8 
or incompetent.
9 
SEC. 27. Registration of Voters. - To register as a voter, a qualified voter
10 
shall either personally accomplish an application form for registration as prescribed
11 
by the Commission in three (3) copies before the Election Officer on any date during
12 
office hours.
13 
The application shall contain the following data:
14 
(a) Name, surname, middle name, and/or maternal surname;
15 
(b)Sex;
16 
(c) Date, and place of birth;
17 
(d) Citizenship;
18 
(e) Civil status, if married, name of spouse;
19 
(f) Profession, occupation or work;
20 
(g) Periods of residence in the Philippines and in the place of registration;
21 
(h) Exact address with the name of the street and house number for location in
22 
the precinct maps maintained by the local office of the Commission, or in case
23 
there is none, a brief description of his residence, sitio, and barangay;
24 
(i) A statement that the applicant possesses all the qualifications of a voter;
25 
(j) A statement that the applicant is not a registered voter of any precinct; and
26 
(k) Such information or data as may be required by the Commission.
27 
The application for registration shall contain three (3) specimen signatures of
28 
the applicant. The Commission shall capture the biometrics data of the applicant
29 
which shall include his or her photograph, fingerprints, signature, and such other
30 
identifiable features of the individual that are easily verifiable.
31 
Before the acceptance of the application and biometrics capture, the Election
32 
Officer shall inform the applicant of the qualifications and disqualifications prescribed
33 
by law for a voter. Thereafter, the Election Officer shall see to it that the
34 
accomplished application contains all the data therein required and that the
35 
applicant's biometrics are captured and stored in accordance with the procedure that
36 
shall be laid down by the Commission.
20


1 
SEC. 28. Illiterate applicants, senior citizens, and persons with disabilities. -
2 
Any illiterate person may register with the assistance of the Election Officer or any
3 
member of an accredited citizen's arms. The Election Officer shall place such
4 
illiterate person under oath, ask him the questions, and record the answers given in
5 
order to accomplish the application form in the presence of the majority of the
6 
members of the Board. The Election Officer or any member of an accredited citizen's
7 
arm shall read the accomplished form aloud to the person assisted and ask him if
8 
the information given is true and correct. The accomplished form shall be subscribed
9 
by the applicant in the presence of the Board by means of thumbmark or some
10 
other customary mark and it shall be subscribed and attested by the majority of the
11 
members of the Board.
12 
The attestation shall state the name of the person assisted, the name of the
13 
Election Officer or the member of the accredited citizen's arm who assisted the
14 
applicant, the fact that the Election Officer placed the applicant under oath, that the
15 
Election Officer or the member of the accredited citizen's arm who assisted the
16 
applicant read the accomplished form to the person assisted, and that the person
17 
assisted affirmed its truth and accuracy, by placing his thumbmark or some other
18 
customary mark on the application in the presence of the Board.
19 
The application for registration of a person with disability or a senior citizen
20 
may be prepared by any relative within the fourth civil degree of consanguinity or
21 
affinity, by the Election Officer, by any member of an accredited citizen's arm, or, in
22 
the absence of any of the foregoing, by any person of his or her confidence who
23 
belongs to the same household using the data supplied by the applicant. The fact of
24 
that the applicant is a senior citizen, illiterate, or has a disability shall be so indicated
25 
in the application. Likewise, the type or types of disability and the form or forms of
26 
assistance necessary, whenever applicable, shall be indicated in the application.
27 
Persons with disabilities and senior citizens who have previously registered
28 
but have not indicated the type of disability, or who may have developed or
29 
manifested such disability after having been registered, shall be allowed, during the
30 
periods to file applications for registration, to update their registration records, and
31 
to indicate the type of disability as well as the form of assistance they need during
32 
election day. The Commission may design registration forms specifically for persons
33 
with disability and senior citizens, or issue supplemental forms for the said purpose,
34 
and provide for procedures to be followed by those who need to update their
35 
registration records.
36 
SEC. 29. Registration to avail of early voting and voting by mail. - In order
37 
for senior citizens. Persons with Disabilities, pregnant women, and indigenous
38 
peoples to avail of early voting and voting by mail privileges, they shall, within the
39 
same period for registration of regular voters, manifest their intention to avail of
40 
such privileges through the procedure and forms prescribed by the Commission.
21


1 
The Commission shall establish precincts within the city, municipality, or district that
2 
are exclusively for those who avail of early voting only and those who opt to avail of
3 
early voting by mail. Only those who manifest their intention as required herein shall
4 
be able to avail of early voting and voting by mail privileges.
5 
Senior citizens. Persons with Disabilities and indigenous peoples who have
6 
manifested their intention to avail of early voting or voting by mail shall continue to
7 
vote through eariy voting or voting by mail until they manifest otherwise. The
8 
manifestation of pregnant women to avail of early voting or voting by mail shall be
9 
understood to be for the immediately following election only. After such election, the
10 
election registration board shall transfer them into regular precincts.
11 
SEC. 30. Record of Persons with Disabilities, Senior Citizens, and Indigenous
12 
Peoples. - The Commission shall keep an updated record of persons with disabilities
13 
and senior citizens who are registered as voters, which indicates the types of
14 
disability and the assistance they need, to assist it in determining policy directions
15 
for more inclusive and accessible electoral processes. The record shall be made
16 
accessible to concerned government offices, accredited citizens' arms, civil society
17 
monitoring groups and other organizations which promote the rights of the persons
18 
with disabilities and senior citizens, subject to specific guidelines the Commission
19 
may promulgate to protect the privacy of the individuals concerned.
20 
SEC. 31. Satellite and Special Registration. - The Commission, in coordination
21 
with national government agencies and local government units, person with
22 
disability and senior citizen organizations, and other cause-oriented groups, shall
23 
conduct satellite and/or special registration for persons with disabilities and senior
24 
citizens in accessible places.
25 
SEC. 32. Change of Residence to Another City or Municipality. - Any
26 
registered voter who has transferred residence to another city or municipality may
27 
apply with the Election Officer of his or her new residence for the transfer of his or
28 
her registration records.
29 
The application for transfer of registration shall be subject to the
30 
requirements of notice and hearing and the approval of the Election Registration
31 
Board. Upon approval of the application for transfer, and after notice of such
32 
approval to the Election Officer of the former residence of the voter, said Election
33 
Officer shall transmit by registered mail the voter's registration record to the Election
34 
Officer of the voter's new residence: Provided, That an advance copy thereof be
35 
sent through electronic mail to the Election Officer of the voter's new residence.
36 
SEC. 33. Change of Address in the Same City or Municipality. - Any voter
37 
who has changed his or her address in the same city or municipality shall
38 
immediately notify the Election Officer in writing. If the change of address involves a
39 
change in precinct, the Board shall transfer such voter's registration record to the
22


1 
precinct book of voters of his or her new precinct and notify the voter of his or her
2 
new precinct. All changes of address shall be reported to the office of the provincial
3 
election supervisor, or, in the case of cities and municipality within the National
4 
Capital Region, to the office of the regional election director.
5 
SEC. 34. Election Registration Board. - There shall be in each city and
6 
municipality as many as Election Registration Boards as there are election officers
7 
therein. In thickly populated cities/municipalities, the Commission may appoint
8 
additional election officers for such duration as may be necessary.
9 
The Board shall be composed of the Election Officer as chairperson and as
10 
members, the public school official most senior in rank and the local civil registrar, or
11 
in his or her absence, the city or municipal treasurer.
12 
In case of disqualification of the Election Officer, the Commission shall
13 
designate an acting Election Officer who shall serve as Chairperson of the Election
14 
Registration Board. In case of disqualification or non-availability of the Local
15 
Registrar or the Municipal or City Treasurer, the Commission shall designate any
16 
other appointive civil service official from the same locality as substitute.
17 
No member of the Board shall be related to each other or to any incumbent
18 
city or municipal elective official within the fourth civil degree of consanguinity or
19 
affinity. If in succeeding elections, any of the newly elected city or municipal officials
20 
is related to a member of the board within the fourth civil degree of consanguinity or
21 
affinity, such member is automatically disqualified to preserve the integrity of the
22 
Election Registration Board.
23 
Every registered party and such organizations as may be authorized by the
24 
Commission shall be entitled to a watcher in every registration board.
25 
SEC. 35. Compensation of the Members of the Board. - Each member of the
26 
Board shall be entitled to an honorarium to One Thousand Pesos (P 1,000.00) for
27 
each day of actual service rendered in the Board, which amount the Commission
28 
may adjust every three (3) years hereafter. No member of the Board shall be
29 
entitled to travelling expenses.
30 
SEC. 36. Notice and Hearing of Applications. - Upon receipt of applications
31 
for registration, the Election Officer shall set them for hearing, notice of which shall
32 
be posted in the city or municipal bulletin board and in his or her office for at least
33 
one (1) week before the hearing, and furnish copies thereof 
to the applicant
34 
concerned, the heads or representatives of political parties, and other accredited
35 
groups or organizations which actively participate in the electoral process in the city
36 
or municipality. On the date of the hearing, the Election Officer shall receive such
37 
evidence for or against the applicant.
38 
A registrant whose application is not seasonably objected to shall be notified
39 
in writing stating therein that no objection was raised against his application and
23


1 
that he need not appear on the date set for the hearing of his application. The
2 
application of such registrant shall be approved as a matter of course.
3 
Physical presence of the applicant concerned shall, however, be mandatory in
4 
all cases where objections against his or her application have been seasonably filed
5 
with the proper Election Registration Board for him to rebut or refute evidence
6 
presented in opposition thereto.
7 
All applications for registration shall be heard and processed on a quarterly
8 
basis. For this purpose, the Election Registration Board shall meet and convene on
9 
the third Monday of April, July, October, and January of every calendar year, or on
10 
the next following working day if the designated days fail on a non-working holiday,
11 
except in an election year to conform with the one hundred twenty (120) days
12 
prohibitive period before election day. Should one day be insufficient for the
13 
processing of all accepted applications, the Board shall adjourn from day to day until
14 
all the applications shall have been processed.
15 
SEC. 37. Challenges to Right to Register. - Any voter, candidate or
16 
representative of a registered political party may challenge in writing any application
17 
for registration, stating the grounds therefor. The challenge shall be under oath and
18 
be attached to the application, together with the proof of notice of hearing to the
19 
challenger and the applicant.
20 
Oppositions to contest a registrant's application for inclusion in the voter's list
21 
must, in all cases, be filed not later than the second Monday of the month in which
22 
the same is scheduled to be heard or processed by the Election Registration Board.
23 
Should the second Monday of the month fall on a non-working holiday, oppositions
24 
may be filed on the next following working day. The hearing on the challenge shall
25 
be heard on the third Monday of the month and the decision shall be rendered
26 
before the end of the month.
27 
SEC. 38. Power to Administer Oath and Issue Summons. - For purposes of
28 
determining the right of the applicants to be registered as a voter, the Election
29 
Officer shall have the power to administer oath, issue subpoena duces tecum and
30 
swear in witnesses. The fees and expenses incidental thereto shall be paid in
31 
advance by the party in whose behalf the summons is issued.
32 
SEC. 39. Approval and Disapproval of Application. The Election Officer shall
33 
submit to the Board all applications for registration filed, together with the evidence
34 
received in connection therewith. The Board shall, by majority vote, approve or
35 
disapprove the applications.
36 
Upon approval, the Election Officer shall assign a voters identification number
37 
and issue an acknowledgment receipt to the registered voter. If the Board
38 
disapproves the application, the applicant shall be furnished with a certificate of
39 
disapproval stating the ground therefor. In cases of approval or disapproval, any
24


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4
5
6
7
8 
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
aggrieved party may file a petition for exclusion or inclusion, as the case may be, 
with the proper Municipal or Metropolitan Trial Court as provided for in this Code.
SEC. 40. Publication of Action on Application for Registration. - Within five 
(5) days from approval or disapproval of application, the Board shall post a notice in 
the bulletin board of the city or municipal hall and in the office of the Election 
Officer, stating the name and address of the applicant, the date of the application, 
and the action taken thereon. The Election Officer shall furnish a copy of such notice 
personally, or by registered mail or special delivery to the applicant and heads or 
representatives of registered political parties in the city or municipality.
SEC. 41. Preservation of Voter's Registration Records. - The Election Officer 
shall compile the original copies of the approved applications for registration per 
precinct and arrange the same alphabetically according to surname. He or she shall 
preserve the book of voters and ensure its integrity. The second and third copies of 
the registration records shall be sent to the provincial and national central files 
within three (3) days after the approval of the Board.
The Election Officer shall likewise prepare an electronic copy of the book of 
voters in the format prescribed by the Commission.
SEC. 42. Voter's Identification Number (VIN). - The Commission shall assign 
every registered voter a voter's identification number (VIN) consisting of three 
parts, each separated by a dash. For example: 7501 -00191 -C145BCD.
(a) Part 1: Current Address of the Voter
(1) The first two digits 75 stand for the province; and
(2) The last two digits, 01, stand for the city, municipality, or a district, 
particularly in Manila.
The code assignment for provinces, cities and municipalities shall follow the Urban 
Code devised by the National Census and Statistics Office (NCSO).
(b) Part II: Current Precinct Assignment of the Voter
(1) The first four digits, 0019, stand for the permanent number of the 
precinct where the voter is currently assigned; and
(2) The letter indicates whether it is a mother or a daughter precinct.
The number assigned to the precinct in every city or municipality shall be permanent 
but the voter may transfer his precinct number. The VIN reflects the current precinct 
assignment of the voter.
(c) Part III: Permanent Birth and Name Code Unique to the Voter
(l)The letter, C, stands for the month, i.e., A for January, B for February, 
and so forth;
25


1 
(2) The next two digits, 14, stand for the date of birth;
2 
(3) The next two digits, 51, stand for the year of birth; and
3 
(4) The last three letters, BCD, stand for the name code, i.e., Bayani Cruz
4 
Davide.
5 
The last three letters shall stand for the first letter of the first name, the middle
6 
name, and the last name in that order.
7 
The Commission shall ensure that Part III hereof of the voter's identification number
8 
(VIN) shall be permanent and unique to each voter. If necessary, the Commission
9 
may expand and modify the same.
10 
(d)The combined birth and name code is assigned during the lifetime of every
11 
voter. Upon transfer of the voter to another precinct, the first two parts of
12 
the VIN shall change
13 
SEC. 43. Voter's identification. - If the voter's identity is challenged on
14 
election day or if the electoral board cannot establish with certainty the voter's
15 
identity based on the its records, such voter may present the identification card
16 
issued pursuant to Republic Act 11055 as proof of his or her identity: Provided,
17 
however, That if the voter cannot present such identification card, his or her identity
18 
may be established by the acknowledgment receipt issued pursuant to Section 39
19 
hereof or by any valid identification document issued by the government except
20 
barangay certificate or community tax certificate: Provided further. That in the
21 
absence of the above-mentioned proofs of identity, any member of the electoral
22 
board or any registered voter of the precinct or clustered precinct may identify under
23 
oath the voter, and such fact shall be reflected in the minutes of the electoral board.
24 
SEC. 44. Provincial File. - There shall be a provincial file consisting of the
25 
duplicate copies of all registration records in each precinct of every city and
26 
municipality in the province. It shall be in the custody of the Provincial Election
27 
Supervisor and shall be compiled and arranged by precinct, by municipality and
28 
alphabetically by surnames of voters.
29 
Should the book of voters in the custody of the Election Officer be lost or
30 
destroyed at a time so close to election day that there is no time to reconstitute the
31 
same, the corresponding book of voters in the provincial file shall be used during the
32 
voting.
33 
SEC. 45. National Central File and the Permanent List of Voters. - There shall
34 
be a national central file under the custody of the Commission consisting of the third
35 
copies of all approved voter registration records in each city or municipality. It shall
36 
be compiled by precinct in each city/municipality and arranged alphabetically by
37 
surname so as to make the file a replica of the book of voters in the possession of
38 
the Election Officer. A permanent and computerized list arranged by precinct, city or
26


1 
municipality, province and region shall be prepared by the Commission. Thereafter,
2 
another list shall be prepared by the Commission following the alphabeticai
3 
arrangements of surnames of voters.
4 
There shaii also be a national file consisting of the computerized voters' list,
5 
both in print and in electronic fiie, submitted by the Election Officers in each city and
6 
municipality concerned, under the custody of the Commission.
7 
The computerized voters' list shall make use of a single and uniform computer
8 
program that will have a detailed sorting capability to list voters alphabetically by the
9 
precincts where they vote, by the barangays, municipaiities, cities or provinces
10 
where they reside and by their voters identification number (VIN).
11 
The computer print-outs of the list of voters duly certified by the Board are
12 
official documents and shall be used for voting and other election related purposes
13 
as well as for legitimate research needs.
14 
The total number of voters in the permanent list shall be the basis for the
15 
printing of the official ballots by the Commission.
16 
SEC. 46. Deactivation of Registration. - The Election Registration Board shall
17 
deactivate the registration and remove the registration records of the following
18 
persons from the corresponding precinct book of voters and place the same,
19 
properly marked and dated in indelibie ink, in the inactive file after entering the
20 
cause or causes of deactivation:
21 
(a) Any person who has been sentenced by final judgment to suffer
22 
imprisonment for not less than one (1) year, such disability not having been
23 
removed by plenary pardon or amnesty: Provided, however, That any person
24 
disqualified to vote under this paragraph shaii automatically reacquire the
25 
right to vote upon expiration of five (5) years after service of sentence as
26 
certified by the clerks of courts of the Municipal/Municipal
27 
Circuit/Metropolitan/Regional Trial Courts and the Sandiganbayan;
28 
(b)Any person who has been adjudged by final judgment by a competent court
29 
or tribunal of having caused/committed any crime involving disloyalty to the
30 
duly constituted government such as rebellion, sedition, violation of the anti-
31 
subversion and firearms laws, or any crime against national security, unless
32 
restored to his fuii civil and political rights in accordance with law; Provided,
33 
That he shall regain his right to vote automatically upon expiration of five (5)
34 
years after service of sentence;
35 
(c) Any person declared by competent authority to be insane or incompetent
36 
unless such disqualification has been subsequently removed by a declaration
37 
of a proper authority that such person is no longer insane or incompetent;
27


1 
(d)Any person who did not vote in the two (2) successive preceding regular
2 
elections as shown by their voting records. For this purpose, regular elections
3 
do not include the Sangguniang Kabataan elections;
4 
(e) Any person whose registration has been ordered excluded by the Court; and
5 
(f) Any person who has lost his Filipino citizenship.
6 
(g) Any person who has been disqualified by final judgment from exercising his or
7 
her right to vote unless restored to his full civil and political rights in
8 
accordance with law.
9 
For this purpose, the clerks of court for the First Level Courts/Regional Trial
10 
Courts and the Sandiganbayan shall furnish the Election Officer of the city or
11 
municipality concerned at the end of each month a certified list of persons who are
12 
disqualified under paragraph (a) hereof, with their addresses. The Commission may
13 
request a certified list of persons who have lost their Filipino Citizenship or declared
14 
as insane or incompetent with their addresses from other government agencies.
15 
The Election Officer shall post in the bulletin board of his office a certified list
16 
of those persons whose registration were deactivated and the reasons therefor, and
17 
furnish copies thereof to the local heads of political parties, the national central file,
18 
provincial file, and the voter concerned.
19 
SEC. 47. Reactivation of Registration. - Any voter whose registration has
20 
been deactivated pursuant to the preceding Section may file with the Election Officer
21 
a sworn application for reactivation of his registration in the form of an affidavit
22 
stating that the grounds for the deactivation no longer exist any time but not later
23 
than one hundred twenty (120) days before a regular election and ninety (90) days
24 
before a special election: Provided, That in case the biometric data of such
25 
registered voter is already on file with the Commission, the application for
26 
reactivation may be submitted through electronic mail or similar means.
27 
The Election Officer shall submit said application to the Election Registration
28 
Board for appropriate action.
29 
In case the application is approved, the Election Officer shall retrieve the
30 
registration record from the inactive file and include the same in the corresponding
31 
precinct book of voters. Local heads or representatives of political parties shall be
32 
properly notified on approved applications.
33 
SEC. 48. Canceiiation of Registration. - The Election Registration Board shall
34 
cancel the registration records of those who have died as certified by the Local Civil
35 
Registrar. The Local Civil Registrar shall submit each month a certified list of persons
36 
who died during the previous month to the Election Officer of the place where the
37 
deceased are registered. In the absence of information concerning the place where
38 
the deceased is registered, the list shall be sent to the Election Officer of the city or
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1 
municipality of the deceased's residence as appearing in his death certificate. In any
2 
case, the Local Civil Registrar shall furnish a copy of this list to the national central
3 
file and the proper provincial file.
4 
The Election Officer shall post in the bulletin board of his office a list of those
5 
persons who died and whose registrations were cancelled, and furnish copies thereof
6 
to the local heads of the political parties, the national central file, and the provincial
7 
file.
8 
SEC. 49. Preparation and Posting of the Certified List of Voters. - The
9 
Election Registration Board shall prepare and post certified list of voters no later
10 
than ninety (90) days before a regular election and sixty (60) days before a special
11 
election and furnish copies thereof to the provincial, regional and national central
12 
files. Copies of the certified list, along with a certified list of deactivated voters
13 
categorized 
by precinct per barangay, within the same period shall likewise be
14 
posted in the office of the Election Officer and in the bulletin board of each
15 
city/municipal hall. Upon payment of the fees as fixed by the Commission, the
16 
candidates and heads of registered political parties shall also be furnished copies
17 
thereof.
18 
The Election Registration Board shall also furnish two (2) certified copies for
19 
said certified list of voters, along with a certified list of deactivated voters to the
20 
Electoral Board for posting in the polling place and for their reference on election
21 
day.
22 
SEC. 50. Sealing of Precinct Book of Voters. - The Election Registration
23 
Board shall notify, within fifteen (15) days before the start of the campaign period
24 
for local candidates, all registered political parties having a headquarters within its
25 
jurisdiction and members of the Electoral Boards to inspect and verify 
the
26 
completeness of the voter's registration records for each precinct compiled in the
27 
book of voters.
28 
In case of Barangay and Sangguniang Kabataan elections, the Election
29 
Registration Board shall notify within fifteen (15) days before the start of the
30 
campaign period the members of the Barangay Electoral Boards and the barangay
31 
secretaries to inspect and verify the completeness of the voter's registration records
32 
for each precinct compiled in the book of voters: Provided, That the candidates may,
33 
to the extent feasible, observe the verification and inspection process.
34 
After verification and certification by the Electoral Boards and party
35 
representatives or, in the case of barangay and Sangguniang Kabataan Elections, by
36 
the Barangay Electoral Boards and the barangay secretaries, the Election
37 
Registration Board shall seal the book of voters in the presence of the former at the
38 
start of the campaign period and take custody of the same until their distribution to
39 
the Electoral Board on election day. The Election Officer shall deliver the sealed
29


1 
precinct book of voters to the chairman of the Electoral Board when the latter
2 
secures its official ballots and other paraphernalia for election day.
3 
SEC. 51. Jurisdiction in Inciusion and Exciusion Case. - First Level Courts
4 
shall have original and exclusive jurisdiction over all cases of inclusion and exclusion
5 
of voters in their respective jurisdictions. Decisions of the First Level Courts may be
6 
appealed by the aggrieved party to the Regional Trial Court within five (5) days from
7 
receipt of notice thereof. Otherwise, said decision shall become final and executory.
8 
The Regional Trial Court concerned shall decide the appeal within ten (10) days from
9 
the time it is raffled thereto. The decision of the Regional Trial Court is immediately
10 
final and executory. No motion for reconsideration or appeal shall be entertained.
11 
SEC. 52. Petition for Inciusion of Voters in the List - Any person whose
12 
application for registration has been disapproved by the Election Registration Board
13 
or whose name has been stricken out from the list may file with the court a petition
14 
to include his or her name in the permanent list of voters in his precinct at any time
15 
except one hundred five (105) days prior to a regular election or seventy-five (75)
16 
days prior to a special election. It shall be supported by a certificate of disapproval
17 
of his application and proof of service of notice of his petition upon the Election
18 
Registration Board. The petition shall be decided within ten (10) days after its filing.
19 
If the decision is for the inclusion of voters in the permanent list of voters, the
20 
Election Registration Board shall place the application for registration previously
21 
disapproved in the corresponding book of voters and indicate in the application for
22 
registration the date of the order of inclusion and the court which issued the same.
23 
SEC. 53. Voters Exciuded through Inadvertence or Registered with an
24 
Erroneous or Misspeiied Name. - Any registered voter whose registration record has
25 
not been included in the precinct book of voters, or whose name has been omitted
26 
in the list of voters or who has been included therein with a wrong or misspelled
27 
name may file with the Election Registration Board an application for inclusion of his
28 
or her record, or reinstatement or correction of his name as the case may be. If it is
29 
denied or not acted upon within fifteen (15) days from filling, the voter may file on
30 
any date with the proper First Level Court a petition for an order directing that the
31 
voter's name be entered or corrected in the list. The voters shall attach to the
32 
petition a certified true copy of his or her registration record or the acknowledgment
33 
receipt issued pursuant to Section 40 hereof or the entry of his or her name in the
34 
list of voters used in the preceding election, together with proof that his or her
35 
application was denied or not acted upon by the Board and that he or she has
36 
served notice thereof to the Board.
37 
SEC. 54. Change of name of registered voter. - Any previously registered
38 
voter whose name has been changed by reason of marriage or by virtue of a court
39 
order or by order of the Civil Registrar or Consul General may file an application for
40 
change of name by personally accomplishing three (3) copies of the prescribed
30


1 
application form and filing the same with the election registration board through the
2 
election officer. In support of the application, the applicant shall submit any
3 
original/certified true copy of the following:
4 
(a) Certification by the solemnizing officer;
5 
(b) Marriage contract or court order with certificate of finality;
6 
(c) Order by the Civil Registrar or Consul General, as the case may be.
7 
A female registered voter whose marriage has been annulled or declared void
8 
by competent court may request that her voter registration records shall reflect her
9 
maiden name and that the signature she affixed therein be changed. In such case,
10 
the applicant shall attach a certified true copy of the court's final order or decision,
11 
annulling the marriage or declaring the marriage a nullity.
12 
SEC. 55. Petition for exclusion of voters from the list - Any registered voter,
13 
representative of a duly registered political or sectoral party or organization or the
14 
Election Officer, may file with the court a sworn petition for the exclusion of a voter
15 
from the permanent list of voters giving the name, address and the precinct of the
16 
challenged voter at any time except one hundred (100) days prior to a regular
17 
election or sixty-five (65) days before a special election. The petition shall be
18 
accompanied by proof of notice to the Election Registration Board and to the
19 
challenged voter and shall be decided within ten (10) days from its filing.
20 
If the decision is for the exclusion of the voter from the list, the Election
21 
Registration Board shall, upon receipt of the final decision, remove the voter's
22 
registration record from the corresponding book of voters, enter the order of
23 
exclusion therein, and thereafter place the record in the inactive file.
24 
SEC. 56. Common Rules Governing Judicial, Proceedings in the Matter of
25 
Inclusion, Exclusion, and Correction of Names of Voters. -
26 
(a) Petition for inclusion, exclusion or correction of names of voters shall be filed
27 
during office hours;
28 
(b) A copy of the petition shall be served upon the members of the Board and the
29 
challenged voter prior to the filing of the petition. Service of such petition
30 
may be made by sending a copy thereof by personal delivery, by leaving it in
31 
the possession of a person of sufficient discretion residing in the residence
32 
stated by the challenged voter in his or her application for registration, or by
33 
registered mail. Should the foregoing procedures not be practicable, the
34 
petition may be sent through a private courier: Provided, That the petition
35 
cannot be filed in court until after forty-eight (48) hours have elapsed since
36 
the time the petition was sent through private courier.
37 
(c)A petition shall refer only to one (1) precinct and implead the Election
38 
Registration Board as respondents;
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1 
(d) No costs shall be assessed against any party in these proceedings. However,
2 
if the court should find that the application has been filed solely to harass the
3 
adverse party and cause him to incur expenses, it shall order the culpable
4 
party to pay the costs and incidental expenses;
5 
(e) Any registered voter, candidate or registered political party, sectoral party, or
6 
sectoral organization that may be affected by the proceedings may intervene
7 
and present his evidence;
8 
(f) The decision shall be based on the evidence presented and in no case
9 
rendered upon a stipulation of facts. If the question is whether or not the
10 
voter is real or fictitious, his or her non-appearance on the day set for hearing
11 
shall be prima facie evidence that the challenged voter is fictitious; and
12 
(g)The petition shall be heard and decided within ten (10) days from the date of
13 
its filing. Cases appealed to the Regional Trial Court shall be decided within
14 
ten (10) days from receipt of the appeal. Decisions of the Regional Trial Court
15 
are final and immediately executory. In all cases, the court shall decide these
16 
petitions not later than fifteen (15) days before the election.
17 
SEC. 57. Canvass to check registration. - The election registrar shall, once
18 
every two years or more often should the Commission deem it necessary in order to
19 
preserve the integrity of the permanent lists of voters, conduct verification by mail or
20 
house-to-house canvass, or both, of the registered voters of any barangay for
21 
purposes of exclusion proceedings.
22 
SEC. 58. Annuiment at Book of Voters. - The Commission shall, upon verified
23 
petition of any voter or election officer or duly registered political party, sectoral
24 
party, or sectoral organization, and after notice and hearing, annul any book of
25 
voters that is not prepared in accordance with the provisions of this Code or was
26 
prepared through fraud, bribery, forgery, impersonation, intimidation, force or any
27 
similar irregularity, or which contains data that are statistically improbable and upon
28 
a showing that any other remedy provided for under this Article is insufficient to
29 
correct such book of voters. No order, ruling or decision annulling a book of voters
30 
shall be executed within ninety (90) days before an election.
31 
SEC. 59. Reconstitution of Lost or Destroyed Registration Records. - The
32 
Commission shall reconstitute all registration records which have been lost or
33 
destroyed by using the corresponding copies of the provincial or national central
34 
files. In case of conflict, the Commission shall determine which file shall be used for
35 
reconstitution purposes. If this is not feasible, the Commission shall conduct a
36 
general registration of voters in the affected area: Provided, That there is a
37 
scheduled election before the next scheduled general registration of voters in
38 
accordance with the Omnibus Election Code. All such voters shall retain their voter's
32


1 
identification number. Reconstituted forms shall be clearly marked with the word
2 
"reconstituted."
3 
It shall be the duty of the Election Officer to immediately report to the
4 
Commission any case of loss or destruction of registration record in his custody.
5 
The reconstitution of any lost or destroyed registration records shall not affect
6 
the criminal liability of any person who is responsible for such loss or destruction.
7 
SEC. 60. Examination of Registration Records. - All registration
8 
records/computerized voters list in the possession of the Election officer, the
9 
Provincial Election Supervisor, and the Commission shall, during regular office hours,
10 
be open to examination by the public for legitimate inquiries on election related
11 
matters, free from any charge or access fee: Provided, That sensitive personal
12 
information as defined in Republic Act 10173, including biometrics data, shall not be
13 
disclosed except upon order of the Court.
14 
SEC. 61. Right to Information. - The duly authorized representative of a
15 
registered political party or of a bona fide candidate shall have the right to inspect
16 
and/or copy at their expense the accountable registration forms and/or the list of
17 
registered voters in the precincts constituting the constituency of the bonafide
18 
candidate or at which the political party is fielding candidates. The inspection and
19 
copying shall be conducted during business hours of the Commission and shall be
20 
subject to reasonable regulations.
21 
Article 5
22 
Registration of Political Parties, Sectoral Parties,
23 
Sectoral Organizations, and Coalitions
24 
SEC. 62. Registration of poiiticai parties, organizations, and coalitions not
25 
participating in the party-iist elections. - Any political party, organization, or coalition
26 
of political parties, which does not intend to participate in the next proceeding party-
27 
list elections, may register with the Commission by filing a petition duly verified by
28 
its President and Secretary -General, or any official duly authorized to do so under
29 
its Constitution and By-laws. The petition for registration shall state the following:
30 
(a) Full name of the political party, organization or coalition of political parties;
31 
(b) The principal headquarters and post office address for election purposes,
32 
including its branches and divisions, if any;
33 
(c) The date and place of its organization;
34 
(d) The date and manner of election or selection of its officers;
35 
(e) The names and addresses of its organizers and officers. 
Executive
36 
Committee members. Directorate, or Party Convention delegates, if any;
37 
(f) The extent of its constituency;
33


1 
(g) Its program of government;
2 
(h) That it is not a religious sect or denomination;
3 
(i) That it shall not pursue its goals through violence or other unlawful means;
4 
(j) That it shall uphold and adhere to the Constitution and shall obey all laws
5 
and legal orders promulgated by duly constituted authorities;
6 
(k) That it is not supported by, nor does it accept financial contribution from
7 
any foreign government or their agencies;
8 
(I) That it shall not participate in the next proceeding party-list elections; and
9 
(m) Other information that may be material and relevant to the petition.
10 
The petitioner shall attach to the petition for registration its constitution and
11 
by-laws, party platform, organizational papers, declarations of political creed or code
12 
of political ethics and such other documents of similar or equivalent character in
13 
such number of copies as may be prescribed by the Commission.
14 
The Commission shall promulgate such rules as are necessary to ensure that
15 
the status and capacity of the petitioner and the veracity of the allegations in the
16 
petition and its attachments are verified and that the petition is published in two
17 
newspapers of general circulation. After due notice and hearing, if the petitioner has
18 
proven that it has faithfully complied with the requirements for registration under
19 
this Code, the Commission shall issue a certificate of registration, which shall be
20 
displayed in the main office and in all chapters of the petitioner. In no case shall any
21 
petition for registration be resolved by the Commission later than thirty (30) days
22 
from the date the same has been submitted for resolution.
23 
After approval of registration, the political party, organization, or coalition in
24 
question shall acquire juridical personality and shall be entitled to the rights and
25 
privileges herein granted.
26 
SEC. 63. Registration of parties, organizations, and coaiitions participating in
27 
the party-iist system. - For the purpose of participating in the party-list system, any
28 
organized group of persons may register either as a 1) national political party; 2)
29 
regional political party; 3) coalition of political parties; 4) sectoral party or 5) sectoral
30 
organization by filing with the Commission not later than one (1) year before the
31 
election a petition verified by its president or secretary stating its desire to
32 
participate in the party-list system as such party, organization, or coalition :
33 
Provided, That the sectors shall include labor, peasant, fisherfolk, urban poor,
34 
indigenous cultural communities or indigenous peoples, elderly, persons with
35 
disabilities, women, youth, veterans, overseas workers, and professionals.
36 
The petition for registration shall contain the following: a) name and acronym
37 
of the petitioner, with the acronym not exceeding twenty characters; b) nature of
38 
the organization; c) sector or sectors which it seeks to represent, if applicable; d)
34


1 
the name and address of its president/chairman, or, in his or her absence, the
2 
Secretary-General who will represent the party in the petition; e) petitioner's
3 
principal headquarters and postal office address; f) names, positions, and addresses
4 
of its elected officers; g) petitioner's intention or desire to participate in the party-list
5 
election; h) names and addresses of its chapter offices; i) that all of its officers and
6 
members are made aware of the petition and have given their consent thereto; j)
7 
the list of documents attached to the petition; k) names, addresses, and
8 
representatives of sectoral parties or organizations affiliated with the petitioner,
9 
which affiliates need not be registered with the Commission, but have given their
10 
consent thereto; I) that it is not a religious sect or denomination, organization or
11 
association organized for religious purpose; m) that it shall not advocate violence or
12 
unlawful means to achieve its goals; n) that it is not an adjunct or a project
13 
organized or an entity funded or assisted by the government; o) that it is not a
14 
foreign party or organization; p) that it does not receive support for partisan political
15 
purposes from any foreign government, foreign political party, foundation,
16 
organization, whether directly or indirectly, or through its officers or members, or
17 
indirectly through third parties; q) the period of existence of petitioner which shall at
18 
least be one (1) year at the time the petition is filed; r) that it commits to comply
19 
with the laws, rules, and regulations relating to elections ; and s) it shall not field
20 
candidates in legislative district elections.
21 
The petition must be supported by the following documents: a) Constitution
22 
and by-laws as an organization seeking registration under the party-list system of
23 
representation; b) platform or program of government; c) list of all its officers and
24 
members; in case of sectoral parties or sectoral organizations, the list of officers and
25 
members must show that the majority of its members and officers belong to the
26 
marginalized and underrepresented sector or sectors it seeks to represent; d)
27 
Manifestation of intent to participate in the next immediately succeeding national
28 
and local elections and list of at least five (5) nominees; e) in case of sectoral parties
29 
or sectoral organizations, track record summary showing that all of its nominees
30 
represent and seek to uplift the marginalized and underrepresented sector or sectors
31 
which the party or organization seeks to represent; f) likewise, in case of sectoral
32 
parties or organizations, proof that all of its nominees belong to the marginalized
33 
and underrepresented sector which they seek to represent; g) coalition agreement,
34 
if any; h) in case of national or regional political parties, sworn proofs of existence in
35 
the areas where the organization is claiming representation; and i) such other
36 
documents required by the Commission.
37 
A political party, organization, or coalition, as well as the sectoral wing of a
38 
political party, organization, or coalition, which has been registered in accordance
39 
with the preceding section and which intends to participate in the party-list elections,
40 
shall register anew under this section and shall fully comply with the provisions
35


1 
hereof; Provided, however, That the denial of the petition under this section shall
2 
not affect the registration already granted under the preceding section.
3 
The Commission shall promulgate such rules as are necessary to ensure that
4 
the status and capacity of the petitioner and the veracity of the allegations in the
5 
petition and its attachments are verified and that the petition is published in two
6 
newspapers of general circulation. The Commission shall, after due notice and
7 
hearing, resolve the petition within thirty (30) days from the date it was submitted
8 
for decision but in no case not later than sixty (60) days before election.
9 
SEC. 64. Refusal and/or Cancellation of Registration. - The Commission may,
10 
motu proprio or upon verified complaint of any interested party, refuse or cancel,
11 
after due notice and hearing, the registration of any national political party, regional
12 
political party, coalition of political parties, sectoral party, or sectoral organization,
13 
regardless whether such party, organization, or coalition shall participate or has
14 
participated in any party-list election, on any of the following grounds;
15 
(a) It is a religious sect or denomination, organization or association, organized
16 
for religious purposes;
17 
(b) It advocates violence or unlawful means to seek its goal;
18 
(c) It is a foreign party or organization;
19 
(d)It is receiving support, financial or otherwise, from any foreign government,
20 
foreign political party, foundation, organization, whether directly or through
21 
any of its officers or members or indirectly through third parties for partisan
22 
election purposes;
23 
(e)It fails, at least on two occasions, to file the 
required statement 
of
24 
contributions and expenditures within the prescribed period as required by
25 
this Code.
26 
(f) It violates or fails to comply with laws, rules 
or regulations 
relating to
27 
elections, plebiscites, referenda, or initiative;
28 
(g)It declares untruthful statements in its petition;
29 
(h) It has ceased to exist for at least one (1) year;
30 
In case of parties, organizations, or coalitions which have registered under
31 
the preceding section of this article, the following shall likewise be grounds for denial
32 
or cancellation of Registration:
33 
(a) Material misrepresentation of the qualifications of its nominees;
34 
(b)A finding by final judgment that it directly or indirectly participated in acts
35 
detrimental to the best interest of the government, 
to overthrow the
36 
government, or diminish its powers, or to be associated by 
any means to
36


1 
rebels or those designated and/or proscribed terrorist persons under R.A. No.
2 
11479 or the "Anti-Terrorism Act of 2020.
3 
(c) Failure to participate in the last two (2) preceding party-list elections; or
4 
(d) Failure in the last two (2) preceding party-list elections to obtain at least two
5 
per centum (2%) of the votes cast for political parties and coalitions under
6 
the party-list system, or at least two per centum (2%) of the votes cast for
7 
sectoral parties, organizations, and coalitions, as the case may be.
8 
In case of parties, organizations, or coalitions registered under Section 51
9 
hereof, their failure to field official candidates in the last two proceeding elections or
10 
the failure of their candidates in the last two preceding elections to obtain an
11 
aggregate of at least five per centum (5%) of the votes cast in the constituencies
12 
where they seek to be represented shall be an additional ground for cancellation of
13 
the registration of such parties, organizations, or coalitions.
14 
SEC. 65. Dominant Majority Party, Dominant Minority Party, Major National
15 
Parties and Major Local Parties. - Not later than forty-five (45) days before the
16 
scheduled election, a political party duly registered with the Commission may file a
17 
verified petition for accreditation as the Dominant Majority Party, the Dominant
18 
Minority Party, one of the Ten (10) Major National Parties, or one of the Two (2)
19 
Major Local Parties. In determining the Dominant Majority Party, the Dominant
20 
Minority Party, the Ten (10) Major National Parties and the Two (2) Major Local
21 
Parties the following shall be the criteria:
22 
(a) The established record of the said parties, coalition of groups that now
23 
compose them, taking into account among other things, their showing in past
24 
elections;
25 
(b)The number of incumbent elective officials belonging to them on the last day
26 
of the filing of the Certificate of Candidacy (COC);
27 
(c) Their identifiable political organizations and strengths as evidenced by their
28 
organized chapters;
29 
(d)The ability to fill a complete slate of candidates from the municipal level to
30 
the position of President;
31 
(e)The number of women candidates fielded by political parties from the
32 
municipal level to the position of President; and
33 
(f) Other analogous circumstances that may determine their relative
34 
organizations and strengths.
35 
The accreditation of the Dominant Majority Party, the Dominant Minority Party
36 
and the Ten (10) Major Political Parties shall be established through weighted
37 
average points for each of the above criteria. The Commission shall determine the
37


1 
appropriate points to be accorded to each of the above criteria, ensuring that the
2 
interest of the candidates and the parties they represent are protected.
4 
Article 6
5 
The Party-list System
6 
SEC. 66. Classification of groups under the party-iist system. - The party-list
7 
system shall be divided into two classifications: (a) political parties or coalition of
8 
political parties, and (b) sectoral parties or organizations. Fifty percent (50%) of the
9 
seats allocated for the party-list shall be reserved for political parties and coalitions
10 
of political parties and the other fifty percent (50%) shall be reserved for sectoral
11 
parties or organizations: Provided, That in case of an odd number in the total
12 
number of seats to be allocated, the same shall be allocated to the party-list group
13 
next in rank in terms of total number of votes regardless of classification. In the
14 
event of a tie priority should be given to the most number of participating party-list
15 
group on its first occurrence.
16 
SEC. 67. Manifestation to Participate in the Party-List System. - Any part1/,
17 
organization, or coalition which has a valid and subsisting registration with the
18 
Commission under Section 63 hereof need not register anew. However, such party,
19 
organization or coalition shall file with the Commission, not later than one (1) year
20 
before the election, a manifestation of its desire to participate in the party-list
21 
system.
22 
SEC. 68. Certified List of Registered Parties. - The COMELEC shall, not later
23 
than sixty (60) days before election, prepare a certified list of national or regional
24 
political parties and coalition of political parties and a certified list of sectoral parties,
25 
organizations, or coalition of sectoral parties which have applied or who have
26 
manifested their desire to participate under the party-list system and distribute
27 
copies thereof to all precincts for posting in the polling places on election day. The
28 
names of the party-list nominees shall not be shown on the certified list.
29 
SEC. 69. Nomination of Party-List Representatives. Each registered party,
30 
organization or coalition shall submit to the Commission, not later than the date set
31 
for the filing of its manifestation of intent to participate in the party-list election, a
32 
list of names of not less than five (5) nominees from which party-list representatives
33 
shall be chosen in case it obtains the required number of votes, together with the
34 
certificates of nomination and acceptance of all the nominees in such list.
35 
A person may be nominated in one (1) list only. Only persons who have given
36 
their consent in writing may be named in the list. The list shall not include any
37 
candidate for any elective office or a person who has lost his bid for an elective
38 
office in the immediately preceding election. No change of names or alteration of the
39 
order of nominees shall be allowed after the same shall have been submitted to the
38


1 
Commission except in cases where the nominee dies or becomes incapacitated in
2 
which case the name of the substitute nominee shall be placed last in the list.
3 
SEC. 70. Substitution of Party-List Nominees. - Substitution shall be allowed
4 
for any nominee who dies, becomes incapacitated, or has been disqualified. The
5 
party, organization, or coalition concerned shall file with the Commission the
6 
certificate of nomination and acceptance of the substitute nominee, the amended list
7 
of nominees, and proof of publication of the amended list of nominees. The
8 
substitute nominee shall be placed last in the list. Sectoral parties or organizations
9 
must submit to the Commission a track record summary showing that the substitute
10 
nominee represents and seeks to uplift the marginalized and underrepresented
11 
sector or sectors the party or organization seeks to represent and proof that such
12 
nominee belongs to such sector.
13 
No substitution shall be allowed for nominees who withdraw their acceptance
14 
to the nomination. In the event the list of nominees of a party-list group is
15 
exhausted because of the withdrawal of all of its nominees, such party, organization,
16 
or coalition shall be deemed to have withdrawn its manifestation of intent to
17 
participate in the elections. Any vote garnered by such party, organization or
18 
coalition shall be considered stray and shall not be counted.
19 
SEC. 71. Quaiifications of Party-List Nominees. - No person shall be
20 
nominated as party-list representative unless he or she is a natural-born citizen of
21 
the Philippines, a registered voter, a resident of the Philippines for a period of not
22 
less than one (l)year immediately preceding the day of the election, able to read
23 
and write, a bona fide member of the party or organization which he or she seeks to
24 
represent for at least one year preceding the day of the election, and is at least
25 
twenty-five (25) years of age on the day of the election: Provided, That the
26 
nominees of a sectoral party or organization or coalition of sectoral parties or
27 
organizations must belong to the marginalized and underrepresented sector which
28 
they seek to represent.
29 
In case of a nominee of the youth sector, he or she must at least be twenty-
30 
five (25) but not more than thirty (30) years of age on the day of the election. Any
31 
youth sectoral representative who attains the age of thirty (30) during his term shall
32 
be allowed to continue in office until the expiration of his or her term.
33 
SEC. 72. Canceiiation or Deniai of Due Course to the Certificate of
34 
Nomination of Party-iist Nominees. - Any person may, within ten (10) days after the
35 
publication of the list of nominees, file with the Commission a verified petition
36 
seeking to deny due course to or to cancel the nomination of nominees of party-list
37 
groups on the ground that a material misrepresentation has been committed in the
38 
qualifications of a nominee.
39


1 
The deliberate failure by the nominee to disclose that he or she has been
2 
declared by competent authority as insane or incompetent, or that he or she has
3 
been sentenced by final judgment for subversion, insurrection, rebellion or for any
4 
offense for which he or she has been sentenced to a penalty of more than eighteen
5 
months or for a crime involving moral turpitude, shall constitute material
6 
misrepresentation unless there is a declaration by competent authority that said
7 
insanity or incompetence had been removed, or, in case of conviction for the
8 
offenses herein mentioned, such nominee has been given plenary pardon or granted
9 
amnesty or at least five years have passed from his or her service of sentence.
10 
SEC. 73. Disqualification of Nominees. - A verified petition seeking the
11 
disqualification of a nominee of party-list organizations, parties, or coalitions may be
12 
filed by any person any time before proclamation when the nominee has been
13 
declared by final judgment of a competent court guilty of, or found by the
14 
Commission of having:
15 
(a) Given money or other material consideration to influence, induce or corrupt
16 
the voters or public officials performing electoral functions;
17 
(b) Committed acts of terrorism to enhance his candidacy;
18 
(c) Spent in the campaign an amount in excess of that allowed by law;
19 
(d) Committed any election offense related to election campaign and campaign
20 
finance as set forth in this Code.
21 
SEC. 74. Number of Party-List Representatives. - The party-list
22 
representatives shall constitute twenty per centum (20%) of the total number of the
23 
members of the House of Representatives including those under the party-list.
24 
In determining the equal allocation of seats for the political parties or coalition of
25 
political parties and the sectoral parties or organizations under the party-list system
26 
pursuant to Section 63 hereof, the following procedure shall be observed:
27 
(a) The parties, organizations, and coalitions shall be ranked from the highest to
28 
the lowest based on the number of votes they garnered during the elections.
29 
(b)The political parties, coalitions of political parties, sectoral parties, and
30 
sectoral organizations receiving at least two percent (2%) of the total votes
31 
cast for the entire party-list system , shall, to the extent possible , be entitled
32 
to one seat each: Provided, that those garnering more than two percent (2%)
33 
of the votes shall, to the extent practicable, be entitled to additional seats in
34 
proportion to their total number of votes until all the additional seats are
35 
allocated; Provided further, that in no case shall any party, organization, or
36 
coalition be entitled to not more than three (3) seats ; Provided finally, that
37 
the proportion of seats between the nominees of political parties or coalitions
40


1 
and sectoral parties or organizations, as set forth in Section 63 hereof, be
2 
observed at all times.
3 
SEC. 75. Procedure in Allocating Seats for Party-List Representatives. - The
4 
Commission shall separately tally all the votes for the political parties or coalitions
5 
and sectoral parties or organizations on a nationwide basis, rank them according to
6 
the number of votes received, and allocate party-list representatives proportionately
7 
according to the percentage of votes obtained by each party, organization, or
8 
coalition as against the total nationwide votes cast for the party-list system. In the
9 
allocation of seats, the Commission should ensure that Section 63 of this Code is
10 
complied with.
11 
SEC. 76. Term of Office and Vacancy. - Party-list representatives shall be
12 
elected for a term of three (3) years which shall begin, unless otherwise provided by
13 
law, at noon on the thirtieth day of June next following their election. No party-list
14 
representatives shall serve for more than three (3) consecutive terms. Voluntary
15 
renunciation of the office for any length of time shall not be considered as an
16 
interruption in the continuity his service for the full term for which he was elected.
17 
In case of vacancy in the seats reserved for party-list representatives, the
18 
vacancy shall be automatically filled by the next representative from the list of
19 
nominees in the order submitted to the Commission by the same party, organization,
20 
or coalition, who shall serve for the unexpired term. If the list is exhausted, the
21 
party, organization coalition concerned shall submit additional nominees.
22 
SEC. 77. Change of Affiliation; Effect. - Any elected party-list representative
23 
who changes his or her political party or sectoral affiliation during his or her term of
24 
office shall forfeit his or her seat: Provided, That if he or she changes his or her
25 
political party or sectoral affiliation within one (1) year before an election, he or she
26 
shall not be eligible for nomination as party-list representative under his or her new
27 
party or organization.
28 
SEC. 78. Rights of Party-List Representatives. - Party-List Representatives
29 
shall be entitled to the same salaries and emoluments as regular members of the
30 
House of Representatives.
31
32 
Article 7
33 
Eligibility of Candidates and the Certificate of Candidacy
34 
SEC. 79. Qualificatio/7s for President and Vice-President of the Philippines. -
35 
No person may be elected President unless he is a natural-born citizen of the
36 
Philippines, a registered voter, able to read and write, at least forty years of age on
37 
the day of election, and a resident of the Philippines for at least ten years
38 
immediately preceding such election.
41


1 
SEC. 80. Qualifications for Senators. - No person shall be a Senator unless
2 
he is a natural-born citizen of the Philippines and, on the day of the election, is at
3 
least thirty-five years of age, able to read and write, a registered voter, and a
4 
resident of the Philippines for not less than two years immediately preceding the day
5 
of the election.
6 
SEC. 81. Qualifications for Members of the House of Representatives. - No
7 
person shall be a Member of the House of Representatives unless he is a natural-
8 
born citizen of the Philippines and, on the day of the election, is at least twenty-five
9 
years of age, able to read and write, and, except the party-list representatives, a
10 
registered voter in the district in which he shall be elected, and a resident thereof for
11 
a period of not less than one year immediately preceding the day of the election.
12 
SEC. 82. Qualifications of elective local and barangay officials. - The
13 
qualifications for elective provincial, city, municipal and barangay officials shall be
14 
those provided for in the Local Government Code.
15 
SEC. 83. Candidates holding appointive office or positions. - Any person
16 
holding a public appointive office or position, including active members of the Armed
17 
Forces of the Philippines, and officers and employees in government-owned or
18 
controlled corporations, shall be considered ipso facto resigned from his or her office
19 
upon the filing of his or her certificate of candidacy or certificate of acceptance and
20 
nomination.
21 
SEC. 84. Disqualifications. - Any candidate who, in an action or protest in
22 
which he is a party is declared by final decision of a competent court guilty of, or
23 
found by the Commission of having (a) given money or other material consideration
24 
to influence, induce or corrupt the voters or public officials performing electoral
25 
functions; (b) committed acts of terrorism to enhance his candidacy; (c) spent in his
26 
election campaign an amount in excess of that allowed by this Code; or (d)
27 
committed any election offense related to election campaign and campaign finance
28 
as set for in this Code shall be disqualified from continuing as a candidate, or if he
29 
has been elected, from holding the office
30 
The petition under this section must be verified and may be filed by any
31 
registered voter or any duly registered party, organization, or coalition. Such petition
32 
shall be filed any day after the last day for filing of certificates of candidacy, but not
33 
later than the date of proclamation.
34 
A petition to disqualify that invoke grounds for a petition to deny or cancel a
35 
certificate of candidacy or petition to declare a candidate as a nuisance candidate, or
36 
a combination thereof, shall be summarily dismissed.
37 
SEC. 85. Effects of Disqualification. - Any candidate who has been declared
38 
by final judgment to be disqualified shall not be voted for. If for any reason a
39 
candidate is not declared by final judgment before an election to be disqualified and
42


1 
he is voted for and receives the winning number of votes in such election, the Court
2 
or Commission shall continue with the trial and hearing of the action, inquiry, or
3 
protest and, upon motion of the complainant or any intervenor, may during the
4 
pendency thereof order the suspension of the proclamation of such candidate
5 
whenever the evidence of his guilt is strong,
6 
If the candidate is disqualified by final judgment prior to the election, the
7 
votes cast for him or her shall be considered stray. However, should the
8 
disqualification of the candidate become final only after the election, the rules on
9 
succession of public officers as laid down in the Constitution, the Local Government
10 
Code, and other applicable laws, shall apply.
11 
The Commission shall give priority to cases of disqualification by reason of
12 
violation of this Code.
13 
SEC. 86. Nuisance candidates. - The Commission may motu proprio or upon
14 
a verified petition of any registered voter, refuse to give due course to or cancel a
15 
certificate of candidacy if it is shown that said certificate has been filed to put the
16 
election process in mockery or disrepute or to cause confusion among the voters by
17 
the similarity of the names of the registered candidates or by other circumstances or
18 
acts which clearly demonstrate that the candidate has no bona fide intention to run
19 
for the office for which the certificate of candidacy has been filed and thus prevent a
20 
faithful determination of the true will of the electorate.
21 
The petition to declare a candidate as a nuisance candidate, whether initiated
22 
motu proprio by the Commission or otherwise, must be verified and the same shall
23 
be filed within five (5) days from the last day of the filing of certificates of candidacy
24 
SEC. 87. Certificate of candidacy. - No person shall be eligible for any
25 
elective public office unless he files a sworn certificate of candidacy within the period
26 
fixed herein.
27 
A person who has filed a certificate of candidacy may, prior to the election,
28 
withdraw the same by submitting to the office concerned a written declaration under
29 
oath.
30 
No person shall be eligible for more than one office to be filled in the same
31 
election, and if he files his certificate of candidacy for more than one office, he shall
32 
not be eligible for any of them.
33 
However, before the expiration of the period for the filing of certificates of
34 
candidacy, the person who was filed more than one certificate of candidacy may
35 
declare under oath the office for which he desires to be eligible and cancel the
36 
certificate of candidacy for the other office or offices.
37 
The filing or withdrawal of a certificate of candidacy shall not affect whatever
38 
civil, criminal, or administrative liabilities which a candidate may have incurred.
43


1 
SEC. 88. Contents of certificate of candidacy. - The certificate of candidacy
2 
shall state following:
3 
(a) Office aspired for;
4 
(b) Name of the aspirant;
5 
(c) Age;
6 
(d) Sex;
7 
(e) Civil Status;
8 
(f) Place and date of birth;
9 
(g) Citizenship, whether natural-born or naturalized;
10 
(h)The duly registered political party or coalition of political party to which he or
11 
she belongs, if any;
12 
(i) The name of the spouse, if married;
13 
G) Complete address for election 
purposes;
14 
(k) Residence, giving the exact address and the number of years residing in:
15 
(i) 
The Philippines and whenever applicable,
16 
(ii) 
The place where the aspirant intends to 
be elected up to the day
17 
before the election;
18 
(I) The barangay, city, municipality and province where the aspirant is a
19 
registered voter or will be a registered voter;
20 
(m) Profession or occupation or employment;
21 
(n)That the aspirant is eligible for said office;
22 
(o)That the aspirant is not a permanent resident or an immigrant to a foreign
23 
country;
24 
(p)That the aspirant has executed a sworn renunciation of foreign citizenship, if
25 
applicable;
26 
(q)That the aspirant will file, with the Commission, within thirty (30) days after
27 
the day of the election, a full, true and itemized Statement of Contributions
28 
and Expenditures in connection with such election;
29 
(r) That the aspirant will support and defend the Constitution of the Republic of
30 
the Philippines and will maintain true faith and allegiance thereto;
31 
(s)That the aspirant will obey the laws, legal orders, decrees, resolutions, rules
32 
and regulations promulgated and issued by the duly constituted authorities;
33 
(t) That the aspirant assumes the foregoing obligations voluntarily without
34 
mental reservation or purpose of evasion;
44


1 
(u)That the aspirant gives consent to the Commission to collect, disclose or
2 
share, and process the personal data provided for election and other lawful
3 
purposes in accordance with the Privacy Notice and as may be authorized by
4 
existing laws;
5 
(v) That the facts stated in the certificate are true and correct to the best of the
6 
aspirant's knowledge; and
7 
(w) Whether the aspirant has been found liable for an offense/s which carries
8 
with it the accessory penalty of perpetual disqualification to hold public office,
9 
which has become final and executory.
10 
Unless the person filing the certificate of candidacy has officially changed his
11 
or her name through a court approved proceeding, such person shall use in a
12 
certificate of candidacy the name by which he or she has been baptized, or if has
13 
not been baptized in any church or religion, the name registered in the office of the
14 
local civil registrar or any other name ailowed under the provisions of existing law
15 
or, in the case of a Muslim, his or her Hadji name after performing the prescribed
16 
religious pilgrimage: Provided, That when there are two or more aspirant for an
17 
office with the same name and surname, each aspirant, upon being made aware or
18 
such fact, shall state his or her paternal and maternal surname, except the
19 
incumbent who may continue to use the name and surname stated in his certificate
20 
of candidacy when he was elected.
21 
An aspirant may also include one nickname or stage name by which he or she
22 
is generally or popularly known in the locality.
23 
The person filing a certificate of candidacy shall also affix his latest
24 
photograph, passport size; a statement in duplicate containing his or her bio-data
25 
and program of government not exceeding one hundred words, if he or she so
26 
desires.
27 
SEC. 89. Filing of certificate of candidacy and certificates of nomination and
28 
acceptance. - The Commission shall set the period within which the certificates of
29 
candidacy shall be filed along with the respective certificate of nomination and
30 
acceptance, if any: Provided, That, such period shall be within the election period
31 
but not later than five days before the beginning of the campaign period: Provided
32 
further, That, in no case shall the period be less than five (5) days; Provided finally,
33 
that in cases of postponement or failure of election under this Code, no additional
34 
certificate of candidacy shall be accepted except in cases of substitution of
35 
candidates as provided in this article.
36 
The certificates of candidacy and the certificates of nomination and
37 
acceptance, if any, shall be filed in such number of copies as the Commission may
38 
prescribe with the offices herein below mentioned:
45


1 
(a) For the positions of President, Vice-President, and Senator, with the Main
2 
Office of the Commission;
3 
(b) For the position of Member of the House of Representatives for a legislative
4 
district in the National Capital Region, with the Office of the Regional Director
5 
of the National Capital Region;
6 
(c) For the position of Member of the House of Representatives for a legislative
7 
district in the provinces, with the Office of the Provincial Election Supervisor;
8 
(d) For the position of Member of the House of Representative in a legislative
9 
district in the cities outside the National Capital Region which comprise one or
10 
more legislative districts, with the Office of the City Election Officer concerned
11 
designated for the purpose by the Regional Election Director;
12 
(e) For the positions of Governor, Vice-Governor, and Member of the
13 
Sangguniang Panlalawigan, with the Office of the Provincial Election
14 
Supervisor;
15 
(f) For the position of Mayor and Vice-Mayor cities with more than one Election
16 
Officer, with the Office of the City Election Officer concerned designated for
17 
the purpose by the Regional Election Director;
18 
(g)For the position of Member of the Sangguniang Panlungsod in cities with
19 
more than one Election Officer, with the Office of the City Election Officer of
20 
the district concerned;
21 
(h)For the position of Mayor, Vice Mayor, and Member of the Sangguniang
22 
Panglungsod in cities with only one (1) legislative district, with the Office of
23 
the City Election Officer;
24 
(i) For the position of Municipal Mayor, Municipal Vice-Mayor, and Member of the
25 
Sangguniang Bayan, with the Office of the Municipal Election Officer; and
26 
(j) For the position of Members of the Parliament of the Bangsamoro
27 
Autonomous Region in Muslim Mindanao, with the Office of the Regional
28 
Election Director.
29 
In case of valid substitution of nominees of party-list groups, the certificate of
30 
nomination and acceptance of the substitute nominee shall be filed with the Main
31 
Office of the Commission.
32 
Any certificate of candidacy or certificate of nomination and acceptance filed
33 
with the incorrect office shall be deemed not filed. No filing fee shall be imposed for
34 
the filing of the certificate of candidacy and certificate of nomination.
35 
SEC. 90. Ministerial duty of receiving and acknowledging receipt. - The
36 
Commission, provincial election supervisor, and the election officer designated by
46


1 
the Commission, and electoral boards, as the case may be, shall have the ministerial
2 
duty to receive and acknowledge receipt of the certificate of candidacy.
3 
SEC. 91. Candidates in case of death, disquaiification, or incapacity of
4 
another. - If after the last day for the filing of certificates of candidacy, an official
5 
candidate of a registered or accredited political party dies, becomes incapacitated, or
6 
is disqualified for any cause, only a person belonging to, and nominated by, the
7 
same political party may file a certificate of candidacy to replace the candidate who
8 
died, became incapacitated, or was disqualified: Provided, That, such substitute
9 
candidate must have the same surname as the candidate being substituted:
10 
Provided further, That an independent candidate who filed a certificate of candidacy
11 
may also be substituted,
12 
The substitute candidate nominated by the political party concerned may file
13 
his or her certificate of candidacy for the office affected in accordance with the
14 
preceding sections not later than mid-day of the day of the election. If the death,
15 
incapacity or disqualification should occur between the day before the election and
16 
mid-day of election day, said certificate may be filed with any electoral board in the
17 
political subdivision where he or she is a candidate, or, in the case of candidates to
18 
be voted for by the entire electorate of the country, with the Commission.
19 
SEC. 92. Petition to deny due course to or cancel a certificate of candidacy. -
20 
A verified petition seeking to deny due course or to cancel a certificate of candidacy
21 
may be filed by any registered voter exclusively on the ground that any material
22 
representation contained therein as required under Section 88 hereof is false:
23 
Provided, That, the deliberate failure by the person filing the certificate of candidacy
24 
to disclose that he or she has been declared by competent authority as insane or
25 
incompetent, or that he or she has been sentenced by final judgment for subversion,
26 
insurrection, rebellion or for any offense for which he or she has been sentenced to
27 
a penalty of more than eighteen months or for a crime involving moral turpitude,
28 
shall likewise constitute material misrepresentation unless there is a declaration by
29 
competent authority that said insanity or incompetence had been removed, or, in
30 
case of conviction for the offenses herein mentioned, such nominee has been given
31 
plenary pardon or granted amnesty or at least five years have passed from his or
32 
her service of sentence.
33 
The petition may be filed at any time not later than twenty-five days from the
34 
time of the filing of the certificate of candidacy and shall be decided, after due notice
35 
and hearing, not later than thirty days before the election.
47


2
3
CHAPTER III
ELECTION AND CAMPAIGN PERIODS, CAMPAIGN, 
AND CAMPAIGN EXPENDITURES
5 
Article 8
6 
The Election and Campaign Periods
7 
SEC. 93. Election period. - Unless otherwise fixed in special cases by the
8 
Commission on Elections, which hereinafter shall be referred to as the Commission,
9 
the election period shall commence ninety days before the day of the election and
10 
shall end thirty days thereafter.
11 
SEC. 94. Campaign period. - The campaign periods are hereby fixed as follows:
12 
(a) For President, Vice-President, Senators, and party-list groups participating in
13 
the party-list system of representation, ninety (90) days before the day of the
14 
elections;
15 
(b)For Members of the Flouse of Representatives and elective regional,
16 
provincial, city, and municipal officials, forty-five (45) days before the day of
17 
the election; and
18 
(c) For barangay and Sangguniang Kabataan officials, ten (10) days before the
19 
election.
20 
In case of special elections and recall elections, the Commission shall fix the
21 
campaign period which in no case shall exceed the periods herein set forth.
22
23 
Article 9
24 
Campaign and Election Propaganda
25 
SEC. 95. Election campaign or partisan political activity outside the campaign
26 
period. - It shall be unlawful for any person, whether or not a voter or candidate, or
27 
for any party, or association of persons, to engage in an election campaign or
28 
partisan political activity from the time the period for filing certificates of candidacy
29 
has ended until the start of the campaign period: Provided, That any party,
30 
organization, or coalition may, at any time, hold an emergency convention or
31 
meeting for the purpose of nominating a substitute candidate in cases where
32 
substitution is proper.
33 
SEC. 96. Intervention of foreigners. - It shall be unlawful for any foreigner, whether
34 
judicial or natural person, to aid any candidate or political party, directly or
35 
indirectly, or take part in or influence in any manner any election, or to contribute or
36 
make any expenditure in connection with any election campaign or partisan political
37 
activity.
48


1 
SEC. 97. Prohibited Campaigning. - It is unlawful for any person or for any
2 
political party or association of persons to engage in an election campaign or
3 
partisan political activity on Maundy Thursday, Good Friday, the day before the
4 
election day, and on Election Day.
5 
SEC. 98. Lawfui eiection propaganda. - Lawful election propaganda shall
6 
include:
7 
(a) Pamphlets, leaflets, cards, decals, stickers or other written or printed
8 
materials of a size not more than eight and one-half (8 V2)inches in width and
9 
fourteen (14) inches in length;
10 
(b) Handwritten or printed letters urging voters to vote for or against any
11 
particular candidate;
12 
(c) Cloth, paper or cardboard posters, whether framed or posted, with an area
13 
exceeding two (2) feet by three (3) feet, except that, at the site and on the
14 
occasion of a public meeting or rally, or in announcing the holding of said
15 
meeting or rally, streamers not exceeding three (3) feet by (8) eight feet in
16 
size, shall be allowed: Provided, That said streamers may be displayed five
17 
(5) days before the date of the meeting or rally and shall be removed within
18 
twenty-four (24) hours after said meeting or rally.
19 
(d) Paid advertisements in internet, mobile, print or broadcast media: Provided,
20 
That the advertisements shall comply with the requirements set forth in this
21 
Code and with the rules and guidelines promulgated by the Commission.
22 
(e) All other forms of election propaganda not prohibited by this Code as the
23 
Commission may authorize after due notice to all interested parties and
24 
hearing where all the interested parties were given an equal opportunity to be
25 
heard: Provided, That the Commission's authorization shall be published in
26 
two newspapers of general circulation throughout the nation for at least twice
27 
within one week after the authorization has been granted.
28 
SEC. 99. Requirements and Limitations on the Use of Eiection Propaganda
29 
through Mass Media. - All bona fide candidates shall have equal access to mass
30 
media time and space for their election propaganda during the campaign period.
31 
The following guidelines shall be amplified on by the Commission in rules and
32 
regulations that it shall promulgate to implement this Article:
33 
(a) Print advertisements shall not exceed one-fourth (1/4) page, in broad sheet
34 
and one-half (1/2) page in tabloids thrice a week per newspaper, magazine or
35 
other publications, during the campaign period.
36 
(b) Each bona fide candidate or registered political party for a nationally-elected
37 
office shall be entitled to not more than one hundred twenty (120) minutes of
49


1 
television advertisement and one hundred eighty (180) minutes of radio
2 
advertisement whether by purchase or donation.
3 
Each bona fide candidate or registered political party for a locally-elected
4 
office shall be entitled to not more than sixty (60) minutes of television
5 
advertisement and ninety (90) minutes of radio advertisement whether by
6 
purchase or donation.
7 
For this purpose, the Commission shall require any broadcast station or entity
8 
to submit to the COMELEC a copy of its broadcast logs and certificates of
9 
performance for the review and verification of the frequency, date, time and
10 
duration of advertisements broadcast for any candidate or political party.
11 
(c) No franchise or permit to operate a radio or television stations shall be
12 
granted or issued, suspended or cancelled during the election period.
13 
(d)AII members of media including those who are operating through the
14 
television, radio, print, mobile, and internet shall scrupulously report and
15 
interpret the news, taking care not to suppress essential facts nor to distort
16 
the truth by omission or improper emphasis. They shall recognize the duty to
17 
air the other side and the duty to correct substantive errors promptly.
18 
(e)Any mass media columnist, commentator, announcer, reporter, on-air
19 
correspondent, blogger or personality who is a candidate for any elective
20 
public office or is a campaign volunteer for or employed or retained in any
21 
capacity by any candidate or political party shall be deemed resigned, if so
22 
required by their employer, or shall take a leave of absence from his/her work
23 
as such during the campaign period: Provided, That any media practitioner
24 
who is an official of a political party or a member of the campaign staff of a
25 
candidate or political party shall not use his/her time or space to favor any
26 
candidate or political party.
27 
(f) Each candidate, registered party, organization, or coalition shall register with
28 
the Commission their official social media accounts, social media pages,
29 
websites, or blogs which are already verified upon registration, and also those
30 
that will be verified subsequent to registration: Provided, That the same are
31 
being or will be used for the endorsement of the candidacy of said candidate
32 
or candidacies of the members of such party, organization, or coalition.
33 
Any other website, blog, or social media page not registered but which, when
34 
taken as a whole, has for 
its primary purpose the endorsement of a
35 
candidate, party, organization, or coalition, whether or not directly maintained
36 
or administered by the candidate, party, organization, or coalition, or its
37 
official campaign representatives, shall be considered as official websites,
38 
blogs, or social media pages of said candidate, party, organization, or
39 
coalition for all regulatory purposes.
50


1 
Only verified and registered social media accounts, social media pages,
2 
websites, or blogs may run electoral ads and boost or promote electoral
3 
posts.
4 
(g) Microtargeting of electoral ads shall not be allowed except when based on the
5 
following criteria: geographical location, except radius around a specific
6 
location; age and gender.
7 
(h) Any printed or published and broadcast election propaganda shall bear and be
8 
identified by the reasonably legible or audible words "political advertisement
9 
paid for", followed by the true and correct name and address of the candidate
10 
or party for whose benefit the election propaganda was printed or aired. It
11 
shall also bear, and be identified by, the reasonably legible, or audible words
12 
"political advertisement paid by," followed by the true and correct name and
13 
address of the payor. This rule shall also apply to online advertisements.
14 
(i) If the space for printed or published election propaganda is donated by the
15 
publishing firm, or the airtime for broadcast election propaganda is given free
16 
of charge by the radio or television station or cable television, it shall bear
17 
and be identified by the reasonably legible or audible words "printed free of
18 
charge," or "airtime for this broadcast was provided free of charge by,"
19 
respectively, followed by the true and correct name and address of the said
20 
publishing firm or broadcast entity. This rule shall also apply to online
21 
advertisements.
22 
(j) Print, broadcast, outdoor advertisements, online or mobile advertisements
23 
donated to the candidate or political party shall not be printed, published,
24 
broadcast, or exhibited without the written acceptance by the said candidate
25 
or political party. Such written acceptance shall be attached to the advertising
26 
contract and shall be submitted to the Commission.
27 
All mass media entities shall furnish the Commission with a copy of all
28 
contracts for advertising, promoting or opposing any political party or the
29 
candidacy of any person for public office within five (5) days after its signing.
30 
In every case, it shall be signed by the donor, the candidate concerned or by
31 
the duly authorized representative of the political party.
32 
In all instances, the Commission shall supervise the use and employment of
33 
press, radio, television, internet, and social media facilities insofar as the
34 
placement of political advertisements is concerned to ensure that candidates
35 
are given equal opportunities under equal circumstances to make known their
36 
qualifications and their stand on public issues within the limits set forth in this
37 
Code.
38 
The Commission shall 
ensure that 
radio or television or cable television
39 
broadcasting entities shall not allow the scheduling of any program or permit
51


1 
any sponsor to manifestly favor or oppose any candidate or political party by
2 
unduly or repeatedly referring to or including said candidate and/or political
3 
party in such program respecting, however, in all instances the right of said
4 
broadcast entities to air accounts of significant news or news worthy events
5 
and views on matters of public interest.
6 
SEC. 100. Removal, destruction or defacement of lawful election propaganda 
1 prohibited. - It shall be unlawful for any person during the campaign period to
8 
remove, destroy, obliterate, or in any manner deface or tamper with, or prevent the
9 
distribution of lawful election propaganda.
10 
SEC. 101. Prohibited forms of election propaganda. - During the election
11 
period, the following shall be prohibited:
12 
(a) To print, publish, post or distribute any newspaper, newsletter, newsweekly,
13 
gazette or magazine advertising, 
pamphlet, leaflet, card, decal, bumper
14 
sticker, poster, comic book, circular, handbill, streamer, sample list of
15 
candidates or any published or printed political propaganda or advertisement
16 
and to air or broadcast any election propaganda or political advertisement by
17 
television or radio for or against a candidate or group of candidates to any
18 
public office, unless they bear and be identified by a reasonably legible, or
19 
audible words "political advertisement paid for," followed by the true and
20 
correct name and address of the candidate, political or sectoral party,
21 
organization, or coalition for whose benefit the election propaganda was
22 
printed or aired. It shall likewise be unlawful to publish, print or distribute
23 
said campaign 
materials unless they bear, and are identified by, the
24 
reasonably legible, or audible words "political advertisements paid by,"
25 
followed by the true and correct name and address of the payor;
26 
(b)To print, publish, broadcast, display, or exhibit any such election propaganda
27 
donated or given free of charge by any person or publishing firm or broadcast
28 
media entity to a candidate, political or sectoral party, organization or
29 
coalition without the written acceptance of the said candidate, political or
30 
sectoral party, organization or coalition, and unless they bear and be
31 
identified by the words "printed free of charge," or "airtime for this broadcast
32 
was provided free of charge by", respectively, followed by the true and
33 
correct name and address of the said publishing firm or broadcasting entity;
34 
(c)To show, display or exhibit publicly in a theater, through a television station,
35 
a video sharing site, social media network, to any public forum any movie,
36 
cinematography or documentary, including 
concert or any type of
37 
performance portraying the life or biography of a candidate, or in which a
38 
character is portrayed by an actor or media personality who is himself or
39 
herself a candidate;
52


1 
(d) For any newspaper or publication, radio, television or cable television station,
2 
or other mass media entity, or any person making use of the mass media to
3 
sell or give free of charge print or advertising space or airtime for campaign
4 
or election propaganda purposes to any candidate or party in excess of the
5 
size, duration or frequency authorized by law or these Rules. A newspaper or
6 
publication, radio, television or cable television station, or other mass media,
7 
or any person may require any buyer to warrant under oath that such
8 
purchase is not in excess of the size, duration or frequency authorized by law;
9 
(e) For any radio, television, cable television station, announcer or broadcaster to
10 
allow the scheduling of any program, or permit any sponsor to manifestly
11 
favor or oppose any candidate or party by unduly or repeatedly referring to,
12 
or unnecessarily mentioning the name of such candidate or party, or including
13 
therein said candidate or party;
14 
(f) To print, publish, post, show, display, distribute any election campaign or
15 
propaganda materials that are violative of gender sensitivity principles, is
16 
obscene, offensive, discriminatory, or otherwise constitutes a violation of the
17 
Magna Carta of Women; and
18 
(g)To post, display, or exhibit any election campaign or propaganda material
19 
outside of authorized common poster areas, in public places, or in private
20 
properties without the consent of the owner thereof.
21 
The printing press, printer, or publisher who prints, reproduces or publishes
22 
said campaign materials, and the broadcaster, station manager, owner of the radio
23 
or television station, or content creator of a post, owner or administrator of any
24 
website who airs or shows the political advertisements, without the required data or
25 
having false information, in violation of the provisions of this Article shall be
26 
criminally liable with the candidate, and, if applicable, further suffer the penalties of
27 
suspension or revocation of franchise or permit.
28 
SEC. 102. Rallies, meetings and other political activities. - Subject to the
29 
requirements of local ordinances on the issuance of permits, any political party
30 
supporting official candidates or any candidate individually or jointly with other
31 
aspirants may hold peaceful political rallies, meetings, and other similar activities
32 
during the campaign period: Provided, That all applications for permits to hold
33 
meetings, rallies and other similar political activities, receipt of which must be
34 
acknowledged in writing and which application shall be immediately posted in a
35 
conspicuous place in the city or municipal hall, shall be acted upon in writing by local
36 
authorities concerned within three days after the filing thereof and any application
37 
not acted upon within said period shall be deemed approved: and Provided further,
38 
That denial of any application for said permit shall be appealable to the provincial
39 
election supervisor or to the Regional Election Director, for cases in the National
40 
Capital Region, whose decision shall be made within forty-eight (48) hours and
53


1 
which shall be final and executory: Provided finally, the only justifiable grounds for
2 
denial shall be a) a prior written application by any candidate or political party for
3 
the same purpose has been approved; or b) the existence of a health emergency, as
4 
attested to by the appropriate department or agency of the national government,
5 
which absolutely necessitates that mass gatherings be prohibited.
6 
SEC. 103. Public rally. - Any political party or candidate shall notify the
7 
election registrar concerned of any public rally said political party or candidate
8 
intends to organize and hold in the city or municipality, and within seven working
9 
days thereafter submit to the election officer a statement of expenses incurred in
10 
connection therewith.
11 
SEC. 104. Transportation, food and drinks. - It shall be unlawful for any
12 
candidate, political party, organization, or any person to give or accept, free of
13 
charge, directly or indirectly, transportation, food or drinks or things of value during
14 
the five hours before and after a public meeting, on the day preceding the election,
15 
and on the day of the election; or to give or contribute, directly or indirectly, money
16 
or things of value for such purpose.
17 
SEC. 105. COMELEC Space and Time. - The Commission shall procure the
18 
print space upon payment of just compensation from at least three (3) national
19 
newspapers of general circulation wherein candidates for national office can
20 
announce their candidacies. Such space shall be allocated free of charge equally and
21 
impartially among all the candidates for national office on three (3) different
22 
calendar days: the first day within the first week of the campaign period; the second
23 
day within the fifth week of the campaign period; and the third day within the tenth
24 
week of the campaign period.
25 
The Commission shall also procure free airtime from at least three (3)
26 
national television networks and three (3) national radio networks, which shall also
27 
be allocated free of charge equally and impartially among all candidates for national
28 
office. Such free time shall be allocated on three (3) different calendar days; the first
29 
day within the first week of the campaign period; the second day within the fifth
30 
week of the campaign period; and the third day within the tenth week of the
31 
campaign period.
32 
The Commission may require national television and radio networks to
33 
sponsor at least three (3) national debates among presidential candidates and at
34 
least one (1) national debate among vice presidential candidates. The debates
35 
among presidential candidates shall be scheduled on three (3) different calendar
36 
days; the first debate shall be scheduled within the first and second week of the
37 
campaign period; the second debate within the fifth and sixth week of the campaign
38 
period; and the third debate shall be scheduled within the tenth and eleventh week
39 
of the campaign period.
54


1 
The sponsoring television or radio network may sell air-time for commercials
2 
and advertisements to interested advertisers and sponsors. The Commission shall
3 
promulgate rules and regulations for the holding of such debates.
4 
Furthermore, Commission shall likewise procure shall in at least one (1)
5 
newspaper of general circulation and air time in at least one (1) major broadcasting
6 
station or entity in every province or city: Provided, however. That in the absence of
7 
said newspaper, publication shall be done in any other magazine or periodical in said
8 
province or city, which shall be known as "COMELEC Space": Provided further. That
9 
in the absence of said broadcasting station or entity, broadcasting shall be done in
10 
any radio or television station in said province or city, which shall be known as
11 
"COMELEC Time". Said time shall be allocated to the COMELEC free of charge, while
12 
said space shall be allocated to the COMELEC upon payment of Just compensation.
13 
The COMELEC time and space shall be utilized exclusively by the COMELEC for public
14 
information dissemination on election-related concerns.
15 
SEC. 106. Poster areas. - The Commission may authorize political parties
16 
and party-list groups to erect common poster areas for their candidates in not more
17 
than ten (1) public places such as plazas, markets, barangay centers and the like,
18 
wherein candidates can post, display or exhibit election propaganda: Provided, That
19 
the size of the poster areas shall not exceed twelve (12) by sixteen (16) feet or its
20 
equivalent.
21 
Independent candidates with no political parties may likewise be authorized to
22 
erect common poster areas in not more than ten (10) public 
places, the size of
23 
which shall not exceed four (4) by six (6) feet or its equivalent.
24 
Candidates may post any lawful propaganda material in private places with
25 
the consent of the owner thereof, and in public places or property which shall be
26 
allocated equitably and impartially among the candidates.
27 
SEC. 107. Rate of Political Propaganda. - During the election period, media
28 
outlets shall give registered political parties and bona fide candidates a discount of
29 
fifty percent (50%) for television, forty percent (40%) for radio and ten percent
30 
(10%) for print, from the average of the published rates charged in the last three
31 
calendar years prior to the election.
32 
Nothing in this provision prohibits a media outlet from giving higher
33 
discounts: Provided, That the discount it gives one candidate shall be the same
34 
discount it gives to other candidates for the same position.
35 
In no case shall rates charged to registered political parties and bona fide
36 
candidates be higher than rates charged to non-political advertisers.
37 
SEC. 108. Right to Reply. - All registered parties and bona fide candidates
38 
shall have the right to reply to charges published against them. The reply shall be
39 
given publicity by the newspaper, television and/or radio station which first printed
55


1
2
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20 
21 
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
or aired the charges with the same prominence or in the same page or section or in 
the same time slot as the first statement.
SEC. 109. Election Surveys and Exit Polls. -
(A) During the election period, any person, candidate, party, coalition or
organization who publishes a survey must likewise publish the following
information:
(1) The name of the person, candidate, party or organization who 
commissioned or paid for the survey;
(2) The name of the person, polling firm or survey organization who conducted 
the survey;
(3) The period during which the survey was conducted, the methodology used, 
including the number of individual respondents and the areas from which 
they were selected, and the specific questions asked;
(4) The margin of error of the survey;
(5) For each question for which the margin of error is greater than that 
reported under paragraph (d), the margin of error for that question; and
(6) A mailing address and telephone number, indicating it as an address or 
telephone number at which the sponsor can be contacted to obtain a 
written report regarding the survey.
The survey together with raw data gathered to support its conclusions shall 
be available for inspection, copying and verification by the Commission or by a 
registered political party or a bona fide candidate or by any COMELEC-accredited 
citizen's arm. A reasonable fee sufficient to cover the costs of inspection, copying 
and verification may be charged.
(B) 
Exit polls may only be taken subject to the following requirements:
(1) Pollsters shall not conduct their surveys within fifty (50) meters from the 
polling place, whether said survey is taken in a home, dwelling place and 
other places;
(2) Pollsters shall wear distinctive clothing;
(3) Pollsters shall inform the voters that they may refuse to answer; and
(4) The result of the exit polls may be announced after the closing of the polls 
on election day, and must clearly identify the total number of respondents, 
and the places where they were taken. Said announcement shall state that 
the same is unofficial and does not represent a trend.
SEC. 110. The Commission shall promulgate and furnish all candidates, duly 
registered political and sectoral parties, sectoral organizations, coalition of political
56


1 
parties and the mass media entities the rules and regulations for the implementation
2 
of this Article, consistent with the criteria established in Article IX-C, Section 4 of the
3 
Constitution.
4 
Rules and regulations promulgated by the COMELEC under and by authority
5 
of this Section shall take effect on the fifteenth (15th) day after their publication in
6 
at least two (2) daily newspapers of general circulation. Prior to effectivity of said
7 
rules and regulations, no political advertisement or propaganda for or against any
8 
candidate or political party shall be published or broadcast through mass media.
9 
Violation of this Article and the rules and regulations of the COMELEC issued
10 
to implement this Article shall be an election offense punishable under Section 405
11 
of this Code.
12
13 
Article 10
14 
Electoral Contributions and Expenditures
15 
SEC. 111. Prohibited contributions and solicitations. - No contribution for
16 
purposes of partisan political activity shall be made directly or indirectly by any of
17 
the following:
18 
(a) Public or private financial institutions: Provided, however, That nothing herein
19 
shall prevent the making of any loan to a candidate or sectoral or political
20 
party or organization by any such public or private financial institutions legally
21 
in the business of lending money, and that the loan is made in accordance
22 
with laws and regulations and in the ordinary course of business;
23 
(b) Natural and juridical persons operating a public utility or in possession of or
24 
exploiting any natural resources of the nation;
25 
(c) Natural and juridical persons who hold contracts or sub-contracts to supply
26 
the government or any of its divisions, subdivisions or instrumentalities,
27 
including local government units and government-owned and controlled
28 
corporations, with goods or services or to perform construction or other
29 
works;
30 
(d) Natural and juridical persons who have been granted franchises, incentives,
31 
exemptions, allocations or similar privileges or concessions by the government
32 
or any of its divisions, subdivisions or instrumentalities, including government-
33 
owned or controlled corporations;
34 
(e) Natural and juridical persons who, within one year prior to the date of the
35 
election, have been granted loans or other accommodations in excess of One
36 
Million Pesos Php 1,000,000 by the government or any of its divisions,
37 
subdivisions or instrumentalities including government-owned or controlled
38 
corporations;
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1 
(f) Educational institutions which have received grants of public funds amounting
2 
to no less than One Million Pesos Php 1,000,000.00;
3 
(g) Officials or employees in the Civil Service, personnel working with for or with
4 
the government under a job order or contract of service, consultants to the
5 
government, including local government units and government-owned and
6 
controlled corporations, or members of the Armed Forces 
of the Philippines;
7 
and
8 
(h) Foreign governments and their agencies, any foreign national, and foreign
9 
corporations.
10 
It shall be unlawful for any person, including a political party, sectoral 
party,
11 
sectoral organization, coalition of political parties, or public or private entity to solicit
12 
or receive, directly or indirectly, any aid or contribution of whatever form or nature
13 
from any of the persons or entities enumerated herein for the purposes of
14 
influencing the results of the election.
15 
SEC. 112. Prohibited raising of funds. - It shall be unlawful for any person to
16 
hold lotteries, cockfights, games, bingo, or any other form of gambling activity
17 
including those conducted online, boxing bouts, dances, beauty contests, concerts,
18 
cinematographic, theatrical or other performances for the purpose of raising funds
19 
for an election campaign or for the support of any candidate, political or sectoral
20 
party, coalition of political parties, or sectoral organizations from the commencement
21 
of the election period up to and including election day; or for any person,
22 
organization, or entity, whether civic or religious, directly or indirectly, to solicit
23 
and/or accept from any candidate for public office, or from his campaign manager,
24 
agent or representative, or any person acting in their behalf, any gift, food,
25 
transportation, contribution or donation in cash or in kind from the commencement
26 
of the election period up to and including election day; Provided, That normal and
27 
customary religious stipends, tithes, or collections on Sundays and/or other
28 
designated collection days, are excluded from this prohibition.
29 
SEC. 113. True name of contributor required. - No person shall make any
30 
contribution in any name except his own nor shall any candidate or treasurer of a
31 
political party receive a contribution or enter or record the same in any name other
32 
than that of the person by whom it was actually made.
33 
SEC. 114. Report of contributions. - Every person giving contributions to any
34 
candidate, treasurer of the party, organization or coalition, or authorized
35 
representative of such candidate or treasurer shall, not later than thirty days after
36 
the day of the election, file with the Commission a report under oath stating the
37 
amount of each contribution, the name of the candidate, agent of the candidate or
38 
political party receiving the contribution, and the date of the contribution.
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1 
Section 115. Authorized Expenses of Candidates and Poiiticai Parties. - The
2 
aggregate amount that a candidate, registered political or sectoral party,
3 
organization, or coalition of parties may spend for election campaign shall be as
4 
follows:
5 
(a) For candidates. - Fifty pesos (PhPBO.OO) for President and Vice-President;
6 
and for other candidates. Twenty Pesos (PhP20.000), for every voter currently
7 
registered in the constituency where the candidate filed a certificate of
8 
candidacy: Provided, That a candidate without any political party and without
9 
support from any political party may be allowed to spend thirty pesos
10 
(P30.00) for every such voter: Provided further, that the total amount a
11 
candidate may spend shall not be less than five hundred thousand pesos
12 
(PhP500,000).
13 
(b) For political parties not participating in the party-list elections- Thirty pesos
14 
(PhPBO.OO) for every voter currently registered in the constituency or
15 
constituencies where it has official candidates.
16 
(c) For regional political parties participating in the party-list elections- Twenty
17 
pesos (PhPlO.OO) for every voter currently registered in the region or locality
18 
which the political party seeks to represent.
19 
(d) For national political parties, coalition of national political parties, sectoral
20 
parties and sectoral organizations participating in the party-list elections- Five
21 
pesos (PhPS.OO) for every registered voter in the Philippines.
22 
SEC. 116. Lawfui expenditures. - To carry out the objectives of the preceding
23 
sections, no candidate or treasurer of a political party shall, directly or indirectly,
24 
make any expenditure except for the following purposes:
25 
(a) For travelling expenses of the candidates and campaign personnel in the
26 
course of the campaign and for personal expenses incident thereto;
27 
(b) For compensation of campaigners, clerks, stenographers, messengers, and
28 
other persons actually employed in the campaign including those working
29 
through the internet or social media;
30 
(c) For telegraph and telephone tolls, postage, freight and express delivery
31 
charges;
32 
(d) For stationery, printing and distribution of printed matters relative to
33 
candidacy;
34 
(e) For employment of watchers at the polls;
35 
(f) For rent, maintenance and furnishing of campaign headquarters, office or
36 
place of meetings;
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1 
(g) For establishment, maintenance, updates, and/or upgrades of social media
2 
accounts, social media pages, websites, or blogs used for the campaign;
3 
(h) For political meetings and rallies, including e-rallies, and the use of sound
4 
systems, lights and decorations during said meetings and rallies;
5 
(i) For newspaper, radio, television and other public advertisements including
6 
advertisements on the internet and social media sites;
7 
(j) For employment of counsel;
8 
(k) For copying and classifying list of voters, investigating and challenging the
9 
right to vote of persons registered in the lists; and
10 
(I) For printing sample ballots in such color, size and maximum number as may
11 
be authorized by the Commission
12 
The expenditures for items (j) and (k), shall not be taken into account int
13 
determining whether the expenditure limit has been breached by the candidate or
14 
party in the conduct of campaign activities.
15 
SEC. 117. Persons authorized to incur eiection expenditures. - No person,
16 
except the candidate, the treasurer of a political party, coalition of political parties,
17 
sectoral party or organization or any person authorized by such candidate or
18 
treasurer, shall make any expenditure in support of or in opposition to any candidate
19 
or political party. Expenditures duly authorized by such candidate or treasurer shall
20 
be considered as expenditures of such candidate, party, organization, or coalition.
21 
The authority to incur expenditures shall be in writing, copy of which shall be
22 
furnished the Commission signed by the candidate or the treasurer of the party,
23 
organization, or coalition and showing the expenditures so authorized, and shall
24 
state the full name and exact address of the person so designated.
25 
Nothing in this section shall be understood to prohibit private citizens from
26 
producing their own lawful materials in support of a candidate, party, or
27 
organization: Provided, That the production, use, or deployment of such materials
28 
shall not be under the direct or indirect control or supervision by the candidate,
29 
party, organization, or its representatives.
30 
SEC. 118. Prohibited donations by candidates, treasurers of parties or their
31 
agents. - No candidate, his or her spouse or any relative within the second civil
32 
degree of consanguinity or affinity, or his or her campaign manager, agent or
33 
representative shall, during the campaign period, on the day before and on the day
34 
of the election, directly or indirectly, make any donation, contribution or gift in cash
35 
or in kind, or undertake or contribute to the construction or repair of roads, bridges,
36 
school buses, puericulture centers, medical clinics and hospitals, churches or chapels
37 
cement pavements, or any structure for public use or for the use of any religious or
38 
civic organization: Provided, That normal and customary religious dues or
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1 
contributions, such as religious stipends, tithes or collections on Sundays or other
2 
designated collection days, as well as periodic payments for legitimate scholarships
3 
established and school contributions habitually made before the prohibited period,
4 
are excluded from the prohibition.
5 
The same prohibition applies to treasurers, agents or representatives of any
6 
political or sectoral party or organization or coalition of parties.
7 
SEC. 119. Accounting by agents of candidate or treasurer. - Every person
8 
receiving contributions or incurring expenditures by authority of the candidate or
9 
treasurer of the party shall, on demand by the candidate or treasurer of the party,
10 
and in any event within five days after receiving such contribution or incurring such
11 
expenditure, render to the candidate or the treasurer of the party concerned, a
12 
detailed account thereof with proper vouchers or official receipts.
13 
SEC. 120. Records of contributions and expenditures. -
14 
(a) It shall be the duty of every candidate, treasurer of the political or sectoral
15 
party or organization or coalition of parties, and the person acting under the
16 
authority of such candidate or treasurer to issue a receipt for every
17 
contribution received and to obtain and keep a receipt stating the particulars
18 
of every expenditure made.
19 
(b) Every candidate and treasurer of the party, coalition, or organization shall
20 
keep detailed, full, and accurate records of all contributions received and
21 
expenditures incurred by him or her and by those acting under his or her
22 
authority, setting forth therein all information required to be reported.
23 
(c) Every candidate and treasurer of the party, coalition, or organization shall be
24 
responsible for the preservation of the records of contributions and
25 
expenditures, together with all pertinent documents, for at least five (5) years
26 
after the holding of the election to which they pertain and for their production
27 
for inspection by the Commission or its duly authorized representative, or
28 
upon presentation of a subpoena duces tecum duly issued by the
29 
Commission. Failure of the candidate or treasurer to preserve such records or
30 
documents shall be deemed prima facie evidence of violation of the provisions
31 
of this Article.
32 
SEC. 121. Statement of Contributions and Expenditures. - Every candidate
33 
and treasurer of the political or sectoral party, sectoral organization or coalition of
34 
political parties shall, within thirty (30) days after the day of the election, file in
35 
duplicate with the offices of the Commission the full, true and itemized verified
36 
statement of all contributions and expenditures in connection with the election.
37 
Regardless of the results of the elections, or even if the candidates, parties,
38 
organizations, or coalitions concerned did not receive any contribution or make any
39 
expenditure, they shall still submit the statement herein required.
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1 
SEC. 122. Effect of Failure to File Statement - No person elected to any
2 
public office shall enter upon the duties of his or her office until he or she has filed
3 
the statement of contributions and expenditures herein required.
4 
The same prohibition shall apply if the political party, sectoral party, sectoral
5 
organization, or coalition of political parties which nominated the winning candidate
6 
fails to file the statement required herein within the period prescribed by this Article.
7 
Except candidates for elective barangay office, failure to file within the
8 
prescribed period the statements or reports in connection with electoral
9 
contributions and expenditures as required herein shall constitute an administrative
10 
offense for which the offenders shall be liable to pay an administrative fine ranging
11 
from ten thousand pesos (PhP10,000.00) to fifty thousand pesos (PhP50,000.00), in
12 
the discretion of the Commission.
13 
The fine shall be paid within thirty (30) days from receipt of notice of such
14 
failure; otherwise, it shall be enforceable by a writ of execution issued by the
15 
Commission against the properties of the offender.
16 
It shall be the duty of every city or municipal election officer to advise in
17 
writing, by personal delivery or registered mail, within five (5) days from the date of
18 
election all candidates residing in his jurisdiction and all political and sectoral parties,
19 
coalition of political parties, and sectoral organizations whose main headquarters is
20 
in his jurisdiction to comply with their obligation to fiie their statements of
21 
contributions and expenditures.
22 
For the commission of a second or subsequent offense under this section, the
23 
administrative fine shall be from twenty thousand pesos (PhP20,000.00) to one
24 
hundred thousand pesos (PhP100,000.00), in the discretion of the Commission. In
25 
addition, the offender, if he or she is natural person, shall be subject to perpetual
26 
disqualification to hold public office. In the case of political parties, sectoral parties,
27 
sectoral organizations, or coalition of political parties, their certificate of registration
28 
shall be revoked and they shall not no longer be eligible for subsequent registration.
29 
SEC. 123. Place for filing statements. - The statements of contributions and
30 
expenditures shall be filed with the following offices:
31 
(a) Those of candidates for President, Vice-President and Senators, as well as,
32 
national political parties, sectoral parties, sectoral organizations, and coalition
33 
of national political parties, with the Commission.
34 
(b) Those of candidates for Members of the House of Representatives in the
35 
National Capital Region, as well as, regional political parties with the entire
36 
National Capital Region as their constituency, with the Office of the Regional
37 
Director of the National Capital Region.
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(c) Regional political parties, with the office of the regional election director
2 
concerned.
3 
(d) Those of candidates for Members of the House of Representatives of
4 
legislative districts in the provinces and provincial offices, as well as,
5 
provincial political parties, with the provincial election supervisor concerned.
6 
(e) Those of candidates for city, municipal and barangay offices, as well as local
7 
political parties, with the election officer concerned.
8 
(f) Regional political parties with the entire Bangsamoro Autonomous Region in
9 
Muslim Mindanao as their constituency shall file their statements of
10 
contributions and expenditures with the Bangsamoro Electoral Office.
11 
(g) Unless otherwise provided for by regional law, candidates for Members of the
12 
House of Representatives of legislative districts within the Bangsamoro
13 
Autonomous Region in Muslim Mindanao and provincial offices therein, as well
14 
as, provincial political parties with constituencies within the Bangsamoro
15 
Autonomous Region in Muslim Mindanao, shall file their statements of
16 
contributions and expenditures with the provincial election supervisor
17 
concerned. Candidates for city, municipal and barangay offices, as well as
18 
local political parties, within the said region shall file with the election officer
19 
concerned.
20 
If the statement is sent by mail, it shall be by registered mail with an advance
21 
copy thereof sent through electronic mail to the office or official with whom the
22 
statement should be filed. The date on which it was registered with the post office
23 
shall be considered as the filing date thereof. The Commission shall ensure that all
24 
field offices shall have their respective official e-mail address and that the field
25 
officers shall inform the candidates, parties, organizations, and coalitions within their
26 
jurisdiction of such e-mail address. In the event that the election officer does not
27 
have an official e-mail address, the electronic mail required in this paragraph may be
28 
sent to the official e-mail address of the provincial election supervisor.
29 
The regional directors, provincial election supervisors, and election officers
30 
concerned shall, within fifteen days after the last day for the filing of the statements,
31 
send to the Commission duplicate copies of all statements filed with them.
32 
SEC. 124. Form and contents of statement - The statement shall be in
33 
writing, subscribed and sworn to by the candidate or by the treasurer of the party,
34 
organization, or coalition, and shall be complete as of the date next preceding the
35 
date of filing. It shall set forth in detail (a) the amount of contribution, the date of
36 
receipt, and the full name and exact address of the person from whom the
37 
contribution was received; (b) the amount of every expenditure, the date thereof,
38 
the full name and exact address of the person to whom payment was made, and the
39 
purpose of the expenditure; (c) any unpaid obligation, its nature and amount, and to
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1 
whom said obligation is owing; and (d) such other particulars which the Commission
2 
may require.
3 
If the candidate, party, organization, or coalition has received no contribution,
4 
made no expenditure, or has no pending obligation, the statement shall reflect such
5 
fact.
6 
SEC. 125. Preservation and inspection of statements. - All statements of
7 
contributions and expenditures shall be kept and preserved at the office where they
8 
are filed and shall constitute part of the public records thereof for five years after the
9 
election to which they pertain. They shall not be removed therefrom except upon
10 
order of the Commission or of a competent court and shall, during regular office
11 
hours, be subject and open to inspection by the public. The officer in-charge thereof,
12 
shall, on demand, furnish certified copies of any statement upon payment of the
13 
reasonable fee prescribed by the Commission
14 
It shall be the duty of the Commission to examine all statements of
15 
contributions and expenditures of candidates and political parties to determine
16 
compliance with the provisions of this Article.
17 
SEC. 126. Report of contractors and business firms. - Every person or firm to
18 
whom any electoral expenditure is made shall, within thirty (30) days after the day
19 
of the election, file with the Commission a report setting forth the full names and
20 
exact addresses of the candidates, treasurers of political or sectoral parties,
21 
organizations, or coalitions, and other persons incurring such expenditures, the
22 
nature or purpose of each expenditure, the date and costs thereof, and such other
23 
particulars as the Commission may require. The report shall be signed and sworn to
24 
by the supplier or contractor, or in case of a business firm or association, by its
25 
president or general manager.
26 
It shall be the duty of such person or firm to whom an electoral expenditure is
27 
made to require every agent of a candidate or of the treasurer of a political or
28 
sectoral party, organization, or coalition to present written authority to incur
29 
electoral expenditures in behalf of such candidate or treasurer, and to keep and
30 
preserve at its place of business, subject to inspection by the Commission or its
31 
authorized representatives, copies of such written authority, contracts, vouchers,
32 
invoices and other records and documents relative to said expenditures for a period
33 
of five (5) years after the date of the election to which they pertain.
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CHAPTER IV
2 
IN-COUNTRY VOTING FOR THE NATIONAL AND LOCAL ELECTIONS
4 
Article 11
5 
The Hybrid Election System
6 
SEC. 127. Declaration of Policy. - It is the policy of the State to ensure free,
7 
orderly, honest, peaceful, credible and informed elections, plebiscite, referenda,
8 
recall, and other similar electoral exercises by improving on the election process and
9 
adopting systems, which shall involve the use of a hybrid election system that will
10 
ensure the secrecy and sanctity of the ballot and all election, consolidation and
11 
transmission documents in order that the process shall be transparent and credible
12 
and that the results shall be fast, accurate, and reflective of the genuine will of the
13 
people. The hybrid election system shall be a combination of the automated election
14 
system and the manual election system to ensure transparency and credibility of the
15 
electoral processes.
16 
SEC. 128. Applicability of the Hybrid Election System. - The hybrid elections
17 
system set forth in this article shall be applicable to the May 2025 elections and all
18 
national, local, and Bangsamoro Autonomous Region in Muslim Mindanao (BARMM)
19 
elections thereafter.
20 
SEC. 129. Authority to use a Hybrid Election System. - To carry out the
21 
above-stated policy, the Commission is hereby authorized to use a hybrid election
22 
system or systems in the same election in different provinces. The system shall be a
23 
combination of the automated election system and the manual counting system
24 
through a paper-based election system for the process of voting, counting of votes
25 
and canvassing/consolidation and transmittal of results of the electoral exercises:
26 
Provided, That the manual counting system need not be implemented for overseas
27 
voting.
28 
SEC. 130. The Advisory Council. - The Commission shall create an Advisory
29 
Council which shall be convened not later than eighteen (18) months prior to the
30 
next scheduled electoral exercise, and deactivated six months after completion of
31 
canvassing.
32 
The Advisory Council shall be composed of the following members, who must
33 
be registered Filipino voters, of known independence, competence, and probity:
34 
(a) Secretary of the Department of Information and Communications Technology
35 
(DICT) who shall act as the chairperson of the council;
36 
(b)The respective chairpersons of the Senate Committee on Electoral Reforms
37 
and People's Participation and the Flouse of Representatives Committee on
38 
Suffrage and Electoral Reforms who shall act as ex officio members;
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1 
(c) One member for the Department of Science and Technology;
2 
(d) One member from the Department of Education;
3 
(e) One member representing the academe, to be selected by the chairperson of
4 
the Advisory Council from among the list of nominees submitted by the
5 
country's academic institutions;
6 
(f) Three members representing information and communications technology
7 
(ICT) professional organizations to be selected by the chair of the Advisory
8 
Council from among the list of nominees submitted by Philippines-based ICT
9 
professional organization. Nominees shall be individuals, at least one of whom
10 
shall be experience in managing or implementing large-scale information
11 
technology projects; and
12 
(g)Two members representing nongovernmental electoral reform organizations,
13 
to be selected by the chair of the Advisory Council from among the list of
14 
nominees submitted by the country's nongovernmental 
electoral 
reform
15 
organizations.
16 
Three observers, representing the accredited citizen's arm of the Commission,
17 
and the dominant majority and minority parties as determined by the Commission
18 
during the immediately preceding election, shall be invited during meetings of the
19 
Advisory Council for the purpose of gathering information in an open and
20 
professionally courteous manner and should not disrupt, obstruct, or countermand
21 
decision of the Advisory Council.
22 
A person who is affiliated with any political party or candidate for any national
23 
position, or is related to a candidate for any national position by affinity or
24 
consanguinity within the fourth civil degree, shall not be eligible for appointment or
25 
designation to the Advisory Council. Should any such situation arise at any time
26 
during the incumbency of a member, the designation or appointment of that
27 
member, shall ipso facto be terminated.
28 
Any member of the advisory council is prohibited from engaging, directly or
29 
indirectly, with any entity that advocates, markets, imports, produces or in any
30 
manner handles software, hardware or any equipment that may be used for election
31 
purposes for personal gain.
32 
Any violation of the two immediately preceding paragraphs shall disqualify
33 
said member from the Advisory Council and shall be punishable as provided in this
34 
Act and shall be penalized in accordance with the Anti-Graft and Corrupt Practices
35 
Act and other related laws.
36 
The council may avail itself of the expertise and services of resource persons
37 
who are known independence, competence and probity, are nonpartisan, and do not
38 
possess any of the disqualifications applicable to a member of the Advisory Council
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1 
as provided herein. The resource persons shall also be subject to the same
2 
prohibitions and penalties as the members of the Advisory Council.
3 
The DICT shall include in its annual appropriation the funds necessary to
4 
enable the Council to effectively perform its functions.
5 
SEC. 131. Functions of the Advisory Council. - the Council shall have the
6 
following functions:
7 
(a) Recommend the most appropriate, secure, applicable and cost-effective
8 
technology to be applied in the automated election system component, in
9 
whole or in part, at that specific form in time.
10 
(b) Participate as non-voting members of the Bids and Awards Committee in the
11 
conduct of the bidding process for the automated election system component.
12 
Members of the Advisory Council representing the ICT Professionals
13 
organizations are hereby excluded from participating in any manner in the
14 
Bids and Awards Committee.
15 
(c) Participate as non-voting members of the steering committee tasked with the
16 
implementation of the hybrid election system. Members of the Advisory
17 
Council representing the ICT professional organization are hereby excluded
18 
from participating in any manner in the steering committee.
19 
(d) Provide advice and assistance in the review of the systems planning,
20 
inception, development, testing, operationalization, and evaluation stages.
21 
(e) Provided advice and/or assistance in the identification, assessment and
22 
resolution of systems problems or inadequacies as may surface or resurface
23 
in the course of the bidding, acquisition, testing, operationalization, re-use,
24 
storage or disposition of the equipment and/or resources, as the case may
25 
be, to be used in the automated election component of the election system.
26 
(f) Provided advice and/or assistance in the risk management of the automated
27 
election system especially when a contingency or disaster situation arises.
28 
(g) Prepare and submit a written report, which shall be submitted within six
29 
months from the date of the election to the oversight committee, evaluating
30 
the use of the hybrid election system.
31 
Nothing in the role of the Council or any outside intervention or influence shall
32 
be construed as an abdication or diminution of the Commission's authority and
33 
responsibility for the effective development, management and implementation of the
34 
hybrid election system and this Code.
35 
The Advisory Council shall be entitled to a just and reasonable amount of per
36 
diem allowances and/or honoraria to cover the expenses of the services rendered
37 
chargeable against the budget of the Commission.
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1 
SEC. 132. The Technical Evaluation Committee. - The Commission, in
2 
collaboration with the chairperson of the Advisory Council, shall establish an
3 
independent technical evaluation committee, composed of a representative each
4 
from the Commission, the Department of Science and Technology, and the
5 
Department on Information and Communications Technology who shall act as
6 
chairperson of the Committee.
7 
The Technical Evaluation Committee shall be immediately convened within
8 
thirty (30) days after the effectively of this Code.
9 
SEC. 133. Functions of the Technical Evaluation Committee. - The Committee
10 
shall certify, through an established international certification entity to be chosen by
11 
the Commission from the recommendations of the Advisory Council, not later than
12 
three months before the date of the electoral exercises, categorically stating that the
13 
automated election system component of the hybrid election system, including its
14 
hardware and software components, is operating properly, securely, and accurately,
15 
in accordance with the provisions of this Act based, among others, on the following
16 
documented results:
17 
(a) The successful conduct of a field-testing process followed by a mock election
18 
event in one or more cities/municipalities;
19 
(b)The successful completion of audit on the accuracy, functionally and security
20 
controls of the automated election software;
21 
(c) The successful completion of a source code review;
22 
(d) A certification that the source code is kept in escrow with the Bangko Sentral
23 
ng Pilipinas;
24 
(e)A certification that the source code reviewed is one and the same as that
25 
used by the equipment; and
26 
(f) The development, provisioning, and operationalization of a continuity plan to
27 
cover risks to the automated election system at all points in the process such
28 
that a failure of elections, whether at voting, counting or consolidation, may
29 
be avoided.
30 
The Technical Evaluation Committee may avail itself of the expertise and
31 
service of resource persons who are of known independence, competence and
32 
probity, are not partisan, and who do not possess any of the disqualification
33 
applicable to a member of the Advisory Council as provided herein. The resource
34 
persons shall also be subject to the same prohibitions and penalties as the members
35 
of the Advisory Council.
36 
The Technical Evaluation Committee shall closely coordinate with the steering
37 
committee of the Commission tasked with the implementation of the hybrid election
68


1 
system in the identification and agreement of the project deliverables and timelines,
2 
and in the formulation of the acceptance criteria for each deliverable.
3 
SEC. 134. Minimum System Capabilities. - The automated election system
4 
component of the hybrid election system must at least have the following functional
5 
capabilities:
6 
(a) Adequate security against unauthorized access:
7 
(b) Accuracy in recording and reading of votes as well as in the tabulation,
8 
consolidation/canvassing, electronic transmission, and storage of results;
9 
(c) Error recovery in case of non-catastrophic failure of device;
10 
(d) System integrity which ensures physical stability and functioning of the vote
11 
recording and counting process;
12 
(e) Provision for voter verified paper audit trail;
13 
(f) System auditability which provides supporting documentation for verifying the
14 
correctness of reported election results;
15 
(g) An election management system for preparing ballots and programs for use in
16 
the casting and counting of votes and to consolidate, report and display
17 
election result in the shortest time possible;
18 
(h) Accessibility to illiterates and disable voters;
19 
(i) Vote tabulating program for election, referendum or plebiscite;
20 
(j) Accurate ballot counters;
21 
(k) Data retention provision;
22 
(I) Provide for the safekeeping, storing and archiving of physical or paper
23 
resource used in the election process;
24 
(m) Utilize or generate official ballots as herein defined;
25 
(n) Provide the voter a system of verification to find out whether or not the
26 
machine has registered his choice; and
27 
(o) Configure access control for sensitive system data and function.
28 
In the procurement of this system, the Commission shall develop and adopt
29 
an evaluation system to ascertain that the above minimum system capabilities are
30 
met. This evaluation system shall be developed with the assistance of an advisory
31 
council.
32 
SEC. 135. Communication Channels for Electronic Transmissions. - All
33 
electronic transmissions by and among the automated election system and its
34 
related components shall utilizes secure communication channels as recommended
35 
by the Advisory Council, to ensure authentication and integrity of transmission.
69


1 
SEC. 136. Procurement of Equipment and Materials. - To achieve the
2 
purpose of this Code, the Commission in authorized to procure, in accordance with
3 
existing laws, by purchase, lease, rent or other forms of acquisition, supplies,
4 
equipment, materials, software, facilities, and other service, from local or foreign
5 
sources free from taxes and import duties, subject to accounting and auditing rules
6 
and regulation. With respect to the May 2025 elections and succeeding electoral
7 
exercises, the system procured must have demonstrated capability and been
8 
successfully used in a prior electoral exercise here or board. Participation in pilot
9 
exercises shall not be conclusive of the fitness of the system.
10 
In determining the amount of any bid from a technology, software or
11 
equipment supplier, the cost to the government of 
its deployment and
12 
implementation shall be added to the bid price as integral thereto. The value of any
13 
alternative use to which such technology, software or equipment can be put for
14 
public use shall not be deducted from the original face value of the said bid.
15 
Notwithstanding the requirement under Section 23.4.1.3 of the implementing
16 
rules and regulations of Republic Act No. 9184, for the sole purpose of procuring
17 
supplies, equipment, materials, software, facilities, and other automated elections
18 
services, under this Code, the prospective bidder must have either completed within
19 
the period specified in the invitation to bid, a single largest completed contract that
20 
is similar to the contract to be bid, and whose value, adjusted to current prices using
21 
the Philippine Statistics Authority Consumer Price Indices, must at least be fifty
22 
percent (50%) of the approved budget of contract or with proven financial,
23 
technical, and organizational capacity to conduct such exercise so as to ensure that
24 
the bidding and procurement shall not unreasonably 
limit competition and
25 
inequitably bar participation of capable suppliers, manufacturers, distributors, and
26 
service providers.
27 
SEC. 137. Continuity Plan. - The automated election system component shall
28 
be so designed to include a continuity plan in case of a systems breakdown or any
29 
such eventuality which shall result in the delay, obstruction or nonperformance of
30 
the electoral process. Activation of such continuity and contingency measures shall
31 
be undertaken in the presence of representatives of political parties and citizen's arm
32 
of the Commission who shall be notified by the election officer of such activation.
33 
All duly registered political parties and party-list groups shall be furnished
34 
copies of said continuity plan at their official addresses as submitted to the
35 
Commission. The list shall be published in at least two newspapers of national of
36 
circulation and shall be posted at the website of the Commission at least fifteen (15)
37 
days prior to the electoral activity concerned.
38 
SEC. 138. Examination and Testing of Equipment or Device of the AES and
39 
Opening of the Source Code for Review. - The Commission shall allow the political
40 
parties and candidates or their representatives, citizens' arm or their representatives
70


1 
to examine and test the equipment or device to be used in the voting and counting
2 
on the day of the electoral exercise, before voting start. Test ballots and test forms
3 
shall be provided by the Commission.
4 
Immediately after the examination and testing of the equipment or device,
5 
parties and candidates or their representatives, citizen's arms or their
6 
representatives, may submit a written comment to the election officer who shall
7 
immediately transmit it to the Commission for appropriate action.
8 
The election officer shall keep minutes of the testing, a copy of which shall be
9 
submitted to the Commission together with the minute of voting.
10 
Once an automated election system technology is selected for
11 
implementation, the Commission shall promptly make the source code of that
12 
technology available and open to any interested political party or groups which may
13 
conduct their own review thereof.
14 
SEC. 139. Stakeholder education and training. - The Commission shall, not
15 
later than six months before the hybrid elections, undertake a widespread
16 
stakeholder education and training program, through newspaper of general
17 
circulation, radio, television and other media forms, as well as through seminars,
18 
symposia, fora and other nontraditional means, to educate the public and fully
19 
inform the electorate about the new system and inculcate values on honest,
20 
peaceful, orderly and informed elections.
21 
Such program shall ensure the acceptance and readiness of the following
22 
stakeholders to understand and appreciate the benefits of the Hybrid Election
23 
System:
24 
(1) General public/voters;
25 
(2) Commission's staff;
26 
(3) Department of Education, Department of Finance (municipal, city and
27 
provincial treasurers) and all other government agencies who will play a role
28 
in the electoral exercise;
29 
(4) Local government officials (provincial, municipal, barangay levels);
30 
(5) Incumbent elected officials in the legislative and executive departments;
31 
(6) Political parties and candidates;
32 
(7) Members of the military and police.
33 
The general public or voters training will focus on building the capability to
34 
use the hybrid election system to cast their vote, as well as general appreciation of
35 
such system. All other stakeholders mentioned above will receive additional
36 
information in order to build a deeper understanding of the voting, counting.
71


1 
canvassing procedures, so that they may act as advocates of the hybrid election
2 
system.
3 
SEC. 140. Joint Congressional Oversight Committee. - An Oversight
4 
Committee is hereby created composed of seven members each from the Senate
5 
and the House of Representatives, four of whom shall come from the majority and
6 
three from the minority, to monitor and evaluate the implementation of this hybrid
7 
election system. A written report to the Senate and the House of Representatives
8 
shall be submitted by the Advisory Council within six months from the date of
9 
election. The oversight committee shall conduct a mandatory review of the hybrid
10 
election system every twelve (12) months from the date of the last regular national
11 
or local elections.
12
13 
Article 12
14 
Elections of National and Local Officials
15 
SEC. 141. Regular election for President and Vice-President - The next
16 
regular election for President and Vice-President of the Philippines shall be held on
17 
the second Monday of May 2028 and on the same day every six years thereafter.
18 
The President-elect and the Vice-President-elect shall assume office at twelve o'clock
19 
noon on the thirtieth day of June next following the election and shall end at noon of
20 
the same date, six years thereafter when the term of his or her successor shall
21 
begin.
22 
SEC. 142. Regular election of Members of the Senate. - The next regular
23 
election of the Members of the Senate whose present term of office shall end on
24 
June 30, 2025 shall be on the second Monday of May 2025 and on the same day
25 
every six years thereafter. The next regular election of the Members of the Senate
26 
whose present term of office shall end on June 30, 2028 shall be on the second
27 
Monday of May 2028 and on the same day every six years thereafter.
28 
SEC. 143. Regular election of the Members of the House of Representatives.
29 
- The next regular election for the Members of the House of Representatives
30 
representing the various legislative districts of the Philippines and the Members of
31 
the House of Representatives voted through the party-list system shall be held on
32 
the second Monday of May 2025 and on the same day every three years thereafter.
33 
SEC. 144. Manner of Voting for Members of Senate. - Candidates for Senator
34 
shall be voted at large by registered voters both within and without the Philippines.
35 
The candidates corresponding to the number of Senators to be elected who receive
36 
the highest number of votes shall be declared elected.
37 
SEC. 145. Manner of Voting for the Members of the House of
38 
Representatives. -Every voter shall be entitled to three (3) votes: the first is a vote
39 
for a candidate for Member of the House of Representatives in his or her legislative
72


1 
district; the second, a vote for the political party or coalition he or she wants
2 
represented in the House of Representatives; and the third, a vote for the sectoral
3 
party or organization he or she wants represented in the House of Representatives:
4 
Provided, that a vote cast for a party, sectoral organization, or coalition not entitled
5 
to be voted for shall not be counted.
6 
The Commission shall undertake the necessary information campaign for
7 
purposes of educating the electorate on the matter of the party-list system.
8 
SEC. 146. Composition and Apportionment of the Members of the House of
9 
Representatives. - The apportionment of district representatives prior to the
10 
effectivity of this Code shall be retained: Provided, That any province that may
11 
hereafter be created or any component city that may hereafter be declared by or
12 
pursuant to law as a highly urbanized city shall be entitled in the immediately
13 
following election to at least one Member or such number of Members as it may be
14 
entitled to on the basis of the number of the inhabitants and on the same uniform
15 
and progressive ratio used in the last preceding apportionment: Provided further,
16 
That the number of Members apportioned to the province out of which the new
17 
province was created or where the new highly urbanized city is geographically
18 
located shall be correspondingly adjusted by the Commission, but such adjustment
19 
shall not be made within one hundred twenty days before the election: Provided
20 
finally, That the corresponding adjustments shall be made to the number of party-
21 
list representatives which shall constitute twenty per centum (20%) of the total
22 
number of the members of the House of Representatives including those under the
23 
party-list.
24 
The classification of groups under the party-list system, as well as the
25 
allocation of the seats therefor, shall be in accordance with Article 6 of this Code.
26 
SEC. 147. Regular elections of local officials. - Except as otherwise provided
27 
in this Code, the election of regional, provincial, city, and municipal officials shall be
28 
held throughout the Philippines in the manner herein prescribed on the second
29 
Monday of May 2025 and on the same day every three years thereafter.
30 
The elective members of the Sangguniang Panlalawigan, Sangguniang
31 
Panlungsod, and Sangguniang Bayan shall be elected as follows:
32 
(a) For provinces with two (2) or more legislative districts, the elective members
33 
of the Sangguniang Panlalawigan shall be elected by legislative districts. For
34 
this purpose, the number of seats shall be apportioned equitably: Provided,
35 
That if equal division is not possible, the remaining member or members shall
36 
be elected in the district or districts with the greater number of population or,
37 
if they be the same, with the greater number of voters: Provided further. That
38 
if a legislative district includes a city that does not vote in the election of
39 
provincial officials, the Commission shall allocate the number of seats among
73


1 
the districts in proportion to the population of the constituencies voting for
2 
the Sangguniang Panlalawigan;
3 
(b) For provinces with only one (1) legislative district, the Commission shall divide
4 
them into two (2) districts for purposes of electing the members of the
5 
Sangguniang Panlalawigan, as nearly as practicable according to the number
6 
of inhabitants, each district comprising a compact, contiguous and adjacent
7 
territory, and the number of seats of elective members of their respective
8 
sanggunian shall be equitably apportioned between the districts in accordance
9 
with the immediately preceding paragraph; and
10 
(c)The composition, number, and election of elective members of the
11 
Sangguniang Panlungsod and Sangguniang Bayan of the various cities and
12 
municipalities already existing prior to the effectivity of this Code shall remain
13 
operative. For every new city or municipality henceforth established, the
14 
members of the Sangguniang Panlungsod or Sangguniang Bayan thereof shall
15 
be elected at large by the registered voters of the city or municipality
16 
concerned unless otherwise provided for by a special law.
17
18 
Article 13
19 
Polling Places
20 
SEC. 148. Polling place. - A polling place is the place where the Electoral
21 
Board conducts its proceedings and where the voters shall cast their votes.
22 
A voting center refers to the building or place where the polling place is
23 
located.
24 
SEC. 149. Designation of polling places. - The location of polling places
25 
designated in the preceding regular election shall continue with such changes as the
26 
Commission may find necessary, after notice to registered political parties and
27 
candidates in the political unit affected and hearing: Provided, That no location shall
28 
be changed within forty-five days before a regular election and thirty days before a
29 
special election or a referendum or plebiscite, except in case it is destroyed or it
30 
cannot be used.
31 
SEC. 150. Requirements for polling places. - Each polling place shall be, as
32 
far as practicable, a ground floor, and shall be of sufficient size to admit and
33 
comfortably accommodate forty voters at one time outside the guard rail for the
34 
electoral board. The polling place shall be located within the territory of the precinct
35 
and as centrally as possible with respect to the residence of the voters therein.
36 
Whenever possible, such location shall be along a public road. No designation of
37 
polling places shall be changed except upon written petition of the majority of the
38 
voters of the precinct or agreement of all the political parties or by resolution of the
39 
Commission upon prior notice and hearing.
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1 
A public building having the requirements prescribed in the preceding
2 
paragraph shall be preferred as polling place.
3 
SEC. 151. Building that shall not be used as polling places. - No polling place
4 
shall be located in a public or private building owned, leased, or occupied by any
5 
candidate or of any person who is related to any candidate within the fourth civil
6 
degree of consanguinity or affinity, or any officer of the government or leader of any
7 
political party, sectoral party, sectoral organization, group or faction, nor in any
8 
building or surrounding premises under the actual control of a private entity, political
9 
party, sectoral party, sectoral organization, or religious organization. In places where
10 
no suitable public building is available, private school buildings may be used as
11 
polling places. No polling place shall be located within the perimeter of or inside a
12 
military or police camp or reservation or within a prison compound.
13 
Any registered voter, candidate, registered political party, sectoral party, or
14 
sectoral organization may petition the Commission not later than thirty days before
15 
the start of the election period for the transfer of the polling place from the
16 
prohibited buildings provided herein. Such petition shall be heard and decided by the
17 
Commission within twenty days from the filing of the petition. Failure to effect the
18 
transfer of the polling place after the Commission found it to be located in violation
19 
of this section within the period prescribed herein shall be a ground for the
20 
postponement of the election in the polling place concerned.
21 
SEC. 152. Signs and flags of polling places. - On the day of the voting as well
22 
as on any day that the electoral board might meet, every polling place shall have in
23 
front a sign showing the number of the precinct to which it belongs and the
24 
Philippine flag shall be hoisted at the proper height.
25 
SEC. 153. Arrangement and contents of polling places. - Each polling place
26 
shall conform as much as possible to the layout prescribed by the Commission,
27 
taking into account the requirements under this Article.
28 
SEC. 154. Polling places for Persons with Disabilities and Senior Citizens. -
29 
The Commission shall assign the precincts established exclusively for Persons with
30 
Disabilities (PWD) and Senior Citizens under Section 20 of this Code in accessible
31 
polling places such as in public schools, town halls or plazas, civic centers,
32 
community centers, or other similarly designated special venues or areas with
33 
preference for venues designated with special features to ensure their safety and
34 
comfort: Provided, That, such polling places should readily be accessible to public
35 
transportation: Provided further, That whenever found inside a building, the polling
36 
places should be located at the ground floor thereof, preferably near the entrance:
37 
Provided finally. That such polling places shall be free of any physical barriers and
38 
shall be provided with necessary infrastructure, including ramps, railings, sidewalks,
39 
transport wheelchairs, adequate lighting, and similar features, as well as, the
40 
services of experts in assisting with disabilities such as sign language interpreters.
75


1 
SEC. 155. Emergency Accessible Polling Places. - During election day, the
2 
Commission shall designate a room or makeshift or temporary polling place
3 
established at the ground floor of a voting center or outside of it but in close
4 
proximity thereto, where senior citizens, PWDs, and pregnant women voters may
5 
vote on election day.
6 
The Commission shall ensure that the voting procedure in these polling
7 
places, including the facilities, materials, and voting machine, are adequate,
8 
appropriate, accessible, and easy to understand and use, and that reasonable
9 
accommodations shali be granted to PWDs, senior citizens, and pregnant women in
10 
order that they may fully exercise their right of suffrage. The Commission shall
11 
provide live assistance for PWDs such as sign language interpreters.
12 
SEC. 156. Duty of the Commission to ensure secrecy. - The Commission
13 
shall prescribe the specifications and layout of the polling places to ensure that
14 
adequate measures are in place to enable the voters to fill out their ballots secretly
15 
and that the secrecy of the ballot is preserved. Such measures shall include the use
16 
of voting booths in such number, size, specifications, and materials as the
17 
Commission may prescribe.
18 
SEC. 157. Guard rails. -
19 
(a) In every polling place there shall be a guard rail between the area where the
20 
voters shall fill out their ballots and the table for the electoral board which
21 
shall have a separate entrance and exit. The polling place shall be laid out in
22 
such a manner that voting booths can be accessible only by passing through
23 
the guard rail and by entering through its open side facing the table of the
24 
electoral board.
25 
(b) There shall also be a guard rail for the watchers between the place reserved
26 
for them and the table for the electoral board and at such a distance from the
27 
latter that the watchers may see and read clearly during the counting of the
28 
contents of the ballots and see and count the votes recorded by the electoral
29 
board member on the corresponding tally sheets.
30 
(c) There shall also be, if possible, guard rails separating the table of the
31 
electoral board from the voters waiting for their turn to cast their votes, with
32 
entrance and exit to give them orderly access to the table and the booths
33 
during the voting.
34 
(d) The polling place shall be so arranged that the booths, the table for the
35 
electoral board, the ballot boxes, and the whole polling place, except what is
36 
being written within the booths, shall be in plain view of the electoral board,
37 
the watchers, and other persons who may be within the polling place.
38 
(e) The Commission is hereby authorized to make the necessary adjustments to
39 
the guidelines set forth in this Section for polling places designated exclusively
76


1 
for persons with disabilities and senior citizens, as well as for emergency
2 
accessible polling places, to the end that the safety and comfort of the voters
3 
therein are enhanced, that they are able to fill out their ballots secretly, and
4 
that the secrecy of the ballots is preserved.
5 
SEC. 158. Ballot boxes. - There shall be in each polling place on the day of
6 
the voting a ballot box with such safety features that the Commission may prescribe
7 
and of such size as to accommodate the official ballots.
8 
SEC. 159. Tally boards. - At the beginning of the counting, there shall be
9 
placed within the plain view of the electoral board, watchers, and the public, a tally
10 
board where the names of all the registered candidates or the issues or questions to
11 
be voted upon shall be written. During the manual counting of votes, the poll clerk
12 
shall record thereon the votes received by each of the candidate or question to be
13 
voted on as the chairman of the electoral board reads the ballot.
14 
SEC. 160. Furnishing of ballot boxes, forms, stationeries and materials for
15 
election. - The Commission shall prepare and furnish the ballot boxes, forms,
16 
stationeries and materials necessary for the registration of voters and the holding of
17 
the election.
18 
The provincial, city and municipal treasurer shall have custody of such
19 
election paraphernalia, supplies and materials as are entrusted to him under the law
20 
or rules of the Commission and shall be responsible for their preservation and
21 
storage, and for any loss, destruction, impairment or damage of any election
22 
equipment, material or document in their possession furnished under this Code.
23 
SEC. 161. Inspection of polling places. - Before the day of the election,
24 
referendum or plebiscite, the Chairman of the Commission shall, through its
25 
authorized representatives, see to it that all polling places are inspected and such
26 
omissions and defects as may be found corrected. The Commission shall keep the
27 
reports on these inspections.
28 
SEC. 162. Polling places for Persons Deprived of Liberty. - The Commission
29 
shall establish special polling places in an area inside the jail facility or detention
30 
center with sufficient space to accommodate at least ten (10) voters at a given time.
31 
The physical set-up of such special polling places shall be similar to regular polling
32 
places, except for the necessary modifications which the Commission, in
33 
coordination with the management of the jail facility or detention center, shall
34 
institute in the interest of safety and order.
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1 
Article 14
2 
The Electoral Board
3 
SEC. 163. Composition and appointment of the electoral board. - At least
4 
fifteen days before the start of the campaign period for national candidates, the
5 
Commission shall, directly or through its duly authorized representatives, constitute
6 
an electoral board for each clustered precinct to be composed of a chairman, a poll
7 
clerk, and a third member. In all cases, the Commission shall ensure that at least
8 
one (1) member of the electoral board is an information-technology capable person
9 
trained for the purpose and certified as such by the Department of Science and
10 
Technology. As far as practicable, women electoral board members may not be
11 
assigned in areas with security concerns, far-flung barangays, or areas likely to
12 
cause gender-based violence or harm.
13 
SEC. 164. Oath of the members of the electoral board. - The members of the
14 
electoral board shall, before assuming their office, take and sign an oath upon forms
15 
prepared by the Commission, before an officer authorized to administer oaths or, in
16 
his absence, before any other member of the electoral board present, or in case no
17 
one is present, they shall take it before any voter. The oaths shall be sent
18 
immediately to the city or municipal treasurer.
19 
SEC. 165. Qualifications of members of the electoral board. - No person shall
20 
be appointed chairperson or member of the electoral board, whether regular,
21 
temporary, or as a substitute, unless he or she is;
22 
(a) A registered voter in the city of municipality;
23 
(b) Of good moral character and irreproachable reputation;
24 
(c) Has never been convicted of any election offense or of any crime punishable
25 
by more than six (6) months of imprisonment and has no pending case in
26 
court for any election offense; and
27 
(d) Able to speak and write Filipino, English, or the local dialect.
28 
SEC. 166. Disqualification. - No person shall serve as chairperson or member
29 
of the electoral board if he or she is related within the fourth civil degree of
30 
consanguinity or affinity to any other member of the same electoral board or to any
31 
candidate to be voted for in the polling place or any nominee of a party-list group or
32 
such candidate's or nominee's spouse.
33 
SEC. 167. Posting of the List of Members of the Board; Opposition. - A day
34 
after the constitution of the electoral board, the list of the constituted members and
35 
substitutes shall be posted for five (5) days on the bulletin boards in the office of the
36 
election officer and in the city or municipal hall.
37 
Within three (3) days from the posting of the list of appointed members of
38 
the electoral board or the posting of the final list of candidates, whichever comes
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later, any interested party may file a written opposition under oath against any
2 
appointed or substitute member of the electoral board at the office of the election
3 
officer. Within seven (7) days from receipt of the opposition, the election officer shall
4 
resolve the opposition in writing. The Commission shall prescribe the procedure
5 
which the election officer shall observe in these cases
6
7
8 
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32
33
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37
38
SEC. 168.
Preference. -
Right of Preference of Public School Teachers; Order of
(A) In the appointment of the members of the electoral boards, the Commission 
shall give preference to public school teachers who are qualified, willing, and 
available to render election service. For this purpose, the highest official of the 
Department of Education or Ministry of Basic, Higher, and Technical Education of 
the Bangsamoro Autonomous Region in Muslim Mindanao, as the case may be, 
in the district, city, or municipality shall submit to the election officer a certified 
list of public school teachers who are qualified, willing, and available to render 
election-related service within five (5) days upon request, based on the project 
of precincts. Those with permanent appointments and those who served in 
previous elections shall be given preference.
(B) In case there are not enough public-school teachers who are qualified, willing, 
and available to serve as members of the electoral board based on the certified 
list mentioned in the preceding section, the Commission shall appoint the 
following persons who shall likewise be qualified, willing, and available to render 
election related service, in the following order:
(1) Private school teachers, giving preference to those employed in private 
schools being utilized as voting centers, those who are teaching in high 
school or college level and are holding regular positions, or those who have 
previously served as member of the electoral board.
(2) National government employees except personnel of the Department of 
National Defense, any of its attached agencies, and personnel of the 
Philippine National Police, except in cases provided for under Section 173 
of this Code.
(3) Members of citizens' arms of Civil Society Organizations and Non­
government Organizations duly accredited by the Commission; and
(4) A registered voter of the city or municipality subject to additional 
qualifications and disqualifications as the Commission may prescribe.
The highest ranking officials of the private schools, the highest official ranking 
officials of national government agencies, and the highest officer of the local chapter 
of the Commission-accredited citizens' arms and non-government organizations in 
the district, city, or municipality concerned, shall, within five (5) days from service of
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a written request, submit to the election officer a certified list of their respective
2 
personnel who are qualified, willing, and available to render election-related service.
3 
The Commission shall provide, free of charge, an application form, which shall
4 
be available in the office of the election officer, for any registered voter who intends
5 
to be appointed as a member of the election registration board. The Commission
6 
shall likewise set the deadline for the filing of such application form.
7 
SEC. 169. Powers and functions of the electoral board. - The electoral board
8 
shall have the following powers and functions:
9 
(a) Conduct the voting and counting of votes in their respective polling places;
10 
(b)Act as deputies of the Commission in the supervision and control of the
11 
election in the polling places wherein they are assigned, to assure the holding
12 
of the same in a free, orderly and honest manner; and
13 
(c) Perform such other functions prescribed by this Code or by the rules and
14 
regulations promulgated by the Commission.
15 
SEC. 170. Voting privilege of members of the electoral board. - Members of
16 
the electoral board may vote in the polling place where they 
are assigned on
17 
election day: Provided, That they 
are registered voters of the same
18 
legislative/councilor district and the same city or municipality where they are
19 
assigned. In such case, said member or members of the electoral board shall write
20 
their names and precinct numbers in the certified list of voters and note such fact in
21 
the minutes.
22 
Any member of the electoral board who is a registered voter of another
23 
legislative/councilor district within the same city or municipality may vote in the
24 
polling place where he or she is actually registered provided that:
25 
(a) The voting in the place of assignment is light;
26 
(b) His or her absence shall not be for more than thirty (30) minutes;
27 
(c) He or she must be given priority in voting; and
28 
(d)The fact that he or she exercised the voting privilege shall be noted in the
29 
Minutes.
30 
In the alternative, the members of the electoral board may avail of other
31 
modes of voting whenever permitted under the Code.
32 
SEC. 171. Permanent vacancy in the electoral board. - If a constituted
33 
member of the electoral board dies, becomes incapacitated to perform his or her
34 
duties, or is disqualified from serving as such, the election officer shall replace such
35 
member from the list of substitutes for the clustered precinct concerned. The
36 
member who fills a permanent vacancy shall be entitled to the full rights, privileges.
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honoraria, allowances, and other benefits as the member whom he or she
2 
substituted for.
3 
SEC. 172. Temporary vacancy in the electoral board. - If, at the time of the
4 
meeting of the electoral board, any member is absent or a position in the electoral
5 
board is still vacant, the members present shall call upon the substitute of the
6 
absent member to perform the duties of the latter. In case such substitute cannot
7 
be found, the members present shall appoint any qualified non-partisan registered
8 
voter of the polling place to temporarily fill in the vacancy until the absent member
9 
appears or the vacancy is filled. In such case, the honoraria and allowances
10 
appertaining to the absent member or the vacant position shall be pro-rated
11 
between the person who filled in the temporary vacancy and the substitute or
12 
original member of the electoral board, as the case may be. In no case shall the
13 
person filling in the temporary vacancy receive less than one half of the honoraria
14 
and allowances of the absent member or the vacant position. Such person shall
15 
likewise have the full rights, privileges, and other benefits appertaining to the absent
16 
member or vacant position.
17 
The filling in of the temporary vacancy shall not relieve the absent member
18 
and those who caused his or her absence from administrative and criminal liability.
19 
SEC. 173. Deputation of Members of the Philippine National Police (PNP). -
20 
Uniformed personnel of the PNP who have undergone the necessary trainings and
21 
have secured the certification from the Department of Science and Technology
22 
mentioned in Section 163 may be deputized as a member of the electoral board, if
23 
the following circumstances are present:
24 
(a) The peace and order situation in the area requires as determined by the
25 
Commission; and
26 
(b) There are no other qualified, willing, and available persons to render election
27 
service in the affected area based on the certification mentioned in Section
28 
168 (B).
29 
Where designated electoral boards fail to report on Election Day or retrieve
30 
the election documents from the City/Municipal Treasurer's Office/Office of the
31 
Election Officer due to peace and order situation, the Election Officer may designate
32 
Philippine National Police personnel as substitute electoral board.
33 
SEC. 174. Relief of the members of the electoral board. - The members of
34 
the electoral board shall not be relieved unless disqualified as provided in this Code.
35 
SEC. 175. Proceedings of the electoral board. - The meetings of the electoral
36 
board shall be public and shall be held only in the polling place or such other place
37 
as authorized by the Commission.
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The electoral board shall have full authority to maintain order within the
2 
polling place and its premises, to keep access thereto open and unobstructed, and to
3 
enforce obedience to its lawful orders. If any person shall refuse to obey lawful
4 
orders of the electoral board, or shall conduct himself or herself in a disorderly
5 
manner in its presence or within its hearing and thereby interrupt or disturb its
6 
proceedings, the electoral board may issue an order in writing directing any peace
7 
officer to remove such person from the place where the electoral board is meeting
8 
until the adjournment of the meeting, but such order shall not be executed as to
9 
prevent any person so taken into custody from exercising his or her right to vote.
10 
Such order shall be executed by any peace officer to whom it may be delivered, but
11 
if none be present, by any other person deputized by the electoral board in writing.
12 
SEC. 176. Prohibition of poiiticai activity. - No member of the board of
13 
electoral board shall engage in any partisan political activity or take part in the
14 
election except to discharge his duties as such and to vote.
15 
SEC. 177. Functioning of the eiectorai board. - The electoral board shall act
16 
through its chairman, and shall decide without delay by majority vote all questions
17 
which may arise in the performance of its duties.
18 
SEC. 178. Support Staff of the Eiectorai Board. - The Commission may
19 
authorize the appointment of support staff to assist the electoral board in the
20 
performance of its duties in such number as may be reasonable and necessary. The
21 
Commission shall determine the compensation and allowances of such personnel:
22 
Provided, That such compensation and allowances shall be just and reasonable
23 
under the circumstances.
24
25 
Article 15
26 
Watchers
27 
SEC. 179. Officiai watchers of candidates, poiiticai parties and other groups.
28 
- Each candidate, duly registered political party or coalition of political parties, party-
29 
list group, and duly accredited citizens' arm, may appoint in every polling place two
30 
(2) watchers who shall serve alternately. However, candidates for Senator, Member
31 
of the Sangguniang Panlalawigan, Sangguniang Panlungsod, and Sangguniang
32 
Bayan belonging to the same party or coalition, shall collectively be entitled to one
33 
(1) watcher only.
34 
Other civic, religious, professional, business, service, youth, and any similar
35 
organizations, with prior authority of the Commission, shall be collectively entitled to
36 
appoint one (1) watcher in every polling place.
37 
If the space in a polling place reserved for watchers is insufficient, preference
38 
shall be given to the watchers of the dominant majority and dominant minority
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1 
parties, as determined by the Commission. Watchers of the citizens' arm shall be
2 
given preferential position closest to the Electoral Board.
3 
SEC. 180. Qualifications of watchers. - No person shall be appointed as
4 
watcher unless said person:
5 
(a) Is a registered voter of the city or municipality where such person is
6 
assigned;
7 
(b) Is of good moral character;
8 
(c) Has not been convicted by final judgment of any election offense or of any
9 
other offense;
10 
(d) Knows how to read and write Filipino, English or the prevailing local dialect;
11 
and
12 
(e) Is not related within the fourth civil degree of consanguinity or affinity to the
13 
chairperson or any other member of the electoral board in the polling place
14 
where such person seeks appointment as a watcher.
15 
SEC. 181. Rights and duties of watchers. - Upon entering the polling place,
16 
the watchers shall present and deliver to the chairperson of the electoral board their
17 
appointment and proof that they are registered voters of the city or municipality
18 
concerned. Their names shall be recorded in the minutes with a notation under
19 
their signature that they are qualified under the preceding section of this Code.
20 
The appointments of the watchers shall bear the personal signature of the
21 
candidate or the duly authorized representative of the registered political party or
22 
coalition of political parties, party-list group, accredited citizens' arm or other
23 
authorized organization who appointed them. At least fifteen (15) days before
24 
election day, independent candidates, registered political parties or coalition of
25 
political parties, party-list groups, accredited citizens' arm and other organizations
26 
authorized by the Commission to appoint watchers shall provide the election officer
27 
concerned with the names and signatures of their representatives authorized to
28 
appoint watchers in the city or municipality of the polling place.
29 
The watchers shall have the following rights:
30 
(a) To stay in the space reserved for them inside the polling place except in the
31 
instances provided under Section 179;
32 
(b)To witness and inform themselves of the proceedings of the electoral board;
33 
(c) To take notes of what they may see or hear;
34 
(d)To take photographs, images, video, or audio recordings of the proceedings
35 
and incidents, if any, during the Final Testing and Sealing, counting of votes,
36 
transmission of results, preparation and printing of election returns: Provided,
37 
That the secrecy of ballots shall be maintained at all times: Provided further,
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1 
That in no case shall taking of pictures, images, photos, videos, or audio
2 
recordings be allowed while the voter is shading the ballot or feeding the
3 
same in the vote counting machine. Violation of this paragraph shall
4 
constitute an election offense;
5 
(e)To file a protest against any irregularity or violation of law which they believe
6 
may have been committed by the electoral board, by any of its members or
7 
by any person present;
8 
(f) To obtain from the electoral board a certificate as to the filing of such protest
9 
and/or of the resolution thereon;
10 
(g)To obtain from the electoral board a certificate of votes which shall contain
11 
the number of votes obtained by the candidate, from manual count and
12 
automated count, respectively, written in words and figures, the number of
13 
the precinct, the name of the city or municipality and the total number of
14 
voters who voted in the precinct and the date and time issued. The certificate
15 
of votes shall be signed and thumb marked by each member of the electoral
16 
board.
17 
(h)To have a reasonable opportunity to read the ballots during the manual
18 
counting of votes, after such ballots shall have been read by the chairperson,
19 
as well as the election returns, after they shall have been completed and
20 
signed by the members of the electoral board, without touching either the
21 
ballots or the election returns; and
22 
(i) To position themselves near the chairperson of the electoral board while the
23 
chairperson is publicly announcing the precinct results.
24 
(j) Watchers are not allowed to speak to any member of the electoral board or to
25 
any voter or among themselves, in a manner that would disrupt the
26 
proceedings of the electoral board.
27 
The watchers representing the dominant majority and dominant minority
28 
parties, and the citizen's arm shall, if available, affix their signatures and
29 
thumbmarks in the election returns for both the manual and automated counts.
30
31 
Article 16
32 
The Official Ballots
33 
SEC. 182. Form and contents of the Official Ballots. -
34 
(A) Ballots for National, Local, and Bangsamoro Autonomous Region Elections,
35 
whether regular or special, plebiscites, initiatives, and referenda, shall be paper-
36 
based, uniform sized, and shall be prescribed by the Commission, taking into
37 
account environmental considerations, with a reasonable minimum paper size
38 
and using only recycled paper. They shall be printed in black ink on security
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2
3
4
5
6 
7
g
(B)
9
10
11
12
13
14
15
16
(C)
17
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19
(D)
20
21
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23
24
25
26
27
28
(E)
29
30
(F)
31
32
33
34
35
36
37
(G)
38
paper with distinctive, clear, and legible watermarks that will readily distinguish 
it from ordinary paper. Each ballot shall bear a serial number and a bar code, 
which can be scanned for the purpose of projecting the digital image of the 
ballot and for its authentication. It shall bear at the top middle portion thereof 
the Coat-of-Arms of the Republic of the Philippines, the word "Official Ballot", 
the name of the city or municipality and province in which the election is to 
beheld, and the date of the election.
The official ballot shall be serially numbered and shall be delivered to, and 
correspond to, specific precincts or cluster of precincts, as the case may be, 
which shall have corresponding and exclusive ballot identification numbers 
separate from the serial number of the individual ballots. For purposes of 
transparency, the ballot identification numbers and the serial number of the 
ballots corresponding to each precinct or cluster of precincts, as the case may 
be, shall be available for viewing by interested parties on the Commission's 
official website at least five (5) days before the elections.
A digital image of a sample official ballot may be available for viewing and 
downloading from the Commission's website, minus the security features, and 
actual bar codes for authentication.
The official ballot shall contain the titles of the positions to be filled and/or the 
positions to be voted upon in an initiative, referendum, or plebiscite. Under each 
position to be filled, the names of candidates shall be arranged alphabetically by 
surname and uniformly indicated using the same type size. The maiden or 
married name shall be listed in the official ballot, as preferred by the female 
candidate. Under each proposition to be voted upon, the choices should be 
uniformly indicated using the same font and size. Opposite the name of the 
candidate shall be a square or rectangle, on which the voter will place a single 
vertical mark to register a vote for a candidate of the voter's choice.
A fixed space where the chairman of the electoral board shall fix his/her 
signature to authenticate the official ballot shall be provided.
The foregoing provisions notwithstanding, the Commission is hereby authorized 
to prescribe a different form of official ballot on the same watermarked security 
paper to facilitate voting by persons with disabilities and by persons who are 
unable to read or write only. The Commission should use or adopt the latest 
technological and electronic devices in connection therewith, as to enable such 
voters to confirm that the accompanying person truly adhered to the voter's 
choice of candidates.
To prevent the use of fake ballots, the Commission through the Technical 
Evaluation Committee, established under Section 132 of this Code, shall ensure
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1 
that the necessary safeguards, such as, but not limited to, bar codes,
2 
holograms, color shifting ink, microprinting, are provided on the ballot.
3 
SEC. 183. Printing and distribution of the official baiiots. - The printing of the
4 
official ballots shall be done by the National Printing Office and/or Bangko Sentral ng
5 
Pilipinas, under the control and supervision of the Commission, using the printing
6 
machines they ov\m, and shall not be contracted out or outsourced to any private or
7 
public person, entity, or agency, despite claims of better or higher capacity to do so,
8 
not even under a valid accreditation pursuant to any law or rules and regulations.
9 
The official ballots shall be printed and distributed to each city/municipality at
10 
the rate of one ballot for every registered voter with a provision of additional three
11 
ballots per precinct.
12 
SEC. 184. Sample Official Ballots. - The Commission shall provide the
13 
electoral board with sample official ballots at the rate of thirty ballots per polling
14 
place. The sample official ballots shall be printed on colored paper, in all respects
15 
like the official ballots but bearing instead the words "Sample Official Ballot", to be
16 
shown to the public and used in demonstrating how to fill out and fold the official
17 
ballots properly. No name of any actual candidate shall be written on the spaces for
18 
voting on the sample official ballots provided by the Commission, nor shall they be
19 
used for voting.
20 
At least thirty (30) days before an election, it shall be the duty of the
21 
Commission on Elections to publicize the unfilled sample ballot through broadcast,
22 
digital, electronic, or online media, as well as posting the same information at
23 
conspicuous public areas including barangay halls during barangay and Sangguniang
24 
Kabataan Elections and a list of all registered national, provincial and city candidate
25 
to be voted in the said election. The names of the candidates shall be listed in
26 
alphabetical order under their respective party affiliation and a one-line statement
27 
not to exceed (3) words of their occupation or profession: Provided, however, That
28 
in the posting of the names of the candidates for national offices, the alphabetical
29 
order shall be democratized so that the listed names shall be made in three (3)
30 
columns: the first column shall commence with the letter A and end with the letter
31 
Z; the second column shall commence with the letters "I-Z" and thereafter- "A-H"
32 
and the third column shall commence with the letters "Q-Z" and thereafter "A-P."
33 
Persons nominated under the party-list system likewise be included in the
34 
abovementioned list.
35 
SEC. 185. Custody and accountability of ballots. - The election officer and
36 
the treasurer of the city/municipality as deputy of the Commission shall have joint
37 
custody and accountability of the official ballots, accountable forms and other
38 
election documents as well as ballot boxes containing the official ballots cast.
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2
3
4
5
6
7
8 
9
10
11
12
13
14
15
16
17
18
19
20 
21 
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
The election officer and the city or municipal treasurer shall keep a record of 
the quantity, identification numbers, and the serial numbers of the ballots they have 
custody of. Legible copies of aforesaid record shall be furnished the duly authorized 
city or municipal representatives of the dominant majority and minority parties and 
the Commission immediately after the distribution is made of such official ballots. 
Any candidate or duly registered political or sectoral party or organization shall be 
given a copy of such record upon request.
The Commission shall promulgate the necessary rules and prescribe the 
appropriate forms and documentation to ensure that the chain of custody of the 
ballots and the ballot boxes may be readily established.
No official ballots shall be delivered to the electoral board earlier than the first 
hour of election day: Provided, however, That the Commission may, for justifiable 
reasons, authorize the delivery of said official ballots to the electoral board of any 
particular polling place at an earlier date after written notice thereof to the 
independent candidates to be voted for in the polling place concerned and to the 
duly registered political parties fielding candidates to be voted for in such polling 
place.
SEC. 186. Watchers in the printing, storage, and distribution of ballots. - 
Accredited political or sectoral parties or organization and deputized citizen's arms of 
the Commission may assign watchers in the printing, storage, and distribution of 
official ballots. The watchers shall have the same qualifications prescribed in Section 
180 of this Code.
Article 17
Casting of Votes in Regular Voting
SEC. 187. Voting hours on election day. - Unless otherwise set by the 
Commission through a duly promulgated and published resolution, the casting of 
votes for shall start at seven o'clock in the morning and shall end at three o'clock in 
the afternoon, except when there are voters present within thirty meters in front of 
the polling place who have not yet cast their votes, in which case the voting shall 
continue but only to allow said voters to cast their votes without interruption. The 
poll clerk shall, without delay, prepare a complete list in duplicate containing the 
names of said voters consecutively numbered. The voters so listed shall be called to 
vote by announcing each name repeatedly three times in the order in which they are 
listed. Any voter in the list who is not present when his or her name is called out 
shall not be permitted to vote.
SEC. 188. Preliminaries to the voting. 
board shall:
Prior to the voting, the electoral
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1 
(a) Meet at the polling place not later than five o'clock in the morning of election
2 
day, unless a different time is prescribed by the Commission. They shall
3 
ensure that the ballot box and the vote counting device or machine that shall
4 
be used for the automated count are inside the polling place;
5 
(b) Set-up the polling place in accordance with the guidelines prescribed by the
6 
Commission;
7 
(c) Post one copy of the prescribed voters list of each precinct in the cluster near
8 
or at the door of the polling place, preferably the pages/sheets are spread
9 
out to give free access to voters who are checking their names in the list;
10 
(d) Show to the watchers and everyone else present that:
11 
(i) The box of the vote counting device or machine is sealed;
12 
(ii) The ballot box is empty; and
13 
(iii) Package of official ballots is duly sealed, and thereafter, break the seal.
14 
(e) Segregate the ballots intended for voters assigned to special polling places
15 
and turn these over to the proper personnel for delivery to such special
16 
polling places, strictly following the procedure that shall be prescribed by the
17 
Commission for this purpose;
18 
(f) Remove the seal of the box containing the voting counting device or machine
19 
and check whether all of the components necessary to operate such device
20 
or machine, as enumerated in the resolution promulgated by the Commission
21 
for this purpose, are inside the box;
22 
(g) Enter in the minutes the fact that the package of ballots, ballot box, and box
23 
containing the vote counting device or machine were shown to the public
24 
with their wrapping and corresponding seals intact and/or if they find that
25 
the wrapping and seals are broken, such fact must be stated in the minutes
26 
as well as the serial numbers of ballots that they find in the package; and
27 
(h) Perform such other tasks as the Commission may prescribe.
28 
SEC. 189. Persons Allowed Inside the Polling Place. - Only the following
29 
persons shall be allowed inside the polling place:
30 
(a) Members of the Electoral Board and support staff, if any;
31 
(b) Watchers who shall stay only in the space reserved for them;
32 
(c) Representatives of the Commission;
33 
(d) Voters casting their votes and their assistors, if any;
34 
(e) Voters waiting for their turn to cast their vote;
35 
(f) Support staff delivering ballots to or from special polling places;
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1 
(g)Technical support staff duly authorized by the Commission and assigned in
2 
the voting center concerned;
3 
(h) Jail/Prison escorts escorting voters who are deprived of liberty; and
4 
(i) Other persons who may be specifically authorized by the Commission.
5 
SEC. 190. Persons Not Allowed to Enter the Polling Place. - Unless specifically
6 
authorized by the Commission, it is unlawful for the following persons to enter the
7 
polling place, or to stay within a radius of fifty (50) meters from the polling place,
8 
except to vote:
9 
(a) Any officer of member of the Armed Forces of the Philippines or the Philippine
10 
National Police;
11 
(b)Any peace officer or any armed person belonging to any extra-legal police
12 
agency, special forces, reaction forces, strike forces. Civilian Armed
13 
Geographical Units, barangay tanods or other similar forces or para-military
14 
forces, including security guards;
15 
(c) All other kinds of armed or unarmed extra-legal police forces; or
16 
(d)Any barangay or Sangguniang Kabataan official, whether elected or
17 
appointed.
18 
However, the electoral board may, by a majority vote if it deems necessary,
19 
order in writing the detail of police officers or peace officers for its protection or for
20 
the protection of the election documents and paraphernalia. In which case, the said
21 
police officers or peace officers shall stay outside the polling place within a radius of
22 
thirty (30) meters, near enough to be easily called by the electoral board at any
23 
time, but never at the door, and in no case shall the said police officers or peace
24 
officers hold any conversation with any voter or disturb or prevent or in any manner
25 
obstruct the free access of the voters to the polling place. Such order shall be
26 
recorded in the minutes.
27 
SEC. 191. Order of voting. - The voters shall vote in the order of their
28 
entrance into the polling place. The voters shall have the right to freely enter the
29 
polling place as soon as they arrive unless there are voters waiting inside, in which
30 
case they shall fall in line in the order of their arrival and shall not crowd around the
31 
table of the electoral board. The voters, after having cast their votes, shall
32 
immediately depart.
33 
SEC. 192. Manner of obtaining ballots. - The voter shall proceed to the
34 
assigned precinct/clustered precinct and approach any member of the electoral
35 
board or its support staff and shall state his or her name, precinct number, and
36 
sequence number.
37 
The poll clerk shall verify if the name of the voter from the certified voters list
38 
to establish that the voter is assigned in that polling place. If the voter's name is not
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1 
in the certified voters list, the voter shall not be allowed to vote and shall be
2 
requested to leave the polling place.
3 
If the voter's name is in the certified voters list, the poll clerk shall, in
4 
accordance with the procedure that shall be prescribed by the Commission, verify if
5 
the voter has already cast his or her vote. If verification reveals that the voter has
6 
already cast his or her vote, the voter shall be informed of such fact and shall be
7 
asked to leave the polling place. This fact, along with the name and precinct of the
8 
voter, shall be recorded in the minutes.
9 
If the verification reveals that the voter has not yet voted, the poll clerk shall
10 
then establish the identity of the voter through his or her photograph or specimen
11 
signature in the certified voters list. In case the identity of the voter cannot be
12 
established with certainty using the information in certified voters list, the electoral
13 
board may establish such voter's identity through any of the means mentioned in
14 
Section 43 of this Code. If the voter's identity cannot be established through any of
15 
the means provided in this Code or prescribed by the Commission, the voter shall be
16 
directed to leave the polling place after informing him or her the reason therefor.
17 
After the voter's identity is established, the name of the voter shall be
18 
distinctly announced in a tone loud enough to be heard throughout the polling place.
19 
If the voter is not challenged or having been challenged, the question has been
20 
decided in his or her favor, the electoral board shall require the voter to sign the
21 
certified voters list. In case the voter cannot sign, the voter shall be asked to affix
22 
his or her thumbmarks in said list.
23 
Thereafter, the voter shall be directed to the Chairperson who shall:
24 
(a) Authenticate the ballot by affixing his/her signature at the designated space
25 
of the front of the ballot;
26 
Failure to authenticate the ballot shall not invalidate the ballot but shall
27 
constitute an election offense.
28 
(b) Show to the voter that the ballot being given is not torn or smudged, and has
29 
not yet been filled-out;
30 
(c) Place such ballot inside the ballot secrecy folder or some other covering
31 
material as may be prescribed by the Commission and hand it over to the
32 
voter, along with the marking pen;
33 
(d) Instruct the voter how to fill-out the ballot properly and then direct him or her
34 
to the designated voting area.
35 
Only the Chairperson shall issue the official ballots and only one ballot at a
36 
time shall be issued.
37 
SEC. 193. Manner of voting. - The voter, upon receiving his or her ballot,
38 
shall forthwith proceed to the designated voting area and occupy one of the empty
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voting booths to ensure that the voter may fill out the ballots in secrecy. The voter
2 
shall place a single vertical mark on the square or rectangle opposite the name of
3 
the candidate or proposition to register a vote for such candidate or proposition, as
4 
the case may be.
5 
After accomplishing the ballot, the voter shall feed the ballot in the vote
6 
counting machine or device without touching such machine or device. The voter
7 
shall return the secrecy folder and the marking pen to the third member.
8 
Once the voter has completed all the necessary tasks to complete the voting
9 
process, including the application of measures to prevent him or her from double
10 
voting in the same elections, he or she shall promptly leave the polling place.
11 
The Commission shall prescribe the necessary rules and regulations to ensure
12 
that the secrecy of the ballots and the voter-verified audit trail shall be preserved
13 
during the conduct of the voting and that no spurious ballots may be placed into the
14 
ballot box.
15 
SEC. 194. Prohibited acts by voters. The voter shall be prohibited from
16 
performing any of the following actions:
17 
(a) Entering any voting booth or any other voting structure or device prescribed
18 
by the Commission that is occupied by another;
19 
(b) Entering such booth, structure, or device while accompanied by somebody or
20 
filling out the ballot accompanied by another, except in the instances allowed
21 
by the Code;
22 
(c) Staying in the voting booth, structure, or device, or in the polling place for a
23 
longer period of time than reasonably necessary;
24 
(d) Speaking with other voters or the watchers while inside the polling place even
25 
after being warned to refrain from doing so by any of the members of the
26 
electoral board;
27 
(e) Causing any undue disturbance to other voters, watchers, the electoral board,
28 
or to any other person inside the polling place or within its immediate vicinity;
29 
(f) Except in voting by mail and absentee voting, preparing the ballot outside the
30 
voting booth or voting structure or device prescribed by the Commission;
31 
(g) Except in voting by mail and absentee voting, preparing the ballot without
32 
using the ballot secrecy folder or any other covering material or device
33 
provided by the Commission;
34 
(h) Exhibiting the contents of the ballots to any person except to his or her
35 
assistor in instances allowed in this Code or by the Commission;
36 
(i) Allowing or causing any other person to fill-out the ballots, except in the
37 
instances allowed in this Code or by the Commission;
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7
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9
10
11
12
13
14
15
16
17
18
19
20
21
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23
24
25
26
27
28
29
30
31
32
33
34
35
36
(j) Preparing the ballot of any other person, except in the instances allowed in 
this Code;
(k) Erasing any printing from the ballot or to intentionally tearing or defacing the 
same;
(l) Putting any distinguishing mark on the ballot;
(m) Using of capturing devices such as but not limited to digital cameras, cellular 
phones with camera, or other means to copy the contents of any ballot;
(n) Availing of any means or scheme to discover the contents of the ballot of 
another voter except when lawfully assisting such other voter;
(o) Publishing, sharing, or otherwise circulating, in any manner, including posting 
on social media platforms, any photograph, video, or image of any filled in 
official ballot;
(p) Making use of any other means to identify the vote of the voter;
(q) Taking pictures, images, photos, videos, or audio recordings of any voter 
while the latter is shading the ballot or feeding the same in the vote counting 
machine;
(r) Performing any other act that is be prohibited under the rules and regulations 
promulgated by the Commission pursuant to its duty of ensuring the secrecy 
of the ballots and maintaining the peace and order within the polling places 
and voting centers.
SEC. 195. Preparation of ballots for illiterate, senior citizens and persons with 
disability. - No voter shall be allowed to vote as an illiterate, a person with disability, 
or senior citizen unless such fact is indicated on the certified voters list, or although 
not indicated as person with disability or senior citizen in the certified voters list, the 
fact of disability or being a senior citizen is readily apparent. If so, such voter may 
be assisted in the preparation of the ballot, by the following persons and in the 
following order:
(a) Relative within the 4th civil degree of consanguinity or affinity;
(b) Person of his or her confidence who belongs to the same household as that of 
the voter. For this purpose, the person who usually assists the person with 
disability or senior citizen, such as the personal assistant, caregiver, or a 
nurse, shall be considered as a member of the voter's household;
(c) Any member of the electoral board.
All persons assisting must be of voting age. No person, except members of 
the electoral board, may assist an illiterate, person with disability, or senior citizen 
more than three (3) times.
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In all cases, the poll clerk shall first verify from the illiterates, persons with
2 
disability, or senior citizens whether said voters have authorized the person in
3 
question to help them cast their vote. If the voter denies the authority of the
4 
assistor, any member of the electoral board may assist such illiterates, persons with
5 
disability, or senior citizens. The same shall be recorded in the Minutes.
6 
The person assisting the illiterates, persons with disability, or senior citizens
7 
shall:
8 
(1) Prepare in their presence, the ballot using the ballot secrecy folder or other
9 
covering device or material prescribed by the Commission; and
10 
(2) Bind themselves in writing and under oath to fill out the ballot strictly in
11 
accordance with the instructions of the voter and not to reveal its contents,
12 
by indicating the appropriate data and affixing their signatures, thumbmark,
13 
or any available fingerprint if without a thumb, in the corresponding space in
14 
the minutes.
15 
The person assisting shall not disclose to any other person votes of the
16 
person or persons whom he assisted.
17 
SEC. 196. Replacement ballots. - No replacement ballot shall be issued to a
18 
voter whose ballot is rejected by the vote counting machine or device, except if such
19 
rejection of the ballot is not due to the fault of the voter.
20 
SEC. 197. Challenge against illegal voters. - Any voter or watcher may
21 
challenge any person offering to vote on the following grounds:
22 
(1) Such person is not registered to vote in the precinct he is trying to vote in;
23 
(2) Said person is using the name of another; or
24 
(3) He or she is suffering from existing disqualification.
25 
In such case, the electoral board shall determine the truthfulness of the
26 
ground for the challenge by requiring proof of registration, identity, or qualification.
27 
SEC. 198. Challenge based on certain illegal acts. - Any voter or watcher
28 
may challenge any voter offering to vote on the ground that the challenged person
29 
has received or expects to receive, has paid, offered or promised to pay, has
30 
contributed, offered or promised to contribute money or anything of value as
31 
consideration for his vote or for the vote of another; that he has made or received a
32 
promise to influence the giving or withholding of any such vote or that he has made
33 
a bet or is interested directly or indirectly in a bet which depends upon the result of
34 
the election. The challenged person shall take a prescribed oath before the electoral
35 
board that he has not committed any of the acts alleged in the challenge. Upon the
36 
taking of such oath, the challenge shall be dismissed and the challenged voter shall
37 
be allowed to vote, but in case of his refusal to take such oath, the challenge shall
38 
be sustained and he shall not be allowed to vote.
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The admission of the challenged voter under this section and the preceding
2 
section shall not be conclusive upon any court as to the legality of the registration of
3 
the voter challenged or his vote in a criminal action against such person for illegal
4 
registration or voting.
5 
SEC. 199. Record of Challenges and Oaths. - The electoral board shall record
6 
in the Minutes all challenges and oaths taken, and its decision in each case.
7 
SEC. 200. Disposition of unused ballots. - After voting, the Chairperson, in
8 
the presence of the other members of the electoral board, shall:
9 
(a) Record in the minutes the quantity of unused ballots;
10 
(b)Tear the unused ballots in half lengthwise; and
11 
(c) Place the two halves of the unused ballots in separate envelopes. One of the
12 
envelopes shall be deposited in the ballot box while the other shall be
13 
submitted to the election officer.
14 
SEC. 201. Prohibition of announcement of voting. - No member of the board
15 
of the electoral board shall, before the termination of the voting, make any
16 
announcement as to whether a certain registered voter has already voted or not, as
17 
to how many have already voted or how many so far have failed to vote, or any
18 
other fact tending to show or showing the state of the polls, nor shall he make any
19 
statement at any time, except as witness before a court, as to how any person
20 
voted.
21
22 
Article 18
23 
Casting of Votes in Early Voting, Postal Voting,
24 
Local Absentee Voting, and by Voters Deprived of Liberty
25 
SEC. 202. Who may avail of Local Absentee Voting. - Local absentee voting
26 
may be availed of by the following:
27 
(a) government officials and employees;
28 
(b) members of the PNP;
29 
(c) members of the AFP; and
30 
(d) members of the media, media practitioners including their technical and
31 
support staff who are actively engaged in the pursuit of information gathering
32 
and reporting or distribution, in any manner or form, including, but not limited
33 
to the following:
34 
(1) Print Journalists
35 
(2) Television Journalists
36 
(3) Photo Journalists
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(4) Online Journalists
2 
(5) Radio Journalists
3 
(6) Documentary makers
4 
(7) Television/Radio Production
5 
(8) Bloggers
6 
(9) Freelance Journalist
7 
Provided, That a) they are duly registered voters and whose registration
8 
records are not deactivated, and b) on election day, in case of government officials,
9 
members of the PNP and AFP, that they are assigned temporarily to perform election
10 
duties in places where they are not registered voters; or in case of media voters,
11 
that they will not be able to vote due to the performance of their functions in
12 
covering and reporting on the conduct of elections.
13 
Government officials and employees who will be posted abroad to perform
14 
election duties on election day may also avail of local absentee voting: Provided,
15 
That they are registered voters and that they are not registered overseas voters.
16 
SEC. 203. Positions to be voted for. - Voters availing of Local Absentee
17 
Voting and voters who are deprived of liberty may vote for national positions only.
18 
Voters availing of Early Voting and Postal Early Voting may vote for local and
19 
national positions.
20 
SEC. 204. Voting period for Locai Absentee Voters. - Those who have been
21 
approved to avail of local absentee voting shall have at least two (2) days within
22 
thirty calendar days before election day to submit their ballots to the officers
23 
designated to collect such ballots.
24 
SEC. 205. Voting period and voting hours for eariy voting. - For national and
25 
local elections, there shall be early voting where senior citizens, persons with
26 
disabilities, pregnant women, and indigenous peoples, who have opted to avail of
27 
such privilege in accordance with this Code, may cast their votes for a period of not
28 
less than two (2) days within thirty (30) calendar days before election day at
29 
accessible establishments.
30 
Before the start of the election period, the Commission shall designate the
31 
specific dates and places where those entitled to avail of early voting may cast their
32 
votes. The voting hours to be observed during early voting shall be similar to that
33 
prescribed for regular voting.
34 
SEC. 206. Voting period for postal early voting. - Senior citizens, persons
35 
with disabilities, pregnant women, and indigenous peoples, who have opted to avail
36 
of early postal voting may mail their duly filled out ballots through registered mail or
37 
through private couriers accredited by the Commission within such period as to
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ensure receipt thereof by the Ballot Reception and Custody Group concerned on or
2 
before the close of voting hours on election day.
3 
SEC. 207. Voting Hours for Persons Deprived of Liberty. - The casting of
4 
votes for Persons Deprived of Liberty shall be from seven o'clock in the morning until
5 
two o'clock in the afternoon on election day.
6 
SEC. 208. Manner of obtaining and preparing the ballots. -
7 
(A) Voters availing of early voting and voters who are deprived of liberty shall
8 
obtain and prepare their ballots in the same manner as that provided in the
9 
preceding Article. They shall likewise be entitled to the same assistance in
10 
preparing such ballots as those provided therein, whenever applicable.
11 
(B) Voters availing of postal early voting shall have their ballots delivered to them
12 
by registered mail or through private courier duly accredited by the
13 
Commission at the address indicated in their manifestation to avail of early
14 
voting by mail and they shall personally receive the ballots upon delivery:
15 
Provided, however, That they can pick up their ballots at the office of the city
16 
or municipal treasurer if they have so indicated such option in their
17 
manifestation to avail of early voting by mail.
18 
Along with the ballots, a set of instructions on how to fill-out such ballots and
19 
how to mail the same shall be included in the mailing packet received such
20 
voters. Such instructions shall be written in both English and Filipino. After
21 
filling-out their ballots, voters availing of postal early voting shall then
22 
promptly mail the same to the designated Ballot Reception and Custody
23 
Group, either through duly-accredited private couriers or through registered
24 
mail, in accordance with the instructions in their mailing packets.
25 
(C)Voters availing of Local Absentee Voting shall obtain their ballots and cast
26 
their votes in the manner that shall be set forth by the Commission. The
27 
Commission is hereby authorized to utilize a manual system of voting and
28 
counting of votes for local absentee voters.
29 
In the preparation of ballots, the voters mentioned in this Article shall be
30 
subject to the same prohibitions found in Section 194, whenever applicable.
31 
SEC. 209. Ballot Reception and Custody Group; Constitution and
32 
Appointment - The Commission, through the provincial election supervisor, shall
33 
constitute for each clustered precincts designated for postal early voting a Ballot
34 
Reception and Custody Group which shall be composed of three (3) members.
35 
The members of the Ballot Reception and Custody Group shall have the same
36 
qualifications and shall be subject to the same disqualifications as the members of
37 
the electoral board. In the appointment of the members of the Ballot Reception and
38 
Custody Group, the Commission shall observe the same preference for qualified,
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willing, and available public-school teachers as provided in Section 167 and,
2 
whenever there are no available public-school teachers, follow the order of
3 
preference in Section 168 of this Code shall be followed.
4 
Vacancies in the Ballot Reception and Custody Group shall be filled in the
5 
same manner as the filling of vacancies for the electoral board. The members of the
6 
Ballot Reception and Custody Group shall have the same voting privileges,
7 
honoraria, and other benefits as the members of the electoral board.
8 
SEC. 210. Functions of the Ballot Reception and Custody Group. - The Ballot
9 
Reception and Custody Group shall be responsible for receiving and safekeeping the
10 
ballots received through postal voting. The group shall likewise be responsible for
11 
turning over these ballots to the electoral boards concerned at the date, time, and
12 
place prescribed by the Commission for the counting of the votes.
13 
The Commission, with the recommendation of the provincial election
14 
supervisor, shall designate appropriate and secure spaces where ballots received by
15 
the Ballot Reception and Custody Group shall be stored prior to its delivery to the
16 
electoral boards concerned. The Commission shall implement stringent security
17 
measures to ensure that the storage areas of the filled ballots may be accessed only
18 
by the Ballot Reception and Custody Group and that the chain of custody of the
19 
ballots is easily and clearly established.
20 
The Ballot Reception and Custody Group shall perform such other functions as
21 
the Commission shall prescribe, consistent with the policy of preserving the integrity
22 
of the ballots received by mail.
23 
SEC. 211. Implementing rules and regulations. - The Commission shall
24 
promulgate the rules and regulations necessary to implement the provisions of this
25 
Article, consistent with the policy of ensuring the integrity of the ballots and the
26 
secrecy of the votes cast by the voters availing any of such modes of voting.
27
28 
Article 19
29 
Postponement of Voting and Failure of Elections
30 
SEC. 212. Postponement of Voting. - When for any serious cause such as
31 
violence, terrorism, loss or destruction of election paraphernalia or records, force
32 
majeure, and other analogous causes of such a nature that the holding of a free,
33 
orderly and honest election should become impossible in any political subdivision,
34 
the Commission, motu proprio or upon a verified petition by any interested party,
35 
and after due notice and hearing, whereby all interested parties are afforded equal
36 
opportunity to be heard, shall postpone the voting therein to a date which should be
37 
reasonably close to the election day not held but not later than thirty days after the
38 
cessation of the cause for such postponement.
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SEC. 213. Failure of election. - If, on account of force majeure, violence,
2 
terrorism, fraud, or other analogous causes the election in any polling place has not
3 
been held on the date fixed, or had been suspended before the hour fixed by law for
4 
the closing of the voting, or after the voting and during the preparation and the
5 
transmission of the election returns or in the custody or canvass thereof, such
6 
election results in a failure to elect, and in any of such cases the failure or
7 
suspension of election would affect the result of the election, the Commission shall,
8 
motu proprio, or upon a verified petition by any interested party and after due notice
9 
and hearing, call for the holding or continuation of the election not held, suspended
10 
or which resulted in a failure to elect on a date reasonably close to the date of the
11 
election not held, suspended or which resulted in a failure to elect but not later than
12 
thirty days after the cessation of the cause of such failure of elections.
13 
SEC. 214. Limit of the authority of the Commission. - Nothing in this section
14 
shall be understood as an authority for the Commission to fix the regular election for
15 
the President, Vice-President, Senators, and Members of the House of
16 
Representatives on any date other than the second Monday of May.
17
18 
CHAPTER V
19 
IN-COUNTRY COUNTING AND CANVASSING OF VOTES
20
21 
Article 20
22 
Counting of Votes
23 
SEC. 215. Counting Procedure. -The Commission shall prescribe the manner
24 
and procedure of counting the votes under the automated system and the manual
25 
counting system: Provided, That a separate election return shall be prepared
26 
showing the results of the manual counting of the ballots, which shall also be
27 
canvassed alongside the electronically transmitted and digitally signed election
28 
returns under the automated system: Provided further, That if there is a discrepancy
29 
of at least two percent (2%) of the total number of the votes cast between the
30 
results of the automated system and the manual counting system for any position,
31 
an automatic recount shall be undertaken for that position only: Provided further,
32 
That the Commission shall deploy sufficient number of technical personnel to assist
33 
the electoral board in such recount. A comparison shall be made between the
34 
digitally captured image of the ballot and the physical ballot itself before the recount
35 
to determine the root cause of the discrepancy and to ascertain the will of the
36 
voters. The result of the recount shall be reflected in the manually prepared election
37 
return which shall be considered, along with the unaffected electronically
38 
transmitted and digitally signed election returns, in determining the winning
39 
candidate for the subject position: Provided finally. That apart from the electronically
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stored result, twelve (12) copies of the election returns are printed and twelve (12)
2 
copies of the election return for the manual counting system shall be accomplished.
3 
SEC. 216. Counting to be public and without interruption. - As soon as the
4 
voting is finished, the electoral board shall publicly count in the polling place the
5 
votes cast and ascertain the results. The board may rearrange the physical set up of
6 
the polling place for the counting or perform any other activity with respect to the
7 
transition from voting counting. However, it may do so only in the presence of the
8 
watchers and within close view of the public. At all times, the ballot boxes and all
9 
election documents and paraphernalia shall be within close view of the watchers and
10 
the public.
11 
The electoral board shall not adjourn or postpone or delay the count until it
12 
has been fully completed, unless otherwise ordered by the Commission.
13 
The Commission, in the interest of free, orderly, and honest election, may
14 
authorize the electoral board to count the votes and to accomplish the election
15 
return and other forms prescribed under the code in any other place within a public
16 
building in the same municipality or 
city on account of imminent danger of
17 
widespread violence or similar causes of comparable magnitude: Provided, That the
18 
transfer shall been recommended in writing by the board of election inspectors by
19 
unanimous vote and endorsed in writing by the majority of watchers present:
20 
Provided further, that the said public building shall not located within the perimeter
21 
of or inside a military or police camp, reservation, headquarters, detachment or field
22 
office nor within the premises of a 
prison or detention bureau or any law
23 
enforcement or investigation agency.
24 
Any violation of this section, or its pertinent portion, shall constitute an
25 
election offense.
26 
SEC. 217. Livestreaming or video recording of the counting. - The
27 
Commission shall accredit groups who wish to livestream or record a video of the
28 
manual counting of votes at the precinct level.
29 
The recorded video or livestream may be used as evidence in electoral
30 
protests.
31 
No photo, recorded video, or livestream, whether official or unofficial, taken
32 
during election day of any member of the electoral board and any other personnel of
33 
the Commission performing election duties during election day shall be used to
34 
defame or publicly shame said member of the electoral board or personnel of the
35 
Commission in social media or in any other platform, digital or otherwise. Any
36 
violation of this paragraph shall constitute as an election offense under this Code.
37 
SEC. 218. Election Returns. - There shall be two sets of election returns. One
38 
shall be generated under the automated system which shall bear appropriate control
39 
marks to determine the time and place of printing. The other shall be under the
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manual counting system. The Commission shall design the features of such election
2 
returns.
3 
Each copy of both sets of election returns shall be signed by all the members
4 
of the electoral board and the watchers present. They shall likewise affix their
5 
thumbmarks thereto. If any member of the electoral board present refuses to sign,
6 
the chairperson of the board shall note the same in each copy of the printed and
7 
manually accomplished election returns. The member of the electoral board refusing
8 
to sign shall be compelled to explain his or her refusal to do so. Failure to explain
9 
the refusal or any unjustifiable refusal to sign each copy of the printed and manually
10 
accomplished election return by any member of the electoral board shall be
11 
punishable under this Code. The chairperson of the board shall then publicly read
12 
and announce the total number of registered voters, the total number of voters who
13 
actually voted, the total number of votes obtained by each candidate based on the
14 
election returns, whether there is a discrepancy between the results of the
15 
automated system and manual counting system, and the details of the said
16 
discrepancy, including the result of the recount, if any.
17 
Thereafter, the copies of the election returns shall be sealed and placed in the
18 
proper envelopes for distribution as follows:
19 
(a) In the election of president, vice-president, senators and party-list system:
20 
(l)The first copy shall be delivered to the city or municipal board of
21 
canvassers;
22 
(2) The second copy, to the Congress, directed to the President of the
23 
Senate;
24 
(3) The third copy, to the Commission;
25 
(4) The fourth copy, to the citizens' arm authorized by the Commission to
26 
conduct an unofficial count;
27 
(5) The fifth copy, to the dominant majority party as determined by the
28 
Commission in accordance with this Code;
29 
(6) The sixth copy, to the dominant minority party as determined by the
30 
Commission in accordance with this Code;
31 
(7) The seventh copy shall be deposited inside the compartment of the ballot
32 
box for valid ballots;
33 
(8) The eighth copy to the Provincial Board of Canvassers; and
34 
(9) The ninth to the twelfth copies, to national broadcast or print media
35 
entities as may be equitably determined by the Commission in view of
36 
propagating copies to the widest extent possible.
37 
(b) In the election of local officials and members of the House of Representatives:
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(1) The first copy shall be delivered to the city or municipal board of
2 
canvassers;
3 
(2) The second copy, to the Commission;
4 
(3) The third copy, to the provincial board of canvassers;
5 
(4) The fourth copy, to the citizens' arm authorized by the Commission to
6 
conduct an unofficial count;
7 
(5) The fifth copy, to the dominant majority party as determined by the
8 
Commission in accordance with this Code;
9 
(6) The sixth copy, to the dominant minority party as determined by the
10 
Commission in accordance with this Code;
11 
(7) The seventh copy shall be deposited inside the compartment of the ballot
12 
box for valid ballots;
13 
(8) The eighth copy to be posted conspicuously on a wall within the premises
14 
of the polling place or counting center; and
15 
(9) The ninth to the twelfth copies, to national broadcast or print media
16 
entities as may be equitably determined by the Commission in view of
17 
propagating copies to the widest extent possible.
18 
Immediately after all the copies are printed and completed, the poll clerk shall
19 
announce that the relevant copies for posting are being posted on a wall within the
20 
premises of the polling place or counting center, which must be sufficiently lighted
21 
and accessible to the public. Any person may view or capture an image of the
22 
election returns by means of any data capturing device such as, but not limited to,
23 
cameras at any time of the day for forty-eight (48) hours following its posting. After
24 
such period, the chairperson of the electoral board shall detach the election returns
25 
from the wall and keep the same in his custody to be produced as may be requested
26 
by any voter for image or data capturing or for any lawful purpose as may be
27 
ordered by competent authority.
28 
Within one hour after the printing and completion of the election returns, the
29 
chairperson of the electoral board or any official authorized by the Commission shall,
30 
in the presence of watchers and representatives of the accredited citizen's arm,
31 
political parties/candidates, if any, electronically transmit the precinct results under
32 
the automated system to the respective levels of board of canvassers, to the
33 
dominant majority and minority party, to the accredited citizen's arm, and to the
34 
Kapisanan ng mga Broadcasters ng Pilipinas (KBP). The election returns under the
35 
manual counting system shall be transmitted to the municipal or city board of
36 
canvassers.
37 
The election results at the city/municipality canvassing centers under the
38 
automated system shall be electronically transmitted while the election returns under
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the manual counting system shall be transmitted through the fastest means
2 
available by the election officer or any official authorized by the Commission to the
3 
district or provincial canvassing centers.
4 
The election returns transmitted electronically and digitally signed shall be
5 
considered as official election results and shall be used as the basis for the
6 
canvassing of votes and proclamation of a candidate: Provided, That in case of
7 
recount, as provided under Section 215, the manually accomplished election return
8 
subject of the recount shall be considered, along with the unaffected electronically
9 
transmitted and digitally signed election returns.
10 
SEC. 219. Board of election inspectors to issue a certificate of the number of
11 
votes polled by the candidates for an office to the watchers. - After the
12 
announcement of the results of the election and before leaving the polling place, it
13 
shall be the duty of the electoral board to issue a certificate of the number of the
14 
votes received by a candidate upon request of the watchers. All the members of the
15 
board of election inspectors shall sign the certificate.
16 
SEC. 220. Alterations and corrections in the election returns. - Any correction
17 
or alteration made in the manually accomplished election returns by the electoral
18 
board before the announcement of the results of the election in the polling place
19 
shall be duly initialed by all the members thereof. No correction or alteration shall be
20 
made in the printed election returns.
21 
After the announcement of the results of the election in the polling place has
22 
been made, the electoral board shall not make any alteration or amendment in any
23 
of the copies of the election returns unless so allowed under Section 243 of this
24 
Code or so ordered by the Commission upon petition of the members of the electoral
25 
board within five days from the date of the election or twenty-four hours from the
26 
time a copy of the election returns concerned is opened by the board of canvassers,
27 
whichever is earlier. The petition shall be accompanied by proof of service upon all
28 
candidates affected. If the petition is by all members of the electoral board and the
29 
results of the election would not be affected by said correction and none of the
30 
candidates affected objects thereto, the Commission, upon being satisfied of the
31 
veracity of the petition and of the error alleged therein, shall order the electoral
32 
board to make the proper correction on the manually accomplished election returns.
33 
However, if a candidate affected by said petition objects thereto, whether the
34 
petition is filed by all or only a majority of the members of the electoral board and
35 
the results of the election would be affected by the correction sought to be made,
36 
the Commission shall proceed summarily to hear the petition. In deciding the
37 
petition, the Commission shall take into account the certificates of votes, the first
38 
manual count, the manual recount, if any, and the automated count.
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SEC. 221. Delivery of ballot boxes, keys, supplies, documents and other
2 
election paraphernalia. - The Commission shall promulgate the necessary procedure
3 
on the packing, delivery, custody, and preservation of the ballots, ballot boxes, keys,
4 
supplies, documents, and other election paraphernalia after the results of the
5 
election in the polling place have been announced, ensuring that the integrity and
6 
sanctity of the ballots are safeguarded and its chain custody is clearly documented:
7 
Provided, That the ballots and ballot boxes shall be placed under the custody of the
8 
municipal or city treasurer: Provided further. That the voting records of each polling
9 
place including the certified voters list and the minutes of the proceedings of the
10 
electoral board shall be placed in the custody of the election officer who shall keep
11 
them in a safe place, until such time that the Commission shall give instructions on
12 
their disposal.
13 
SEC. 222. Documents and articles omitted or erroneously placed inside the
14 
ballot box. - If after the delivery of the keys of the ballot box to the proper
15 
authorities, 
the electoral board shall discover that some documents or articles
16 
required to be placed in the ballot box were not placed therein, the electoral board,
17 
instead of opening the ballot box in order to place therein said documents or
18 
articles, shall deliver the same to the Commission or its duly authorized
19 
representatives. In no instance shall the ballot box be reopened to place therein any
20 
document or article.
21 
SEC. 223. Minutes of voting and counting of votes. - The Commission shall
22 
prescribe a form that the electoral board shall prepare and sign in such number of
23 
copies as the Commission may require, setting forth the following matters:
24 
(a) The time the voting commenced and ended;
25 
(b)The serial numbers and ballot identification numbers of the official ballots
26 
(c)The serial numbers of the election returns, special envelopes and seals
27 
received;
28 
(d)The number of official ballots used and the number left unused;
29 
(e) The number of voters who cast their votes;
30 
(f) All challenges, oaths taken in relation thereto, and its decision in each case;
31 
(g) The names of the watchers present;
32 
(h)The time the counting of votes commenced and ended;
33 
(i) The number of official ballots found inside each compartment of the ballot
34 
box;
35 
(j) The number of excess ballots;
36 
(k) The time of electronic transmission of the results, whenever applicable;
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(I) The time the election returns were signed and sealed in their respective
2 
special envelopes;
3 
(m)The number and nature of protests made by watchers;
4 
(n)AII other matters required under this Code to be recorded by the electoral
5 
board; and
6 
(o) Such other matters as may be required by the Commission.
7 
Copies of this statement, after being duly accomplished, shall be sealed in
8 
separate envelopes and shall be distributed in accordance with the rules prescribed
9 
by the Commission: Provided, That the election officer shall be given a copy thereof:
10 
Provided further. That one copy shall be deposited inside the ballot box.
11
12 
Article 21
13 
Canvassing of Votes
14 
SEC. 224. Board of canvassers. - Composition of the Board of Canvassers. -
15 
There shall be a Board of Canvassers to be appointed by the Commission in each
16 
municipality, city, district, province, and in the Bangsamoro Autonomous Region in
17 
Muslim Mindanao (BARMM).
18 
(a) Municipal Board of Canvassers. - The Municipal Board of Canvassers shall be
19 
composed of the Municipal Election Officer or a representative of the
20 
Commission holding a permanent appointment, as Chairperson; the Municipal
21 
Treasurer, as Vice-Chairperson; and the District School Supervisor, or in the
22 
absence of the latter, the most senior in rank Principal of the school district,
23 
duly designated as such by the District Supervisor as Member-Secretary.
24 
(b) City Board of Canvassers- The City Board of Canvassers shall be composed of
25 
the City Election Officer or a lawyer of the Commission holding permanent
26 
appointment, as Chairperson; the City Prosecutor, as Vice-Chairperson; and
27 
the Schools Division Superintendent, as Member-Secretary.
28 
In cities within the National Capital Region and other highly urbanized cities
29 
with more than one (1) City Election Officer, the Regional Election Director
30 
(RED) shall designate the City Election Officer who shall act as Chairperson.
31 
In cities outside the National Capital Region and with more than one City
32 
Election Officer, the Provincial Election Supervisor shall designate the City
33 
Election Officer who shall act as Chairperson.
34 
(c) District Board of Canvassers for the Legislative District of Taguig-Pateros. -
35 
The District Board of Canvassers for the legislative district of Taguig-Pateros
36 
shall be composed of the City Election Officer or a lawyer of the Commission
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1 
holding permanent appointment, as Chairperson; the City Prosecutor, as Vice-
2 
Chairperson; and the Schools Division Superintendent, as Member-Secretary.
3 
(d) Provincial Board of Canvassers. - The Provincial Board of Canvassers shall be
4 
composed of the Provincial Election Supervisor or a lawyer of the Commission
5 
holding permanent appointment, as Chairperson; the Provincial Prosecutor, as
6 
Vice-Chairperson; and the Schools Division Superintendent, as Member-
7 
Secretary.
8 
(e) Regional Board of Canvassers for the Autonomous Regions.- The Regional
9 
Board of Canvassers shall be composed of the Assistant Regional Election
10 
Director or a lawyer of the Commission holding permanent appointment, as
11 
Chairperson; the Regional State Prosecutor or, if not available, the highest-
12 
ranking official of the Department of Justice in the region as Vice-
13 
Chairperson; and the highest-ranking official of the Department of Education
14 
as Member-Secretary.
15 
SEC. 225. Information Technology Support for the Board of Canvassers and
16 
Support Staff. - Each Board of Canvassers shall be assisted by an information
17 
technology-capable person authorized to operate the equipment adopted for the
18 
elections. The Commission shall deputize information technology personnel from
19 
among the agencies and instrumentalities of the government including government-
20 
owned and controlled corporations.
21 
In addition, the Commission shall appoint such support personnel as may be
22 
necessary to assist the board of canvassers in the performance of its duties. The
23 
information technology support personnel and other support personal of the Board
24 
of Canvassers shall be subject to the same qualifications and disqualifications as the
25 
members of the Board of Canvassers. The per diem of the deputized information
26 
technology personnel shall be the same as that of the members of the board of
27 
canvassers while that of the other support personnel shall be determined by the
28 
Commission and shall be in such amount as may be reasonable under the
29 
circumstances.
30 
SEC. 226. Reception and Custody Group. - Each Board of Canvassers shall
31 
constitute a Reception and Custody Group for the reception and safekeeping of the
32 
vote counting device or machine and its related equipment or devices, the
33 
canvassing machine or device and other documents intended for the Board of
34 
Canvassers. There shall be one (1) Reception and Custody Group for every Board of
35 
Canvassers.
36 
The Reception and Custody Group shall be composed of three (3) members
37 
who are government appointive officials holding permanent appointments. They
38 
shall be designated by the concerned Chairperson of the BOC. The Commission shall
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1 
determine the honorarium of the members of the Reception and Custody Group:
2 
Provided, That such amount is just and reasonable under the circumstances.
3 
The Reception and Custody Group members shall not be related within the
4 
fourth civil degree of consanguinity or affinity to each other or to the Chairperson or
5 
any member of the Board of Canvassers, the Information Technology Support
6 
Personnel, members of the support staff of the Board of Canvassers, or to any
7 
candidate or party-list group nominee whose votes will be canvassed by the Board of
8 
Canvassers or to such candidate's or nominee's spouse.
9 
In no case shall local government employees be appointed or designated as
10 
members of the Reception and Custody Group. In cities with more than one (1)
11 
legislative district, one (1) Reception and Custody Group for every legislative district
12 
may be constituted.
13 
SEC. 227. Prohibited Degree of Reiationship. - The Chairperson and Members
14 
of the Board of Canvassers shall not be related within the fourth civil degree of
15 
consanguinity or affinity to each other, the information technology support
16 
personnel, the members of the Reception and Custody Group, other support
17 
personnel, or to any candidate or nominee of a party-list group whose votes will be
18 
canvassed by said Board of Canvassers or such candidate's or nominee's spouse.
19 
SEC. 228. Prohibition against leaving official station. - Beginning on their
20 
appointment as member or substitute member of the board of canvassers until the
21 
official proclamation of the winning candidates or the end of the election period,
22 
whichever comes earlier, no member or substitute member of the different boards of
23 
canvassers shall be transferred, assigned or detailed outside of his or her official
24 
station, nor shall he leave said station without prior authority of the Commission.
25 
SEC. 229. Feigned illness. - Any member of the board of canvassers feigning
26 
illness in order to be substituted on election day or on any day thereafter until the
27 
proclamation of the winning candidates shall be guilty of an election offense.
28 
SEC. 230. Vote required. - A majority vote of all the members of the board of
29 
canvassers shall be necessary to render a decision.
30 
SEC. 231. Incapacity and Substitution of a member of the Board of
31 
Canvassers. - In case of sickness or serious injury of a regular Member of the Board
32 
of Canvassers, a medical certificate duly issued by any government hospital, shall be
33 
required attesting to the incapacity of said Member. Said medical certificate shall be
34 
recorded in and form part of the Minutes of the Board of Canvassers.
35 
In case of non-availability, absence, disqualification due to relationship, or
36 
incapacity for any cause of the Chairperson or Members of the Board of Canvassers,
37 
the following shall appoint the substitute:
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1 
(l)The Provincial Election Supervisor, for the City Board of Canvassers and
2 
Municipal Board of Canvassers in the province.
3 
(2)The Regional Election Director, for the Provincial Board of Canvassers in the
4 
region.
5 
(3) The Regional Election Director of National Capital Region, for the District
6 
Board of Canvassers, City Board 
of Canvassers, and Municipal Board of
7 
Canvassers in the region.
8 
In the interest of ensuring an orderly and credible elections, and under special
9 
circumstances, the Commission may designate other election officials, who hold a
10 
rank equal to, or higher than, those enumerated above, to appoint the substitute of
11 
the chairperson and members of the Board of Canvassers in a particular
12 
municipality, city, district, or province.
13 
In case of substitution of the Chairperson of the Provincial Board of
14 
Canvassers/City Board of Canvassers, 
an official or lawyer with permanent
15 
appointment of the Commission shall be appointed. In case of Municipal Board of
16 
Canvassers, a representative of the Commission holding permanent appointment
17 
shall be appointed.
18 
With respect to the other members of the Board of Canvassers, the following
19 
shall be appointed as substitute in the following order of preference:
20 
In the case of the Provincial Board of Canvassers:
21 
(l)The Provincial Auditor;
22 
(2) The Register of Deeds;
23 
(3) The Clerk of Court nominated by the Executive Judge of the Regional Trial
24 
Court; and
25 
(4) Any other available appointive provincial official.
26 
In the case of the City Board of Canvassers, the officials in the city
27 
corresponding to those enumerated above.
28 
In the absence or disqualification of the Vice-Chairperson of the Municipal
29 
Board of Canvassers:
30 
(1) The Municipal Administrator;
31 
(2) The Municipal Assessor;
32 
(3) The Clerk of Court of the Municipal Trial Court; or
33 
(4) Any other available appointive municipal officials.
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1 
As substitute of the two (2) members of the District Board of Canvassers of
2 
Taguig-Pateros, the next ranking prosecutor or schools division superintendent in
3 
the district, as the case may be, shall be appointed.
4 
All appointments for substitution shall be in writing, stating therein the reason
5 
or reasons for the substitution. Within twenty-four (24) hours from the issuance of
6 
the appointment, the issuing authority shall furnish copies of the appointment to
7 
Commission and to the appointee.
8 
SEC. 232. Supervision and control over board of canvassers. - The
9 
Commission shall have direct control and supervision over the board of canvassers.
10 
Any member of the board of canvassers may, at any time, be relieved for
11 
cause and substituted motu proprio by the Commission.
12 
SEC. 233. Notice of meeting of the board of canvassers. - At least five days
13 
before the meeting of the board of canvassers, the chairperson of the board shall
14 
give a written notice to all members thereof and to each candidate, political party or
15 
coalition of political parties fielding candidates, and parties, organizations, and
16 
coalitions under the party-list system of the date, time and place of the meeting.
17 
Notices of the canvassing shall be posted at the Office of the Election Officer,
18 
Office of the Provincial Election Supervisor, Office of the Regional Election Director,
19 
and in three (3) conspicuous places in the building where the canvass will be held.
20 
Similar notices shall also be given for subsequent meetings unless notice has
21 
been issued in open session of the BOC. Proof of service of the written notice to
22 
each member, candidate, political party and party-list groups shall be attached in the
23 
Minutes and form part of the records of the proceedings. If notice is given in open
24 
session such fact shall be recorded in the Minutes of the proceedings.
25 
Failure to give notice of the date, time, and place of the meeting of the Board
26 
is an election offense.
27 
SEC. 234. Canvassing by Provincial, City, District, and Municipal Boards of
28 
Canvassers. - The city or municipal board of canvassers shall canvass the votes for
29 
the president, vice-president, senators, members of the House of Representatives,
30 
elective regional officials, if applicable, elective provincial officials, and elective city
31 
or municipal officials, as the case may be, by consolidating the electronically
32 
transmitted results or the results contained in the data storage devices used in the
33 
printing of the election returns under the automated system and the election returns
34 
under the manual counting system. Upon completion of the canvass, it shall print
35 
and complete the certificate of canvass of votes for president, vice-president,
36 
senators, members of the House of Representatives, elective regional officials, if
37 
applicable, and elective provincial officials and thereafter, proclaim the elected city
38 
or municipal officials, as the case may be.
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1 
The city board of canvassers of cities comprising one or more legislative
2 
districts shall canvass the votes for president, vice-president, senators, members of
3 
the House of Representatives, elective regional officials, if applicable, and elective
4 
city officials by consolidating the certificates of canvass electronically transmitted or
5 
the results contained in the data storage devices used in the printing of the election
6 
returns under the automated system and the certificate of canvass under the manual
7 
counting system. Upon completion of the canvass, the board shall produce the
8 
certificate of canvass of votes for president, vice-president, senators, party-list
9 
representatives, elective regional officials, if applicable, and thereafter, proclaim the
10 
elected members of the House of Representatives for such district or districts and
11 
city officials.
12 
The legislative districts of Taguig-Pateros shall have a District Board of
13 
Canvassers which shall canvass the votes for president, vice-president, senators, and
14 
members of the House of Representatives by consolidating the results electronically
15 
transmitted from the city/municipal consolidating centers or the results contained in
16 
the data storage devices under the automated system and certificate of canvass
17 
under the manual counting system submitted by the board of canvassers of the
18 
Municipality of Pateros and the City of Taguig. Upon completion of the canvass, it
19 
shall produce the certificates of canvass for president, vice president, senators, and
20 
party-list representatives and thereafter, proclaim the elected members of the House
21 
of Representatives representing the Taguig-Pateros legislative districts.
22 
The provincial board of canvassers shall canvass the votes for president, vice-
23 
president, senators, members of the House of Representatives, elective provincial
24 
officials, and, if applicable, elective regional officials, by consolidating the results
25 
electronically transmitted from the city/municipal consolidating centers or the results
26 
contained in the data storage devices under the automated system and certificate of
27 
canvass under the manual counting system submitted by the board of canvassers of
28 
the municipalities and component cities. Upon completion of the canvass, it shall
29 
produce the certificates of canvass for president, vice president, senators, party-list
30 
representatives, and elective regional officials, if applicable, and thereafter, proclaim
31 
the elected members of the House of Representatives representing the legislative
32 
districts in the province and the provincial officials.
33 
Whenever applicable, the regional board of canvassers of autonomous regions
34 
shall canvass the votes for president, vice-president, senators, party-list
35 
representatives and the elective regional officials by consolidating the results
36 
electronically transmitted from the provincial canvassing centers and from the city
37 
canvassing centers, in case of cities comprising one or more legislative districts, or
38 
the results contained in the data storage devices under the automated system and
39 
certificate of canvass under the manual counting system submitted by the board of
40 
canvassers of the provinces or cities comprising one or more legislative district. Upon
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1 
completion of the canvass, it shall produce the certificates of canvass for president,
2 
vice president, senators, and party-list representatives, and thereafter, proclaim the
3 
elected regional officials.
4 
The municipal, city, district, provincial, and, whenever applicable, regional
5 
certificates of canvass of votes shall each be supported by a statement of votes.
6 
Within one hour after the canvassing, the chairperson of the district or
7 
provincial board of canvassers or the city board of canvassers of those cities which
8 
comprise one or more legislative districts or the regional board of canvassers shall
9 
electronically transmit the certificate of canvass under the automated system to the
10 
Commission sitting as the national board of canvassers for senators and party-list
11 
representatives and to the Congress as the National Board of Canvassers for the
12 
president and vice-president, directed to the President of the Senate. Thereafter, the
13 
Certificate of Canvass under the manual system shall also be transmitted, through
14 
the fastest means available, to the same national board of canvassers.
15 
The Commission shall adopt adequate and effective measures to preserve the
16 
integrity of the certificates of canvass transmitted electronically and the results in
17 
the storage devices at the various levels of the boards of canvassers.
18 
The certificates of canvass transmitted electronically and digitally signed shall
19 
be considered as official election results and shall be used as basis for the
20 
proclamation of a winning candidate: Provided, That in case of recount, as provided
21 
under Section 215, the Commission shall devise a system where the result of the
22 
recount for the affected position will work to adjust the result of the said certificate
23 
of canvass for the said position in the process of proclaiming a winning candidate
24 
and without changing the entries in the said electronically transmitted and digitally
25 
signed certificate of canvass.
26 
SEC. 235. Number of Copies of Certificates of Canvass of Votes and their
27 
distribution. -
28 
(a) The certificates of canvass of votes under the automated system and under
29 
the manual counting system, respectively, for president, vice-president,
30 
senators, members of the House of Representatives, parties, organization or
31 
coalitions participating under the party-list system, elective regional officials,
32 
and elective provincial officials shall be produced by the city or municipal
33 
board of canvassers and distributed as follows:
34 
(1) The first copy shall be delivered to the provincial board of canvassers for
35 
use in the canvass of election results for president, vice-president,
36 
senators, members of the House of Representatives, parties,
37 
organization or coalitions participating under the party-list system and
38 
elective provincial officials;
39 
(2) The second copy shall be sent to the Commission;
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8
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10
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14
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18
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22
23
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25
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(3) The third copy shall be kept by the chairperson of the board; and
(4) The fourth copy shall be given to the citizen arm designated by the 
Commission to conduct an unofficial count. It shall be the duty of the 
citizens' arm to furnish independent candidates' copies of the certificate 
of canvass at the expense of the requesting party.
(5) The fifth copy to Congress, directed to the President of Senate;
(6) The sixth copy to be posted on a wall within the premises of the 
canvassing center;
(7) The seventh and eighth copies shall be given to the dominant majority 
and minority parties; and
(8) The ninth to twelfth copies, to national broadcast or print media entities 
as may be equitably determined by the Commission in view of 
propagating the copies to the widest extent possible.
The board of canvassers shall furnish all other registered parties copies of the 
certificates of canvass at the expense of the requesting party.
(b) The certificates of canvass of votes for president, vice-president and senators, 
parties, organization or coalitions participating under the party-list system 
shall be produced by the city boards of canvassers of cities comprising one or 
more legislative districts, by provincial boards of canvassers, by district boards 
of canvassers in the Metro Manila area and other highly urbanized areas, and 
by the regional board of canvassers, whenever applicable, and shall be 
distributed as follows:
(1) The first copy shall be sent to Congress, directed to the president of the 
Senate for use in the canvass of election results for president and vice- 
president;
(2) The second copy shall be sent to the Commission for use in the canvass 
of the election results for senators;
(3) The third copy shall be kept the chairperson of the board; and
(4) The fourth copy shall be given to the citizens' arm designated by the 
Commission to conduct an unofficial count. It shall be the duty of the 
citizens' arm to furnish independent candidates copies of the certificate 
of canvass at the expense of the requesting party.
(5) The fifth copy to Congress, directed to the President of the Senate;
(6) The sixth copy to be posted on a wall within the premises of the 
canvassing center;
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1 
(7) The seventh and eight copies to the dominant majority and minority
2 
parties; and
3 
(8) The ninth to twelfth copies to broadcast media entities as may be
4 
equitably determined by the Commission in view of propagating the
5 
copies to the widest extent possible.
6 
The board of canvassers shall furnish all other registered parties' copies of the
7 
certificate of canvass at the expense of the requesting party.
8 
(c) The certificates of canvass printed and completed by the regional, provincial,
9 
district, city or municipal boards of canvassers shall be signed and thumb
10 
marked by the chairman and members of the board and the principal
11 
watchers, if available. Thereafter, it shall be sealed and placed inside an
12 
envelope which shall likewise be properly sealed.
13 
In all instances, where the board of Canvassers has the duty to furnish
14 
registered political parties with copies of the certificate of canvass, the pertinent
15 
election returns shall be attached thereto, where appropriate.
16 
Immediately after the sixth copy and its supporting statement of votes are
17 
printed, the chairman of the board of canvassers shall announce the posting of said
18 
prints on a wall within the premises of the canvassing center, which must be
19 
sufficiently lighted and accessible to the public. Any person may view or capture an
20 
image of the Certificate of Canvass or the supporting statement of votes by means
21 
of any data capturing device such as, but not limited to, cameras at any time of the
22 
day for forty-eight (48) hours following the posting. After such period, the chairman
23 
of the board of canvassers shall detach the certificates of canvass from the wall and
24 
keep the same in his custody to be produced as may be requested by any voter for
25 
image or data capturing or for any lawful purpose as may be ordered by competent
26 
authority.
27 
SEC. 236. National Board of Canvassers for Senators and Party-List
28 
Representatives. - The chairperson and members of the Commission on Election
29 
sitting en banc, shall compose the national board of canvassers for senators and
30 
party-list representatives. It shall canvass the results by consolidating the certificates
31 
of canvass electronically transmitted under the automated system and the
32 
transmitted certificate of canvass under the manual counting system. Thereafter, the
33 
national board shall proclaim the winning candidates for senators and party-list
34 
representatives.
35 
SEC. 237. Congress as the National Board of Canvassers for President and
36 
Vice-President - The Senate and the House of Representatives in joint public session
37 
shall compose the national board of canvassers for president and vice-president. The
38 
certificate of canvass for president and vice-president duly certified by the board of
39 
canvassers of each province or city, shall be electronically transmitted, in case of the
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1 
automated system, and manually delivered, in the case of the manual counting
2 
system, to the Congress, directed to the president of the Senate. Upon receipt of the
3 
certificates of canvass, the President of the Senate shall, not later than thirty (30)
4 
days after the day of the election, open all the certificates in the presence of the
5 
Senate and the House of representatives in joint public session and the Congress
6 
upon determination of the authenticity and the due execution thereof in the manner
7 
provided by law, canvass all the results for president and vice-president and
8 
thereafter, proclaim the winning candidates.
9 
SEC. 238. Determination of Authenticity and Due Execution of Certificates of
10 
Canvass. - Congress or the Commission en banc, as the case may be, shall
11 
determine the authenticity and due execution of the certificates of canvass, as
12 
accomplished and transmitted to it by the local boards of canvassers, on a showing
13 
that: (1) each certificate of canvass was executed, signed and thumbmarked by the
14 
chairman and member of the board of canvassers and transmitted or caused to be
15 
transmitted to Congress by them; (2) each certificate of canvass contains the names
16 
of all of the candidates for president and vice - president or senator and the party-
17 
list groups, as the case may be, and their corresponding votes in words and their
18 
corresponding votes in words and in figures; (3) there exists no discrepancy in other
19 
authentic copies of the document such as statement of votes of any of its supporting
20 
document such as statement of votes by city/municipality/by precinct or discrepancy
21 
in the votes of any candidate in words and figures in the certificate; and (4) there
22 
exist no discrepancy in the votes of any candidate in words and figures in the
23 
certificates of canvass against the aggregate number of votes appearing in the
24 
election returns of precincts covered by the certificate of canvass: Provided, That
25 
certified print copies of election returns or certificates of canvass may be used for
26 
the purpose of verifying the existence of the discrepancy.
27 
When the certificate of canvass, duly certified by the board of canvassers of
28 
each province, city, district, or autonomous region, appears to be incomplete, the
29 
Senate President or the Chairman of the Commission, as the case may be, shall
30 
require the board of canvassers concerned to transmit by personal delivery, the
31 
election returns from polling places that were not included in the certificate of
32 
canvass and supporting statements. Said election returns shall be submitted by
33 
personal delivery within two (2) days from receipt of notice.
34 
When it appears that any certificate of canvass or supporting statement of
35 
votes by city/municipality or by precinct bears erasures or alterations which may cast
36 
doubt as to the veracity of the number of votes stated herein and may affect the
37 
result of the election, upon request of the presidential, vice-presidential senatorial
38 
candidate, or his party, or the party-list group concerned. Congress or the
39 
Commission en banc, as the case may be, shall, for the sole purpose of verifying the
40 
actual number of votes cast for President and Vice-President, senator or the party-
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1 
list system, count the votes as they appear in the copies of the election returns
2 
submitted to it.
3 
In case of any discrepancy, incompleteness, erasure or alteration as
4 
mentioned above, the procedure on pre-proclamation controversies shall be adopted
5 
and applied as provided in this Code.
6 
Any person who presents in evidence a simulated copy of an election return,
7 
certificate of canvass or statement of votes, or a printed copy of an election return,
8 
certificate of canvass or statement of votes bearing a simulated certification or a
9 
simulated image, shall be guilty of an election offense.
10 
SEC. 239. Communication Channeis for Eiectronic Transmission. - All
11 
electronic transmission of the election returns, certificates of canvass and its
12 
supporting statements, and other related documents shall utilize secure transmission
13 
channels with the following minimum security objectives:
14 
(a) Strong authentication- each entity in the communications channel must prove
15 
its identity to the other by demonstrating knowledge of a key associated with
16 
the entity without revealing the key itself during the protocol;
17 
(b) Manual entity authentication;
18 
(c) Data origin authentication;
19 
(d) Data integrity;
20 
(e) Non-reputation of origin;
21 
(f) Anti-replay- an election return or certificate of canvass once processed cannot
22 
be resent to be reprocessed at a later time. In case of re-transmission, the
23 
Board of Canvassers should authenticate themselves to the receiving
24 
computer, and authorize the non-processing of the previous transmission/s to
25 
receive the new transmission. Both election returns or certificates of canvass
26 
or any election result shall be kept in the system for record-keeping; and
27 
(g) Auditability of transmission post-election- all records of transmission saved on
28 
all the servers shall be stored and copies furnished the Joint Congressional
29 
Oversight Committee on the Hybrid Election System and Department of
30 
Information and Technology in its original entirety. The Commission shall
31 
digitally sign said copies and certify under oath as to its authenticity and
32 
integrity.
33 
The Commission is hereby authorized to procure the necessary equipment,
34 
facilities, and services for putting up the electronic transmission system in order to
35 
effectively implement the provisions of this Code.
36 
The aggregator for the purpose of transmission should not be the same as
37 
the supplier of the machines used for the automated election system.
14


1 
SEC. 240. Safekeeping of the physical copies of election returns or
2 
certificates of canvass and the devices containing such documents. - After
3 
canvassing or consolidation of results by the board of canvassers, it shall place the
4 
election returns, certificates of canvass, and electronic storage devices containing
5 
such documents, which are designated to be kept by the board of canvassers
6 
concerned or by such board's chairperson in ballot boxes that shall be locked with
7 
three (3) padlocks and one serially-numbered self-locking seal. The Members of the
8 
Board of Canvassers shall each keep a key to the three (3) padlocks. The serial
9 
number of every seal used shall be entered in the Minutes.
10 
The said ballot boxes shall be kept in a safe and secured room before, during
11 
and after the canvass. The door to the room shall be locked with three (3) padlocks
12 
with the keys thereof kept by each Member of the Board of Canvassers.
13 
The watchers shall have the right to guard the room.
14 
SEC. 241. Persons not allowed inside the canvassing venue. - During the
15 
canvass, it shall be unlawful for the following persons to enter the canvassing venue
16 
where the transmission, consolidation and canvass are being held or to stay within a
17 
radius of fifty (50) meters from such canvassing venue:
18 
(1) Any officer or member of the Armed Forces of the Philippines;
19 
(2) Any officer or member of the Philippine National Police;
20 
(3) Any peace officer or any armed or unarmed persons belonging to an extra-
21 
legal police agency, special forces, strike forces, or Civilian Armed Force
22 
Geographical Units (CAFGU), or its equivalent;
23 
(4) Any barangay tanod or any member of barangay self-defense units;
24 
(5) Any member of the security or police organizations of government agencies,
25 
commissions, councils, bureaus, offices, instrumentalities, or government-
26 
owned or controlled corporations or their subsidiaries; or
27 
(6) Any member of a privately-owned or operated security, investigative,
28 
protective or intelligence agency performing identical or similar functions.
29 
However, the Board of Canvassers may, whenever necessary, by majority
30 
vote, direct in writing for the detail of police officers or peace officers for their
31 
protection or for the protection of the machines, election documents and
32 
paraphernalia, or for the maintenance of peace and order, in which case said police
33 
officers or peace officers, who shall be in proper uniform, shall stay outside the room
34 
but near enough to be easily called by the Board of Canvassers at any time.
35 
SEC. 242. When the election returns are delayed, lost or destroyed. - In case
36 
its copy of the election returns is missing, the board of canvassers shall, by
37 
messenger or otherwise, obtain such missing election returns from the board of
38 
election inspectors concerned, or if said returns have been lost or destroyed, the
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1 
board of canvassers, upon prior authority of the Commission, may use any of the
2 
authentic copies of said election returns or a certified copy of said election returns
3 
issued by the Commission, and forthwith direct its representative to investigate the
4 
case and immediately report the matter to the Commission.
5 
The board of canvassers, notwithstanding the fact that not all the election
6 
returns have been received by it, may terminate the canvass and proclaim the
7 
candidates elected on the basis of the available election returns if the missing
8 
election returns will not affect the results of the election.
9 
SEC. 243. Material defects in the election returns. - If it should clearly
10 
appear that some requisites in form or data had been omitted in the election returns
11 
for the manual count or manual recount, the Board of Canvassers shall call for all
12 
the members of the board of the electoral board concerned by the most expeditious
13 
means, for the same board to effect the correction and thereafter affix their initials
14 
therein: Provided, That if the omission in the election returns pertains to the votes of
15 
a candidate or candidates and the result of the manual count cannot be ascertained
16 
by other means except by recounting the ballots, the Commission, after satisfying
17 
itself that the identity and integrity of the ballot box have not been violated, shall
18 
order the electoral board to open the ballot box, and, also after satisfying itself that
19 
the integrity of the ballots therein has been duly preserved, order the board of
20 
electoral board to recount the votes for the candidate or candidates whose votes
21 
have been omitted with notice thereof to all candidates for the position involved and
22 
thereafter complete the returns.
23 
The right of a candidate to avail of this provision shall not be lost or affected
24 
by the fact that an election protest is subsequently filed by any of the candidates.
25 
SEC. 244. When election returns appear to be tampered with or falsified. - If
26 
the election returns that is submitted to the board of canvassers appear to be
27 
tampered with, altered or falsified after they have left the hands of the electoral
28 
board, or otherwise not authentic, or were prepared by the electoral board under
29 
duress, force, intimidation, or prepared by persons other than the member of the
30 
eiectoral board, the certificate of votes shall be the primary evidence to prove
31 
tampering, alteration, falsification or any anomaly committed in the election returns
32 
concerned, when duly authenticated by testimonial or documentary evidence
33 
presented to the board of canvassers by at least two members of the electoral board
34 
who issued the certificate: Provided, That upon a showing that the electoral board
35 
failed to issue said certificates or that such certificates were prepared under duress,
36 
other evidence of tampering, alteration, or falsification, or any anomaly, as may be
37 
admissible in the Rules of Court, may be resorted to.
38 
SEC. 245. Discrepancies in election returns. - In case it appears to the board
39 
of canvassers that there exists discrepancies in the other authentic copies of the
40 
election returns or discrepancies in the votes of any candidate in words and figures
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1 
in the same return, and in either case the difference affects the results of the
2 
election, the Commission shall, upon motion of the board of canvassers or by any
3 
affected candidate and after due notice to all candidates concerned, summarily
4 
determine the true result of the counting of votes using the certificates of votes:
5 
Provided, That in case there is proof that the electoral board concerned failed to
6 
issue aforesaid certificates or that such certificates were issued under duress, the
7 
Commission may base its determination on other pieces of evidence: Provided
8 
further, That in case there is no other means of determining the true results of the
9 
counting, the Commission shall proceed summarily to determine whether the
10 
integrity of the ballot box had been preserved, and once satisfied thereof shall order
11 
the opening of the ballot box to recount the votes cast in the polling place solely for
12 
the purpose of determining the true result of the count of votes of the candidates
13 
concerned.
14 
SEC. 246. Failure of the electoral board to conduct a manual recount - If it
15 
appears from the election returns that the electoral board should have conducted a
16 
manual recount, as provided under Section 215 of this Code, the Commission shall,
17 
upon motion of the Board of Canvassers or any affected party, order the electoral
18 
board concerned to conduct a manual recount. If the failure of the electoral board to
19 
conduct a recount is due to errors in the tabulation in the election returns, the
20 
Commission shall order the correction of the election returns and the conduct of a
21 
manual recount.
22 
Deliberate failure or refusal of the Electoral Board to conduct a recount as
23 
provided under Section 215 of this Code shall constitute an election offense.
24 
SEC. 247. Canvass of remaining or unquestioned returns to continue. - In
25 
cases where there are questioned election returns, the board of canvassers shall
26 
continue the canvass of the remaining or unquestioned election returns. If, after the
27 
canvass of all the said returns, it should be determined that the returns which have
28 
been set aside will affect the result of the election, no proclamation shall be made
29 
except upon orders of the Commission after due notice and hearing. Any
30 
proclamation made in violation hereof shall be null and void.
31 
SEC. 248. Watchers; Qualifications and Disqualifications; Rights and Duties. -
32 
Each registered political party, or coalition of political parties fielding candidates,
33 
accredited political parties, party-list groups, and every candidate, shall be entitled
34 
to one watcher in every canvassing center: Provided, That the candidates for the
35 
Sangguniang Bayan, Sangguniang Panlungsod, or Sangguniang Panlalawigan
36 
belonging to the same slate or ticket shall collectively be entitled to only one
37 
watcher. The duly accredited citizens' arm, or other organizations with prior
38 
authority of the Commission, shall be entitled to two (2) watchers to serve
39 
alternately.
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1 
If the space in a canvassing center reserved for watchers is insufficient,
2 
preference shall be given to the watchers of the dominant majority and dominant
3 
minority parties, as determined by the Commission, and the duly accredited citizens'
4 
arm.
5 
No person shall be appointed as a watcher unless said person: (a) is a
6 
registered voter of the city or municipality; (b) is of good moral character; (c) has
7 
not been convicted by final judgement of any election offense or of any other crime;
8 
(d) knows how to read and write Filipino, English or the prevailing local dialect; and
9 
(e) is not related within the fourth (4th) civil degree of consanguinity or affinity to
10 
any member of the Board of Canvassers, the Information Technology Support
11 
Personnel, members of the Reception and Custody Group, and other support
12 
personnel of the Board of Canvassers.
13 
Upon entering the canvassing venue, the watchers shall present to the
14 
Chairperson of the Board of Canvassers their appointments, and proof that they are
15 
registered voters of the city or municipality where they are assigned. Their names
16 
shall be recorded in the Minutes with a notation under their signatures that they are
17 
not disqualified to serve as such under the immediately preceding paragraph.
18 
The watchers shall have the right to:
19 
(a) Be present at, and take note of, all the proceedings of the Board of
20 
Canvassers;
21 
(b) Stay at the designated watchers' area; and
22 
(c) File a protest in writing, against any irregularity noted in the
23 
consolidation/canvass of 
the election 
returns/certificates of canvass and
24 
obtain from the Board of Canvassers a resolution thereon in writing.
25 
Watchers shall not be allowed to 
participate in the deliberation and
26 
proceedings of the Board of Canvassers.
27
28 
Article 22
29 
Proclamation
30 
SEC. 249. Proclamation of the President-elect and Vice-President-elect -
31 
Upon the completion of the canvass of the votes by the Congress, the persons
32 
obtaining the highest number of votes for President and for Vice-President shall be
33 
proclaimed elected. In case two or more shall have an equal and the highest number
34 
of votes, one of them shall forthwith be chosen by the vote of a majority of all the
35 
Members of both Houses of the Congress, voting separately.
36 
SEC. 250. Proclamation of the Senators and Party-iist Representatives. -
37 
Upon the completion of the canvass by the Commission en banc, the qualified


1 
candidates corresponding to the number of Senators to be elected who receive the
2 
highest number of votes shall be proclaimed.
3 
The nominees of the national or regional political party, coalition of political
4 
parties, sectoral party or organization participating in party-list election, in
5 
accordance with the number of seats allocated for the particular party, organization
6 
or coalition, and strictly in the order of the list of nominees submitted by them to the
7 
Commission, shall be proclaimed,
8 
SEC. 251. Proclamation of District Representatives and Local Officials. - Upon
9 
the completion of canvass by the city, municipal, provincial, or district board of
10 
canvassers, the qualified candidate receiving the highest number of votes for the
11 
position of governor, vice-governor, mayor, vice-mayor, or member of the House of
12 
Representatives, as the case may be, shall be proclaimed.
13 
In the case of the position of member of the Sangguniang Panlalawigan,
14 
Sangguniang Panlungsod, Sangguniang Bayan or, whenever applicable, of the
15 
regional parliament, the qualified candidates corresponding to the number of
16 
members to be elected in the Sangguniang or parliament concerned who receive the
17 
highest number of votes shall be proclaimed.
18 
SEC. 252. The proclamation mentioned in the three preceding sections shall
19 
be made only upon submission of all certificates of canvass unless the missing
20 
certificates of canvass will not affect the results of the election.
21 
SEC. 253. Proclamation of a ione candidate in a special election. - Upon the
22 
expiration of the deadline for the filing of the certificates of candidacy in a special
23 
election called to fill a vacancy in an elective position other than for President and
24 
Vice President, when there is only one (1) qualified candidate for such position, the
25 
lone candidate shall be proclaimed elected to the position by proper proclaiming
26 
body of the Commission without holding the special election upon certification by the
27 
Commission that he or she is the only candidate for the office and is thereby
28 
deemed elected.
29 
SEC. 254. Election resulting in tie. - Except when otherwise provided
30 
elsewhere in this Code, whenever it shall appear from the canvass that two or more
31 
candidates have received an equal and highest number of votes, or in cases where
32 
two or more candidates are to be elected for the same position and two or more
33 
candidates received the same number of votes for the last place in the number to be
34 
elected, the board of canvassers, after recording this fact in its minutes, shall by
35 
resolution, upon five days' notice to all the tied candidates, hold a special public
36 
meeting at which the board of canvassers shall proceed to the drawing of lots of the
37 
candidates who have tied and shall proclaim as elected the candidates who may be
38 
favored by luck, and the candidates so proclaimed shall have the right to assume
39 
office in the same manner as if he had been elected by plurality of vote. The board
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1 
of canvassers shall forthwith make a certificate stating the name of the candidate
2 
who had been favored by luck and his proclamation on the basis thereof.
3
4
Nothing in this section shall be construed as depriving a candidate of his right 
to contest the election.
6 
CHAPTER VI
7 
OVERSEAS REGISTRATION, VOTING, COUNTING, AND CANVASSING
8
9 
Article 23
10 
Registration for Overseas Voting
11 
SEC. 255. Coverage. - All citizens of the Philippines abroad, who are not
12 
otherwise disqualified by law, at least eighteen (18) years of age on the day of
13 
elections, may register for overseas voting and vote for President, Vice-President,
14 
Senators and Party-List Representatives, as well as in all national referenda and
15 
plebiscites.
16 
All persons who, at the time of the effectivity of this Code, are already
17 
registered as overseas voters, need not register anew in order to avail of overseas
18 
voting.
19 
SEC. 256. Disqualifications. - The following shall be disqualified from
20 
registering and voting under this Chapter:
21 
(a) Those who have lost their Filipino citizenship in accordance with Philippine
22 
laws;
23 
(b) Those who have expressly renounced their Philippine citizenship and who
24 
have pledged allegiance to a foreign country, except those who have
25 
reacquired or retained their Philippine citizenship under Republic Act No.
26 
9225, otherwise known as the 'Citizenship Retention and Reacquisition Act 
of
27 
2003';
28 
(c) Those who have committed and are convicted in a final judgment by a
29 
Philippine court or tribunal of an offense punishable by imprisonment of not
30 
less than one (1) year, such disability not having been removed by plenary
31 
pardon or amnesty: Provided, however, That any person disqualified to vote
32 
under this subsection shall automatically acquire the right to vote upon the
33 
expiration of five (5) years after service of sentence; or
34 
(d)Any citizen of the Philippines abroad previously declared insane or
35 
incompetent by competent authority in the Philippines or abroad, as verified
36 
by the Philippine embassies, 
consulates or foreign service establishments
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1 
concerned, unless such competent authority subsequently certifies that such
2 
person is no longer insane or incompetent.
3 
SEC. 257. Personal Overseas Registration and/or Certification. - Registration
4 
and/or certification as an overseas voter shall be done in person at any post abroad
5 
or at designated registration centers outside the post or in the Philippines approved
6 
by the Commission.
7 
Field and mobile registration centers shall be set up by the posts concerned to
8 
ensure accessibility by the overseas voters.
9 
All applicants shall submit themselves for live capture of their biometrics.
10 
SEC. 258. Resident Election Registration Board (RERB); Composition,
11 
Appointment, Disqualification and Compensation. - The RERB shall be composed of
12 
the following:
13 
(a) A career official of the Department of Foreign Affairs, as Chairperson;
14 
(b)The most senior officer from the Department of Labor and Employment
15 
(DOLE) or any government agency of the Philippines maintaining offices
16 
abroad, as member: Provided, That in 
case of disqualification or
17 
nonavailability of the most senior officer from the DOLE or any government
,18 
agency of the Philippines maintaining offices abroad, the Commission shall
19 
designate a career official from the embassy or consulate concerned; and
20 
(c) A registered overseas voter of known probity, as member.
21 
The Commission shall appoint the members of the RERB upon the
22 
recommendation of the Department of Foreign Affairs-Overseas Voting Secretariat
23 
(DFA-OVS).
24 
The RERB in the Office for Overseas Voting (OFOV) shall be based in the main
25 
office of the Commission and shall be composed of a senior official of the
26 
Commission as the Chairperson and one (1) member each from the DFA and the
27 
DOLE, whose rank shall not be lower than a division chief or its equivalent.
28 
No member of the RERB shall be related to each other or to an incumbent
29 
President, Vice-President, Senator or Member of the Flouse of Representatives
30 
representing the party-list system of representation, within the fourth civil degree of
31 
consanguinity or affinity.
32 
Each member of the RERB shall be entitled to an honorarium at the rates
33 
approved by the Department of Budget and Management (DBM).
34 
SEC. 259. Duties and Functions of the RERB. - The RERB shall have the
35 
following duties and functions:
36 
(a) Post in the bulletin boards of the embassy or consulates or at the OFOV, as
37 
the case may be, and in their respective websites, the names of the
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1 
applicants and the dates when their applications shall be heard, as well as the
2 
place where the RERB will hold its hearing;
3 
(b) Notify, through the OFOV, all political parties and other parties concerned of
4 
the pending applications through a weekly updated publication in the website
5 
of the Commission;
6 
(c) Act on all applications received;
7 
(d) Notify all applicants, whose applications have been disapproved, stating the
8 
reasons for such disapproval;
9 
(e) Prepare a list of all approved applications during each hearing and post the
10 
same at the bulletin boards of the embassy or consulates or at the OFOV, as
11 
the case may be, and in their respective websites;
12 
(f) Deactivate the registration records of overseas voters; and
13 
(g) Perform such other duties as may be consistent with its functions as provided
14 
under this Act.
15 
SEC. 260. National Registry of Overseas Voters (NROV). - The Commission
16 
shall maintain a National Registry of Overseas Voters or NROV containing the names
17 
of registered overseas voters and the posts where they are registered.
18 
Likewise, the Commission shall maintain a registry of voters (ROV) per
19 
municipality, city or district containing the names of registered overseas voters
20 
domiciled therein. The Commission shall provide each and every municipality, city or
21 
district with a copy of their respective ROVS for their reference.
22 
SEC. 261. Preparation and Posting of Certified List of Overseas Voters. - The
23 
Commission shall prepare the Certified List of Overseas Voters or CLOV not later
24 
than ninety (90) days before the start of the overseas voting period, and furnish
25 
within the same period electronic and hard copies thereof to the appropriate posts,
26 
which shall post the same in their bulletin boards and/or websites within ten (10)
27 
days from receipt thereof.
28 
Subject to reasonable regulation and the payment of fees in such amounts as
29 
may be fixed by the Commission, the candidates, political parties, accredited citizens'
30 
arms, and all other interested persons shall be furnished copies thereof: Provided,
31 
That nongovernmental organizations and other civil society organizations accredited
32 
by and working with the Commission as partners on overseas voters' education and
33 
participation shall be exempt from the payment of fees.
34 
SEC. 262. Requirements for Registration. - Every registrant for overseas
35 
voting shall be required to furnish the following documents:
36 
(a) A valid Philippine passport. In the absence of a valid passport, a certification
37 
of the DFA that it has reviewed the appropriate documents submitted by the
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1
2
3
5
6
7
8 
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
applicant and has found them sufficient to warrant the issuance of a passport, 
or that the applicant is a holder of a valid passport but is unable to produce 
the same for a valid reason;
(b) Accomplished registration form prescribed by the Commission; and
(c) Applicants who availed themselves of the 'Citizen Retention and Reacquisition 
Act' (Republic Act No. 9225) shall present the original or certified true copy of 
the order of approval of their application to retain or reacquire their Filipino 
citizenship issued by the post or their identification certificate issued by the 
Bureau of Immigration.
The Commission may also require, additional data to facilitate registration and 
recording. No information other than those necessary to establish the identity and 
qualification of the applicant shall be required.
Ail applications for registration and/or certification as an overseas voter shall 
be considered as applications to vote overseas. An overseas voter is presumed to be 
abroad until she/he applies for transfer of her/his registration records or requests 
that her/his name be cancelled from the National Registry of Overseas Voters.
SEC. 263. Deactivation and Reactivation of Registration. - The RERB shall 
deactivate and remove the registration records of persons who suffer from any of 
the causes of deactivation provided for in Section 46 of this Code. The fact of 
deactivation shall be annotated in the NROV and the corresponding ROV.
Any overseas voter whose registration has been deactivated pursuant to the 
preceding section may file with the RERB at any time, but not later than one 
hundred twenty (120) days before the start of the overseas voting period, a sworn 
application for reactivation of registration stating that the grounds for the 
deactivation no longer exist.
SEC. 264. Cancellation of Registration. - The RERB shall cancel the 
registration records of those who have died, as certified by either the posts or by the 
local civil registrar, and those who have been proven to have lost their Filipino 
citizenship.
SEC. 265. Voters Excluded from the NROV Through Inadvertence. - Any 
registered overseas voter whose name has been inadvertentiy omitted from the 
NROV may, personally or through an authorized representative, file with the RERB 
through the OFOV or the post exercising jurisdiction over the voter's residence, an 
application under oath for reinstatement not later than one hundred twenty (120) 
days before the start of the overseas voting period.
The RERB shall resolve the application within one (1) month from receipt 
thereof, otherwise the application shall be deemed approved.
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1 
SEC. 266. Application for Correction of Entries and Change of Name. - Any
2 
registered overseas voter who intends to change her/his name by reason of
3 
marriage, death of husband, or final court judgment; or to correct a mispelled name
4 
or any erroneous entry in the NROV, CLOV and other related documents may,
5 
personally or through an authorized representative, file an application under oath for
6 
change of name or correction of entries with the RERB through the OFOV or the
7 
post exercising jurisdiction over the voter's residence not later than ninety (90) days
8 
before the start of the overseas voting period.
9 
The RERB shall resolve the application within one (1) month from receipt
10 
thereof, otherwise the application shall be deemed approved.
11 
SEC. 267. Transfer of Registration Record. - In the event of change of voting
12 
venue, an application for transfer of registration record must be 
filed by the
13 
overseas voter with the OFOV at least one hundred eighty (180) days prior to the
14 
start of the overseas voting period: Provided, That those who would eventually vote
15 
in the Philippines should register within the time frame provided for local registration
16 
in the municipality, city or district where they intend to vote: Provided, further, That
17 
those who have registered in the municipality, city or district where they resided
18 
prior to their departure abroad need not register anew: Provided, 
finally. That
19 
transferees shall notify the OFOV of their transfer back to the Philippines at least one
20 
hundred eighty (180) days prior to the next national elections for purposes of
21 
cancelling their names from the Certified List of Overseas Voters (CLOV) and of
22 
removing their overseas voter's registration from the book of voters.
23 
SEC. 268. Petition for Exclusion, Motion for Reconsideration, Petition for
24 
Inclusion. -
25 
(a) Petition for Exclusion. - If the application for has been approved, any
26 
interested party may file a petition for exclusion not later than one hundred
27 
eighty (180) days before the start of the overseas voting period with the
28 
proper Municipal/Metropolitan Trial Court in the City of Manila or where the
29 
overseas voter resides in the Philippines, at the option of the petitioner.
30 
The petition shall be decided on the basis of the documents submitted within
31 
fifteen (15) days from its filing, but not later than one hundred twenty (120)
32 
days before the start of the overseas voting period. Should the Court fail to
33 
render a decision within the prescribed period, the ruling of the RERB shall be
34 
considered affirmed.
35 
(b) Motion for Reconsideration. - If the application has been disapproved, the
36 
applicant or the authorized representative shall have the right to file a motion
37 
for reconsideration before the RERB within a period of five (5) days from
38 
receipt of the notice of disapproval. The motion shall be decided within five
39 
(5) days after its filing on the basis of documents submitted but not later than
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1 
one hundred twenty (120) days before the start of the overseas voting
2 
period. The resolution of the RERB shall be immediately executory, unless
3 
reversed or set aside by the Court.
4 
(c) Petition for Inclusion. - Within ten (10) days from receipt of notice denying
5 
the motion for reconsideration, the applicant may file a petition for inclusion
6 
with the proper Municipal/Metropolitan Trial Court in the City of Manila or
7 
where the overseas voter resides in the Philippines, at the option of the
8 
petitioner.
9 
The petition shall be decided on the basis of the documents submitted within
10 
fifteen (15) days from filing, but not later than one hundred twenty (120) days
11 
before the start of the overseas voting period. Should the Court fail to render a
12 
decision within the prescribed period, the RERB ruling shall be considered affirmed.
13 
Qualified Philippine citizens abroad who have previously registered as voters
14 
pursuant to Republic Act No. 8189, otherwise known as the 'Voter's Registration Act
15 
of 1996', shall apply for certification as overseas voters and for inclusion in the
16 
National Registry of Overseas Voters (NROV). In case of approval, the Election
17 
Officer concerned shall annotate the fact of registration/certification as overseas
18 
voter before the voter's name as appearing in the certified voters' list and in the
19 
voter's registration records.
20 
SEC. 269. System of Continuing Registration. - The Commission shall ensure
21 
that the benefits of the system of continuing registration are extended to qualified
22 
overseas voters. Registration shall commence not later than six (6) months after the
23 
conduct of the last national elections. Towards this end, the Commission shall be
24 
authorized to utilize and optimize the use of existing facilities, personnel and
25 
mechanisms of the various government agencies for purposes of data gathering and
26 
validation, information dissemination and facilitation of the registration process,
27 
subject to the pertinent provisions of R.A. 10173.
28 
Pre-departure Orientation Seminars (PDOS), services and mechanisms offered
29 
and administered by the DFA, the DOLE, the Philippine Overseas Employment
30 
Administration (POEA), the Overseas Workers' Welfare Administration (OWWA), the
31 
Commission on Filipinos Overseas and by other appropriate agencies of the
32 
government and private agencies providing the same services shall include the
33 
salient features of this Chapter and shall be utilized for purposes of supporting the
34 
overseas registration and voting processes.
35 
All employment contracts processed and approved by the POEA shall state the
36 
right of migrant workers to exercise their constitutional right of suffrage within the
37 
limits provided for by this Chapter.
38 
SEC. 270. Notice of Registration and Election. - The Commission shall,
39 
through the posts cause the publication in a newspaper of general circulation of the
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1 
place, date and time of the holding of a regular or special national election and the
2 
requirements for the participation of qualified citizens of the Philippines abroad, at
3 
least six (6) months before the date set for the filing of applications for registration.
4 
The Commission shall determine the countries where publication shall be
5 
made, and the frequency thereof, taking into consideration the number of overseas
6 
Filipinos present in such countries. Likewise, the Commission and the DFA shall post
7 
the same in their respective websites.
8
9 
Article 24
10 
Overseas Voting
11 
SEC. 271. The Overseas Voting Period. - The voting period for overseas
12 
voting shall be thirty days, the last day of which, shall be the day of the election in
13 
the Philippines. The overseas voting period shall be continuous and inclusive of
14 
established holidays in the Philippines and of such other holidays in the host
15 
countries.
16 
SEC. 272. Printing and Transmittal of Baiiots, Voting Instructions, Election
17 
Forms and Paraphernalia. -
18 
The Commission shall cause the printing of ballots for overseas voters and all
19 
other accountable election forms. In the printing of ballots for overseas voting, the
20 
provisions of Section 182 of this Code, insofar as they are applicable, shall be
21 
observed: Provided, That the total number of ballots printed for overseas voting
22 
shall not exceed the total number of registered overseas voters.
23 
The Commission shall present to the authorized representatives of the DFA,
24 
the accredited political or sectoral parties or organization, and the deputized citizen's
25 
arms of the Commission the ballots for overseas voters, voting instructions, election
26 
forms and other election paraphernalia for scrutiny and inspection prior to their
27 
transmittal to the posts.
28 
The Commission shall transmit, as far as practicable, but not later than forty-
29 
five (45) days before the day of elections, by special pouch to all posts the exact
30 
number of ballots for overseas voters corresponding to the number of approved
31 
applications, along with such accountable forms necessary to ensure the secrecy and
32 
integrity of the election.
33 
Authorized representatives of the DFA, the accredited political or sectoral
34 
parties or organization, candidates, and the deputized citizen's arms of the
35 
Commission shall have the right to be present in all phases of printing, transmittal,
36 
and casting of mailed ballots abroad. Unclaimed ballots properly marked as such,
37 
shall be cancelled and shipped to the Commission by the least costly method.
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1 
SEC. 273. Regulation on Campaigning Abroad. - Personal campaigning, the
2 
use of campaign materials, as well as the limits on campaign spending shall be
3 
governed by Article 9 of this Code: Provided, That all forms of campaigning abroad
4 
within the thirty (30)-day overseas voting period shall be prohibited.
5 
SEC. 274. Special Electoral Board; Constitution and Appointment - The
6 
Commission, through the OFOV, shall, upon recommendation of the DFA-OVS,
7 
constitute in every Post, not later than the start of the campaign period for national
8 
candidates, at least one (1) special electoral board, which shall be composed of a
9 
chairperson, a poll clerk, and the third member. They shall be officers and members
10 
of the foreign service post, including attaches of other Philippine Government
11 
Agencies, posted aboard and deputized by the Commission.
12 
The chairperson, poll clerk, or third member of the special electoral board
13 
shall have the same qualifications and shall be subject to the same disqualifications
14 
as members of the electoral board.
15 
SEC. 275. Qualifications and Disqualifications of Members of the Special
16 
Electoral Board. - No person shall be appointed as chairperson, poll clerk, or third
17 
member of the special electoral board, whether regular or substitute, unless:
18 
(a) Such person is of good moral character and irreproachable reputation;
19 
(b) He or she is citizen of the Philippines physically residing aboard;
20 
(c) He or she has never been convicted of any election offense or of any other
21 
crime punishable by more than six (6) months of imprisonment and has no
22 
pending case in court for any election offense; and
23 
(d) Such person is able to speak and write Filipino or English
24 
Any career public officer posted abroad, appointed or designated by the
25 
Commission, as the case may be, shall be the Chairperson. In the absence of other
26 
government officers, the two (2) other members shall be citizens of the Philippines
27 
who are registered overseas voters and deputized by the Commission.
28 
The chairperson and members of the special electoral board shall be subject
29 
to the same disqualifications as the members of the electoral board.
30 
SEC. 276. Powers and functions of the special electoral board. - The special
31 
electoral board shall have the following powers/functions:
32 
(a) Conduct the voting and/or counting of votes;
33 
(b) Transmission of the election results;
34 
(c)Act as deputies of the Commission in the supervision and control of the
35 
election in the polling places where they are assigned;
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1 
(d)Petform such other functions as may be prescribed by the Commission in
2 
furtherance of the objective to ensure clean, honest, orderly, and credible
3 
elections.
4 
SEC. 277. Special Ballot Reception and Custody Group; Constitution and
5 
Appointment - The Commission, through the OFOV, shall, upon recommendation of
6 
the DFA-OVS, constitute in every Post, not later than the start of the campaign
7 
period for national candidates, a Special Ballot Reception and Custody Group
8 
(SBRCG), which shall be composed of three members.
9 
SEC. 278. Qualifications/Disqualifications of Members/Substitutes of the
10 
SBRCG. - No person shall be appointed as chairperson or member of the SBRCG,
11 
whether regular or substitute, unless:
12 
(a) Such person is of good moral character and irreproachable reputation;
13 
(b) Fie or she is citizen of the Philippines physically residing aboard;
14 
(c) Fie or she has never been convicted of any election offense or of any other
15 
crime punishable by more than six (6) months of imprisonment and has no
16 
pending case in court for any election offense;
17 
(d)Such person is able to speak and write Filipino or English; and
18 
(e) Such person is from among the staff of the Posts.
19 
In case of shortage of qualified staff of the Posts, citizens of the Philippines
20 
who are registered overseas voters, who are of known probity and competence, may
21 
be appointed as members of the SBRCG: Provided, That the Chairperson shall be an
22 
officer of member of the foreign service corps.
23 
Members of the SBRCG shall be subject to the same disqualifications as
24 
members of the electoral board.
25 
SEC. 279. Functions of the SBRCG. - The SBRCG shall perform the following
26 
duties and functions:
27 
(a) Receive from the OFOV all accountable and non-accountable election forms,
28 
supplies, paraphernalia, and equipment to be used in voting, counting, and
29 
canvassing;
30 
(b) Verify the quantity and serial numbers of all ballots, election returns,
31 
canvassing forms, and other accountable forms, and equipment received, in
32 
the presence of the head of the Post and the authorized representatives of
33 
accredited political or sectoral parties or organization, candidates, the
34 
deputized citizen's arms of the Commission and Filipino community
35 
organizations, if available;
36 
(c) Store all received forms, supplies, and equipment in a secure place;
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1 
(d) Perform such other duties and functions as mandated by the Commission as
2 
may be consistent in protecting the sanctity of the ballots and other
3 
accountable forms.
4 
SEC. 280. Voting. - Voting may be done either personally, by mail or by any
5 
other means as may be determined by the Commission. For this purpose, the
6 
Commission shall issue the necessary guidelines on the manner and procedures of
7 
voting.
8 
The OFOV, in consultation with the DFA-OVS, shall determine the countries
9 
where voting shall be done by any specific mode, taking into consideration the
10 
following criteria: the number of registered voters, accessibility of the posts,
11 
efficiency of the host country's postal system, and such other circumstances that
12 
may affect the conduct of voting.
13 
The Commission shall announce the specific mode of voting per country/post
14 
at least one hundred twenty (120) days before the start of the overseas voting
15 
period.
16 
The Flybrid Election System shall not apply to overseas voting.
17 
SEC. 281. Casting and Submission of Ballots. -
18 
(1) Upon receipt by the Special Electoral Board of the ballots for overseas voters,
19 
voting instructions, election forms and other paraphernalia, they shall make
20 
these available on the premises to the qualified overseas voters in their
21 
respective jurisdictions during the overseas voting period. Immediately upon
22 
receiving it, the overseas voter must fill-out her/his ballot personally, in
23 
secret, without leaving the premises of the posts concerned.
24 
(2)The overseas voter shall personally accomplish her/his ballot at the post that
25 
has jurisdiction over the country where she/he temporarily resides or at any
26 
polling place designated and accredited by the Commission.
27 
(3)The overseas voter shall cast her/his ballot, upon verification by the poll clerk
28 
of the voter's identity and that he or she is entitled to vote in the overseas
29 
voting. The OFOV, in consultation with the DFA-OVS, shall provide a list of
30 
documents which may be used to verify the identity of the voters.
31 
(4) All accomplished ballots received shall be placed unopened inside sealed
32 
containers and kept in a secure place designated by the Commission.
33 
(5) The posts concerned shall keep a complete record of the ballots for overseas
34 
voters, specifically indicating the number of ballots they actually received, and
35 
in cases where voting by mail is allowed, the names and addresses of the
36 
voters to whom these ballots were sent, including proof of receipt thereof. In
37 
addition, the posts shall submit a formal report to the Commission and the
38 
Joint Congressional Oversight Committee for Overseas Voting within thirty
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1 
(30) days from the day of elections. Such report shall contain data on the
2 
number of ballots cast and received by the offices, the number of invalid and
3 
unclaimed ballots and other pertinent data.
4 
(6) Ballots not claimed by the overseas voters at the posts, in case of personal
5 
voting, and ballots returned to the posts concerned, in the case of voting by
6 
mail, shall be cancelled and shipped to the Commission by the least costly
7 
method within six (6) months from the day of elections.
8 
(7) Only ballots cast, and mailed ballots received by the posts concerned in
9 
accordance with Section 282 hereof before the close of voting on the day of
10 
elections shall be counted. All envelopes containing the ballots received by
11 
the posts after the prescribed period shall not be opened, and shall be
12 
cancelled and shipped to the Commission by the least costly method within
13 
six (6) months from the day of elections.
14 
(8)The SBRCG will receive the ballots and take custody of the same preparatory
15 
to their transmittal to the special electoral board.
16 
(9)The authorized representatives of the political parties, party-list groups,
17 
candidates, and accredited citizens' arms of the Commission shall be notified
18 
in writing thereof and shall have the right to witness the proceedings.
19 
(10) The Commission shall study the use of electronic mail, internet, or other
20 
secured networks in the casting of votes, and submit a report thereon to the
21 
Joint Congressional Oversight Committee on Overseas Voting.
22 
SEC. 282. Voting by Mail. -
23 
(1) Voting by mail may be allowed in countries that satisfy the following
24 
conditions:
25 
(a) Where the mailing system is fairly well-developed and secure to prevent
26 
the occasion of fraud;
27 
(b) Where there exists a technically established identification system that
28 
would preclude multiple or proxy voting; and,
29 
(c) Where the system of reception and custody of mailed ballots in the
30 
embassies, consulates and other foreign service establishments
31 
concerned are adequate and well-secured.
32 
(2) The overseas voter shall send her/his accomplished ballot to the
33 
corresponding post that has jurisdiction over the country where she/he
34 
temporarily resides. She/He shall be entitled to cast her/his ballot at any time
35 
upon her/his receipt thereof: Provided, That the same is received before the
36 
close of voting on the day of elections. The overseas absentee voter shall be
37 
instructed that her/his ballot shall not be counted if not transmitted in the
38 
special envelope furnished her/him.
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1 
(3) Only mailed ballots received by the post before the close of voting on the day
2 
of elections shall be counted. All envelopes containing the ballots received by
3 
the posts after the prescribed period shall not be opened, and shall be
4 
cancelled and disposed of appropriately, with a corresponding report thereon
5 
submitted to the Commission not later than thirty (30) days from the day of
6 
elections.
7 
SEC. 283. Voting Privilege of Members of the SBEI, SBRCG and SBOC. -
8 
Government employees posted abroad who will perform election duties as members
9 
of the SBEI, SBCRG and SBOC shall be allowed to vote in their respective posts:
10 
Provided, That they are registered either in the Philippines or as overseas voters.
11
12 
Article 25
13 
Counting and Canvassing of Overseas Votes
14 
SEC. 284. Special Board of Canvassers; Constitution and Appointment. - The
15 
Special Board of Canvassers shall canvass and/or consolidate the overseas election
16 
returns submitted to it be the Special Electoral Board. The Commission, though the
17 
OFOV, in consultation with the DFA-OVS, shall constitute a Special Board of
18 
Canvassers (SBOC) in such Posts as may be necessary to ensure an expedient and
19 
accurate canvassing of the votes.
20 
The members of the SBOC shall be composed of the highest-ranking career
21 
officer of the Post as Chairperson, a senior career officer from any of the
22 
government agencies maintaining offices aboard as Vice Chairperson, and another
23 
government officer as Member-Secretary. In the absence of such other government
24 
officer, a citizen of the Philippines qualified to register as an overseas voter and
25 
deputized by the Commission, may be appointed as Member-Secretary.
26 
SEC. 285. Qualifications of Members/Substitutes of the SBOC. - No person
27 
shall be appointed as a Member of the SBOC, whether regular or substitute, unless
28 
such person is:
29 
(a) Of good moral character and irreproachable reputation; and
30 
(b)Able to write and speak in English or Filipino.
31 
SEC. 286. Disqualifications; SBOC. - The following are disqualified from
32 
serving as a member of the SBOC:
33 
(a) Those who are related within the fourth civil degree of consanguinity or
34 
affinity to any member of the same SBOC or to any of the candidates for
35 
President, Vice-President, Senators, or any of the nominees of the party-list
36 
groups, or any of the candidates' or nominees' spouses;
37 
(b) Those who have been convicted of any election offense or any other crime
38 
punishable by more than six (6) months of imprisonment; or
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1 
(c) Those who have a pending case filed against them for any election offense.
2 
SEC. 287. On-Site Counting and Canvassing. -
3 
(1) The counting and canvassing of votes shall be conducted on site in the
4 
country where the votes were actually cast, or, in the case of voting by mail,
5 
where the ballots are received from the voters. The opening of the specially-
6 
marked envelopes containing the ballots and the counting and canvassing of
7 
votes shall be conducted within the premises of the embassies, consulates
8 
and other foreign service establishments or in such other places as may be
9 
designated by the Commission pursuant to the Implementing Rules and
10 
Regulations.
11 
(2) For these purposes, the Commission shall constitute as many Special Electoral
12 
Boards as may be necessary to conduct and supervise the counting of votes.
13 
All resolutions of the Special Electoral Boards on issues brought before it
14 
during the conduct of its proceedings shall be valid only when they carry the
15 
approval of the Chairman.
16 
Immediately upon the completion of the counting, the Special Electoral Board
17 
shall transmit via facsimile and/or electronic mail the results to the
18 
Commission in Manila and the accredited dominant majority and dominant
19 
minority parties.
20 
(3) Only ballots cast on, or received by the embassies, consulates and other
21 
foreign service establishments before the close of voting on the day of
22 
elections shall be included in the counting of votes. Those received afterwards
23 
shall not be counted.
24 
(4) Immediately upon the completion of the canvass, the chairperson of the
25 
SBOC shall transmit via facsimile, electronic mail, or any other means of
26 
transmission equally safe and reliable the certificates of canvass and the
27 
statements of votes to the Commission, and shall cause to preserve the same
28 
immediately after the conclusion of the canvass, and make it available upon
29 
instructions of the Commission. The SBOC shall also furnish the accredited
30 
dominant majority and dominant minority political parties and accredited
31 
citizens' arms with copies thereof via facsimile, electronic mail and any other
32 
means of transmission equally safe, secure and reliable.
33 
The certificates of canvass and the accompanying statements of votes as
34 
transmitted via facsimile, electronic mail and any other means of transmission
35 
equally safe, secure and reliable shall be the primary basis for the national
36 
canvass.
37 
(5) The canvass of votes shall not cause the delay of the proclamation of a
38 
winning candidate if the outcome of the election will not be affected by the
39 
results thereof. Notwithstanding the foregoing, the Commission is empowered
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1 
to order the proclamation of winning candidates despite the fact that the
2 
scheduled election has not taken place in a particular country or countries, if
3 
the holding of elections therein has been rendered impossible by events,
4 
factors and circumstances peculiar to such country or countries, and which
5 
events, factors and circumstances are beyond the control or influence of the
6 
Commission.
7 
(6) In the preparation of the final tally of votes on the results of the national
8 
elections, the Commission shall ensure that the votes canvassed by each and
9 
every country shall be reflected as a separate item from the tally of national
10 
votes. For purposes of this Article, the returns of every election for President
11 
and Vice-President prepared by the SBOCs shall be deemed a certificate of
12 
canvass of a city or a province.
13 
(7) Where feasible, the counting and canvassing of votes shall be automated.
14 
Towards this end, the Commission is hereby authorized to borrow, rent, lease
15 
or acquire automated voting machines for purposes of canvassing and
16 
counting of votes pursuant to the provisions of this Act, and in accordance
17 
with the Implementing Rules and Regulations promulgated by the
18 
Commission.
19 
SEC. 288. Support Staff. - The Commission may appoint such number of
20 
support personnel as may be necessary to assist the special electoral board and the
21 
SBOC: Provided, That in Posts utilizing the automated election system, there shall be
22 
one (1) information and communications technology personnel who shall assist the
23 
SBOC: Provided further, That such information and communications technology
24 
personnel shall be deputized by the Commission from among the personnel of the
25 
Philippine Government agencies, including government-owned and controlled
26 
corporations, maintaining offices abroad.
27
28 
Article 26
29 
Other Provisions Pertaining to Overseas Voting
30 
SEC. 289. Joint Congressional Oversight Committee on Overseas Voting. - A
31 
Joint Congressional Oversight Committee is hereby created, composed of the
32 
Chairperson of the Senate Committee on Electoral Reforms and People's
33 
Participation, and seven (7) other Senators designated by the Senate President, and
34 
the Chairperson of the House Committee on Suffrage and Electoral Reforms, and
35 
seven (7) other Members of the House of Representatives designated by the
36 
Speaker of the House of Representatives: Provided, That, of the seven (7) members
37 
to be designated by each House of Congress, four (4) should come from the
38 
majority to include the chair of the Committee on Foreign Affairs and the remaining
39 
three (3) from the minority.
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1 
The Joint Congressional Oversight Committee on Overseas Voting shall have
2 
the power to monitor and evaluate the implementation of this Chapter.
3 
SEC. 290. The Office for Overseas Voting and the Overseas Voting
4 
Secretariat - The Office for Overseas Voting of the Commission and the Overseas
5 
Voting Secretariat of the DFA existing prior to the effectivity of this Code shall
6 
remain in place.
7 
SEC. 291. Authority to Expiore Other Modes or Systems of Voting. -
8 
Notwithstanding current procedures and systems for the proper implementation of
9 
overseas voting, and in view of the peculiarities attendant to the overseas voting
10 
process, the Commission may explore other more efficient, reliable and secure
11 
modes or systems, ensuring the secrecy and sanctity of the entire process, whether
12 
paper-based, electronic-based or internet-based technology or such other latest
13 
technology available, for onsite and remote registration and elections and submit
14 
reports and/or recommendations to the Joint Congressional Oversight Committee.
15 
SEC. 292. Procurement of Faciiities, Equipment, Materiais, Supplies or
16 
Services. - To achieve the purpose of this Chapter, the Commission may, likewise,
17 
procure from local or foreign sources, through purchase, lease, rent or other forms
18 
of acquisition, hardware or software, facilities, equipment, materials, supplies or
19 
services in accordance with existing laws, free from taxes and import duties, subject
20 
to government procurement rules and regulations.
21 
SEC. 293. Information Campaign. - The Commission, in coordination with
22 
agencies concerned, shall undertake an information campaign to educate the public
23 
on the manner of overseas voting for qualified overseas voters. It may require the
24 
support and assistance of the DFA, through the posts, the DOLE, the Department of
25 
Information and Communications Technology (DICT), the Philippine Postal
26 
Corporation (PPC), the POEA, the OWWA and the Commission on Filipinos Overseas.
27 
Such information campaign shall educate the Filipino public, within and
28 
outside the Philippines, on the Philippine Electoral System, the rights of overseas
29 
voters, overseas voting processes and other related concerns. Information materials
30 
shall be developed by the Commission for distribution, through the said government
31 
agencies and private organizations. No government agency shall prepare, print,
32 
distribute or post any information material without the prior approval of the
33 
Commission.
34 
SEC. 294. Assistance from Government Agencies. - All government officers,
35 
particularly from the DFA, the DOLE, the DICT, the PPC, the POEA, the OWWA, the
36 
Commission on Filipinos Overseas and other government offices concerned with the
37 
welfare of the Filipinos overseas shall, to the extent compatible with their primary
38 
responsibilities, assist the Commission in carrying out the provisions of this Chapter.
39 
All such agencies or officers thereof shall take reasonable measures to expedite all
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1 
election activities, which the Commission shall require of them. When necessary, the
2 
Commission may send supervisory teams headed by career officers to assist the
3 
posts.
4 
Likewise, consular and diplomatic services rendered in connection with the
5 
overseas voting processes shall be made available at no cost to the overseas voters.
6 
SEC. 295. Security Measures to Safeguard the Secrecy and Sanctity of
1 
Ballots. - At all stages of the electoral process, the Commission shall ensure that the
8 
secrecy and integrity of the ballots are preserved. The OFOV of the Commission shall
9 
be responsible for ensuring the secrecy and sanctity of the overseas voting process.
10 
In the interest of transparency, all necessary and practicable measures shall be
11 
adopted to allow representation of the candidates, accredited major political parties,
12 
accredited citizens' arms and nongovernment organizations to assist, and intervene
13 
in appropriate cases, in all stages of the electoral exercise and to prevent any and all
14 
forms of fraud and coercion.
15 
No officer or member of the foreign service corps, including those belonging
16 
to attached agencies shall be transferred, promoted, extended, recalled or otherwise
17 
moved from his current post or position one (1) year before and three (3) months
18 
after the day of elections, except upon the approval of the Commission.
19 
SEC. 296. Implementing Rules and Regulations. - The Commission shall
20 
promulgate rules and regulations for the implementation and enforcement of the
21 
provisions of this Article within ninety (90) days from the effectivity thereof.
22 
In the formulation of the rules and regulations, the Commission shall
23 
coordinate with the DFA, the DOLE, the POEA, the OWWA and the Commission on
24 
Filipinos Overseas. Nongovernment organizations and accredited Filipino
25 
organizations or associations abroad shall be consulted.
26
27 
CHAPTER VII
28 
RECALL AND SPECIAL ELECTIONS, REGIONAL ELECTIONS, AND
29 
BARANGAY AND SANGGUNINANG KABATAAN ELECTIONS
30
31 
Article 27
32 
Special Election in Case of Vacancy in Certain Offices
33 
SEC. 297. Special election for President and Vice-President in case of
34 
vacancy. - The Congress shall, at ten o'clock in the morning of the third day after
35 
the vacancy in the offices of the President and Vice-President occurs, convene in
36 
accordance with its rules without need of a call and within seven days, enact a law
37 
calling for a special election to elect a President and a Vice-President to be held not
38 
earlier than forty-five days nor later than sixty days from the time of such call. The
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1 
bill calling such special election shall be deemed certified under paragraph 2, Section
2 
26, Article VI of the Constitution and shall become law upon its approval on third
3 
reading by the Congress. Appropriations for the special election shall be charged
4 
against any current appropriations and shall be exempt from the requirements of
5 
paragraph 4, Section 25, Article VI of the Constitution. The convening of the
6 
Congress cannot be suspended nor the special election postponed. No special
7 
election shall be called if the vacancy occurs within eighteen months before the date
8 
of the next presidential election.
9 
SEC. 298. Special election for Members of the House of Representatives and
10 
the Senate. - In case a permanent vacancy shall occur in the Senate or House of
11 
Representatives at least one (1) year before the expiration of the term, the
12 
Commission shall call and hold a special election to fill the vacancy not earlier than
13 
sixty (60) days or longer than ninety (90) days after the occurrence of the vacancy.
14 
SEC. 299. Procedure for special elections. - Unless the law calling for the
15 
special election otherwise provides, the provisions of this Code shall govern the
16 
conduct thereof particularly Articles 7, 8, 9, 10, 11, 13, 14, 15, 16, 17, 20, 21, and
17 
22.
18
19 
Article 28
20 
Elections of Elective Officials of Autonomous Regions
21 
SEC. 300. Governing Law. - The organic law creating the autonomous region
22 
concerned shall govern the conduct of the elections of the elective officials whose
23 
positions were created by such organic law or by regional law: Provided however,
24 
That to the extent permissible, the provisions of this Code shall have suppletory
25 
application.
26 
The elections of elective national officials, as well as local elective officials
27 
whose positions were not created by aforesaid organic law or by regional law, shall
28 
be governed by the provisions of this Code.
29 
SEC. 301. Date of Elections. - Unless otherwise fixed by the organic laws or
30 
regional laws of the autonomous regions, the next regular election of the elective
31 
officials whose offices created by organic laws or by regional laws shall be on the
32 
second Monday of May 2025 and on the same day every three years thereafter.
33 
SEC. 302. Manner of Voting of Parliamentary Representatives. - Candidates
34 
for members of the regional parliament or regional assembly shall be voted at large
35 
by the registered voters in the parliamentary district which such candidates seek to
36 
represent. The candidate or candidates corresponding to the number of member or
37 
members to be elected in a parliamentary district who receive the highest number of
38 
votes shall be declared elected.
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1 
SEC. 303. Vacancy. Any permanent vacancy in the regional parliament or
2 
assembly occurring at least one (1) year before the next regular elections shall be
3 
filled by a special election called for that purpose except if the law creating such
4 
parliament or assembly provides the contrary.
5 
SEC. 304. Rules and Regulations in the conduct regional elections. - In order
6 
to ensure free, honest, orderly, transparent, and credible regional elections, the
7 
Commission shall promulgate the rules and regulations for the conduct thereof,
8 
taking into account, primarily, the pertinent provisions of the organic law of the
9 
autonomous region concerned; and secondarily, the provisions of this Code.
10
11 
Article 29
12 
Barangay and Sangguniang Kabataan Elections
13 
SEC. 305. Election of barangay and sangguniang kabataan officials. - The
14 
election for barangay and sangguniang kabataan officials shall be held throughout
15 
the Philippines on December 5, 2022. Subsequent synchronized barangay and
16 
sangguniang kabataan elections shall be held on the first Monday of December 2025
17 
and every three (3) years thereafter.
18 
SEC. 306. Assumption of Office. - That the term of office of the barangay
19 
and sangguniang kabataan officials elected in the 05 December 2022 elections and
20 
subsequently thereafter, shall commence at noon of January 1 next following their
21 
election.
22 
Until their successors shall have been duly elected and qualified, all
23 
incumbent barangay and sangguniang kabataan officials shall remain in office,
24 
unless sooner removed or suspended for cause: Provided, That barangay and
25 
sangguniang kabataan officials who are ex officio members of the sangguniang
26 
bayan, sangguniang panlungsod, or sangguniang panlalawigan, as the case may be,
27 
shall continue to serve as such members in the sanggunian concerned until the next
28 
barangay and sangguniang kabataan elections.
29 
SEC. 307. Conduct of elections. - The barangay election shall be non-
30 
partisan and shall be conducted in an expeditious and inexpensive manner.
31 
No person who files a certificate of candidacy shall represent or allow himself
32 
to be represented as a candidate of any political party or any other organization;
33 
and no political party, political group, political committee, civic, religious,
34 
professional, or other organization or organized group of whatever nature shall
35 
intervene in his nomination or in the filing of his certificate of candidacy or give aid
36 
or support, directly or indirectly, material or otherwise favorable to or against his
37 
campaign for election: Provided, That this provision shall not apply to the members
38 
of the family of a candidate within the fourth civil degree of consanguinity or affinity
39 
nor to the personal campaign staff of the candidate which shall not be more than
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1 
one for every one hundred registered voters in his barangay: Provided, however,
2 
That without prejudice to any liability that may be incurred, no permit to hold a
3 
public meeting shall be denied on the ground that the provisions of this paragraph
4 
may or will be violated.
5 
Nothing in this section, however, shall be construed as in any manner
6 
affecting or constituting an impairment of the freedom of individuals to support or
7 
oppose any candidate for any barangay office.
8 
SEC. 308. Certificate of Candidacy of elective barangay and sangguniang
9 
kabataan officials. - No person shall be elected punong barangay, member of the
10 
sangguniang barangay, chairperson of the sangguniang kabataan, or member of the
11 
sangguniang kabataan unless he or she files a sworn certificate of candidacy with
12 
the office of the election officer of the city or municipality concerned not later than
13 
thirty (30) days before the beginning of the campaign period. The form and contents
14 
of the certificate of candidacy shall be prescribed by the Commission. The campaign
15 
period shall be ten (10) days immediately before the election.
16 
The election officer shall have the ministerial duty to receive said certificate of
17 
candidacy and to immediately acknowledge receipt thereof. However, if on the face
18 
of the certificate of candidacy, it appears that the prospective candidate is ineligible
19 
as he or she does not meet the qualifications pertaining to age, residence, or
20 
registered voter status, as set forth by the Constitution and relevant laws, the
21 
election officer shall refuse to accept the certificate of candidacy. In such instance,
22 
the election officer shall immediately inform the prospective candidate of the
23 
rejection of his certificate of candidacy and the reasons therefor. Within the same
24 
day, the election officer shall furnish said prospective candidate with a written and
25 
signed notice of rejection of the certificate of candidacy, setting forth therein the
26 
reasons for such rejection. Unjustified rejection by the election officer of a certificate
27 
of candidacy and failure of the election officer to strictly observe these steps shall be
28 
election offenses. Acceptance by the election officer of a certificate of candidacy
29 
which, on its face, shows that the prospective candidate is not qualified for the
30 
position shall be cause for administrative sanctions against him or her.
31 
Before the lapse of the period to file the certificate of candidacy, the
32 
prospective candidate whose certificate of candidacy was rejected by the election
33 
officer may file the rejected certificate of candidacy, together with the written notice
34 
of rejection, with the provincial election supervisor.
35 
It is the ministerial duty of the provincial election supervisor to accept the
36 
certificate of candidacy of any prospective candidate in his or her province if such
37 
certificate is accompanied by a copy of aforesaid notice of rejection. The provincial
38 
election supervisor shall then direct the election officer concerned to include the
39 
prospective candidate in the official list of candidates. Failure of the provincial
40 
election supervisor to strictly observe these steps and the failure of the election
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1 
officer to timely comply with the directive of the provincial election supervisor set
2 
forth in this section are election offenses.
3 
Should it turn out that the election officer correctly rejected the certificate of
4 
candidacy of the candidate in question, the fact of filing by said candidate of his or
5 
her certificate of candidacy with the provincial election supervisor shall be prima
6 
facie proof of such candidate's deliberate intent to commit material
7 
misrepresentation as to his or her qualifications.
8 
Any appointive municipal, city, provincial or national official or employee, or
9 
those in the civil or military service, including those in government-owned or
10 
controlled corporations, shall be considered automatically resigned upon the filing of
11 
certificate of candidacy for a barangay office.
12 
SEC. 309. The Barangay Electoral Board. -
13 
(1) The Commission, through the Election Officer, shall constitute and appoint, in
14 
writing and in the from prescribed by the Commission, the Barangay Electoral
15 
Board for every clustered or grouped precinct in the district, city, or
16 
municipality. In the appointment of the members of the Electoral Boards, the
17 
Election officer shall give preference to public school teachers. In case there
18 
are not enough public school teachers, teachers in private schools, employees
19 
in the civil service, or other citizens of known probity and competence who are
20 
registered voters of the city or municipality may be appointed for election duty.
21 
The Barangay Electoral Board shall be composed by a chairperson, a poll
22 
clerk, and a third member. No person shall be appointed as member of the Electoral
23 
Board, whether regular, temporary, or as a substitute, unless such person is:
24 
(a) Of good moral character and has an irreproachable reputation;
25 
(b) Of known integrity and competence;
26 
(c) A registered voter;
27 
(d) Has never been convicted of any election offense or of any crime punishable
28 
by more than six (6) months of imprisonment;
29 
(e) Able to speak and write English and either Filipino or the local dialect.
30 
No person who is an incumbent barangay official may be appointed as
31 
member of the Barangay Electoral Board for the same barangay. Neither may any
32 
person be appointed as member of the Barangay Electoral Board if he or she is a
33 
candidate to be voted for in the polling place of assignment or if such person is
34 
related within the fourth (4th) civil degree of consanguinity or affinity a candidate to
35 
be voted for in the polling place of assignment or to said candidate's spouse. In no
36 
case shall any of the members of the Barangay Electoral Board be related within the
37 
fourth (4th) civil degree of consanguinity or affinity to any other member of the
38 
same board.
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1 
Members of the Barangay Electoral Board are prohibited from engaging,
2 
directly or indirectly, in any partisan political activity or take part in the election
3 
except to vote and discharge their election duties.
4 
(2) The Barangay Electoral Boards shall supervise and conduct the election in their
5 
respective polling places, count the votes and thereafter prepare the election
6 
returns and such other documents required by the Commission.
7 
SEC. 310. Election returns for the barangay and sangguniang kabataan
8 
elections. - For the barangay elections, the Barangay Electoral Boards shall prepare
9 
four copies of the Election Returns. The first copy shall be delivered immediately to
10 
the Barangay Board of Canvassers. The second copy shall be delivered to the
11 
election officer, the third copy must be deposited inside the ballot box; and the
12 
fourth copy shall be delivered to the secretary of the sangguniang barangay. For the
13 
sangguniang kabataan elections, the Barangay Electoral Boards shall prepare
14 
separate election returns in three (3) sets. The first copy shall be delivered
15 
immediately to the Barangay Board of Canvassers. The second copy shall be
16 
delivered to the election officer, the third copy must be deposited inside the ballot
17 
box.
18 
SEC. 311. Polling places. - The Commission, through the election officer,
19 
shall designate the appropriate public schools or any other public buildings to be
20 
used as polling places, taking into consideration the convenience and safety of the
21 
voters. To the extent practicable, the polling place should be within the barangay
22 
whose officials are being elected and should be as centrally located as possible
23 
therein.
24 
SEC. 312. Official barangay ballots. - The official barangay ballots shall be
25 
provided by the Commission. There shall be separate ballots for the barangay
26 
elections and for the sangguniang kabataan elections.
27 
The Barangay Electoral Board Chairperson shall, in the presence of the voter
28 
and before giving the ballot to the voter, authenticate the same by affixing his or her
29 
signature at the back thereof. Failure to authenticate shall be noted in the Minutes
30 
and shall constitute an election offense but will not invalidate the ballot. Further, in
31 
no case shall the Chairperson pre-sign at the back of the ballot prior to its actual
32 
issuance to the voters.
33 
SEC. 313. Ballot boxes. - The Commission shall provide the ballot boxes for
34 
each precinct or clustered precinct as the case may be. The Commission shall
35 
promulgate the necessary rules to ensure that the sanctity of the ballots is
36 
preserved.
37 
SEC. 314. Manner of preparing the ballot - The voter, upon receiving his
38 
folded ballot, shall forthwith proceed to the designated voting area and shall there
39 
fill his ballot by writing in the proper space for each office the name of the individual
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1 
candidate for whom he desires to vote. The voter shall use the ballot secrecy folder
2 
or similar covering material or device supplied by the Commission.
3 
After the voter has filled his ballot, he or she shall fold it in the same manner
4 
as when he received it and return it to the chairperson of the barangay electoral
5 
board.
6 
The Commission shall prescribe the necessary rules and regulations to ensure
7 
that the secrecy of the ballots shall be preserved the entire time during the conduct
8 
of the voting and that no spurious ballots may be placed into the ballot box.
9 
SEC. 315. Spoiled ballots. - If a voter should accidentally spoil or deface a
10 
ballot in such a way that it cannot lawfully be used, he shall surrender if folded to
11 
the chairperson who shall note in the corresponding space in the voting record that
12 
said ballot is spoiled. The voter shall then be entitled to another ballot which the
13 
chairperson shall give him after announcing the serial number of the second ballot
14 
and recording said serial number in the corresponding spaces in the voting record. If
15 
the second ballot is again spoiled or defaced in such a way that it cannot lawfully be
16 
used, the same shall be surrendered to the chairman and recorded in the same
17 
manner as the first spoiled or defaced ballot. However, no voter shall change his
18 
ballot more than twice.
19 
The spoiled ballot shall, without being unfolded and without removing the
20 
detachable coupon, be distinctly marked with the word "spoiled" and signed by the
21 
board of election inspectors on the endorsement fold thereof and immediately
22 
placed in the compartment for spoiled ballots.
23 
SEC. 316. Counting of Votes. The counting of votes shall be made in the
24 
following manner: the electoral board shall unfold the ballots and form separate
25 
piles of one hundred ballots each, which shall be held together with rubber bands,
26 
with cardboard of the size of the ballots to serve as folders. The chairperson of the
27 
barangay electoral board shall take the ballots of the first pile one by one and read
28 
the names of candidates voted for and the offices for which they were voted in the
29 
order in which they appear thereon, assuming such a position as to enable all of the
30 
watchers to read such names. The chairperson shall sign and affix his right hand
31 
thumbmark at the back of the ballot immediately after it is counted. The poll clerk,
32 
and the third member, respectively, shall record on the election returns and the tally
33 
board or sheet each vote as the names voted for each office are read.
34 
Each vote shall be recorded by a vertical line, except every fifth vote which
35 
shall be recorded by a diagonal line crossing the previous four vertical lines. After
36 
finishing the first pile of ballots, the barangay electoral board shall determine the
37 
total number of votes recorded for each candidate, the sum being noted on the tally
38 
board or sheet and on the election returns. In case of discrepancy such recount as
39 
may be necessary shall be made. The ballots shall then be grouped together again
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1 
as before the reading. Thereafter, the same procedure shall be followed with the
2 
second pile of ballots and so on successively. After all the ballots have been read,
3 
the barangay electoral board shall sum up the totals recorded for each candidate,
4 
and the aggregate sum shall be recorded both on the tally board or sheet and on
5 
the election returns. It shall then place the counted ballots in an envelope provided
6 
for the purpose, which shall be closed signed and deposited in the compartment for
7 
valid ballots. The tally board or sheet as accomplished and certified by the barangay
8 
electoral board shall not be changed or destroyed but shall be kept in the
9 
compartment for valid ballots.
10 
In reading the individual official ballots during the counting, the chairperson,
11 
the poll clerk and the third member shall assume such positions as to provide the
12 
watchers, as may be conveniently accommodated in the polling place, an unimpeded
13 
view of the ballot being read by the chairman, of the election return and the tally
14 
board being simultaneously accomplished by the poll clerk and the third member
15 
respectively, without touching any of these election documents. The table shall be
16 
cleared of all unnecessary writing paraphernalia. Any violation of this requirement
17 
shall constitute an election offense.
18 
As may be necessary, the Commission shall promulgate supplemental rules
19 
and guidelines that the Barangay Electoral Boards shall observe in the counting of
20 
votes to the end that the counting of votes shall be done in an expeditious,
21 
transparent, and accurate manner.
22 
SEC. 317. Appreciation of Baiiots. - In the appreciation of the ballots, every
23 
ballot shall be presumed valid unless there is clear and good reason to justify its
24 
rejection. Any question on the appreciation of ballots shall be decided by a majority
25 
of the members of the barangay electoral board. No watcher, candidate, or any
26 
other person shall be allowed to participate in the appreciation of ballots, except that
27 
any watcher may file a protest which shall be recorded in the Minutes.
28 
The barangay electoral board shall observe the following rules for the
29 
appreciation of ballots, bearing in mind that the objective of the election is to obtain
30 
the expression of the voter's will:
31 
(1) Where only the first name of a candidate or only his surname is written,
32 
the vote for such candidate is valid, if there is no other candidate with the
33 
same first name or surname for the same office.
34 
(2) Where only the first name of a candidate is written on the ballot, which
35 
when read, has a sound similar to the surname of another candidate, the
36 
vote shall be counted in favor of the candidate with such surname. If there
37 
are two or more candidates with the same full name, first name or
38 
surname and one of them is the incumbent, and on the ballot is written
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1
2
3
4
5
6
7
8 
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
(3)
(4)
(5)
(6)
(7)
(8)
only such full name, first name or surname, the vote shall be counted in 
favor of the incumbent.
In case the candidate is a woman who uses her maiden or married 
surname or both and there is another candidate with the same surname, a 
ballot bearing only such surname shall be counted in favor of the candidate 
who is an incumbent.
When two or more words are written on the same line on the ballot, all of 
which are the surnames of two or more candidates, the same shall not be 
counted for any of them, unless one is a surname of an incumbent who 
has served for at least one year in which case it shall be counted in favor 
of the latter.
When two or more words are written on different lines on the ballot all of 
which are the surnames of two or more candidates bearing the same 
surname for an office for which the law authorizes the election of more 
than one and there are the same number of such surnames written as 
there are candidates with that surname, the vote shall be counted in favor 
of all the candidates bearing the surname.
When on the ballot is written a single word which is the first name of a 
candidate and which is at the same time the surname of his opponent, the 
vote shall be counted in favor of the latter.
When two words are written on the ballot, one of which is the first name of 
the candidate and the other is the surname of his opponent, the vote shall 
not be counted for either.
A name or surname incorrectly written which, when read, has a sound 
similar to the name or surname of a candidate when correctly written shall 
be counted in his favor;
(9) 
When a name of a candidate appears in a space of the ballot for an office 
for which he is a candidate and in another space for which he is not a 
candidate, it shall be counted in his favor for the office for which he is a 
candidate and the vote for the office for which he is not a candidate shall 
be considered as stray, except when it is used as a means to identify the 
voter, in which case, the whole ballot shall be void.
(10) When in a space in the ballot there appears a name of a candidate that is 
erased and another clearly written, the vote is valid for the latter.
(11) The erroneous initial of the first name which accompanies the correct 
surname of a candidate, the erroneous initial of the surname 
accompanying the correct first name of a candidate, or the erroneous 
middle initial of the candidate shall not annul the vote in favor of the latter.
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1 
(12) The fact that there exists another person who is not a candidate with the
2 
first name or surname of a candidate shall not prevent the adjudication of
3 
the vote of the latter.
4 
(13) Ballots which contain prefixes such as "Sr.", "Mr.", "Datu", "Don", "Ginoo",
5 
"Hon.", "Gob." or suffixes like "Hijo", "Jr.", "Segundo", are valid.
6 
(14) The use of the nicknames and appellations of affection and friendship, if
7 
accompanied by the first name or surname of the candidate, does not
8 
annul such vote, except when they were used as a means to identify the
9 
voter, in which case the whole ballot is invalid; Provided, That if the
10 
nickname used is unaccompanied by the name or surname of a candidate
11 
and it is the one by which he is generally or popularly known in the locality,
12 
the name shall be counted in favor of said candidate, if there is no other
13 
candidate for the same office with the same nickname.
14 
(15) Any vote containing initials only or which is illegible or which does not
15 
sufficiently identify the candidate for whom it is intended shall be
16 
considered as a stray vote but shall not invalidate the whole ballot.
17 
(16) If on the ballot is correctly written the first name of a candidate but with a
18 
different surname, or the surname of the candidate is correctly written but
19 
with different first name, the vote shall not be counted in favor of any
20 
candidate having such first name and/or surname but the ballot shall be
21 
considered valid for other candidates.
22 
(17) Any ballot written with crayon, lead pencil, or in ink, wholly or in part, shall
23 
be valid.
24 
(18) Where there are two or more candidates voted for in an office for which
25 
the law authorizes the election of only one, the vote shall not be counted in
26 
favor of any of them, but this shall not affect the validity of the other votes
27 
therein.
28 
(19) If the candidates voted for exceed the number of those to be elected, the
29 
ballot is valid, but the votes shall be counted only in favor of the
30 
candidates whose names were firstly written by the voter within the spaces
31 
provided for said office in the ballot until the authorized number is covered.
32 
(20) Any vote in favor of a person who has not filed a certificate of candidacy or
33 
in favor of a candidate for an office for which he did not present himself
34 
shall be considered as a stray vote but it shall not invalidate the whole
35 
ballot.
36 
(21) Ballots containing the name of a candidate printed and pasted on a blank
37 
space of the ballot or affixed thereto through any mechanical process are
38 
totally null and void.
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1 
(22) Circles, crosses or lines put on the spaces on which the voter has not voted
2 
shall be considered as signs to indicate his desistance from voting and shall
3 
not invalidate the ballot.
4 
(23) Unless it should clearly appear that they have been deliberately put by the
5 
voter to serve as identification marks, commas, dots, lines, or hyphens
6 
between the first name and surname of a candidate, or in other parts of
7 
the ballot, traces of the letter "T", "J", and other similar ones, the first
8 
letters or syllables of names which the voter does not continue, the use of
9 
two or more kinds of writing and unintentional or accidental flourishes,
10 
strokes, or strains, shall not invalidate the ballot.
11 
(24) Any ballot which clearly appears to have been filled by two distinct persons
12 
before it was deposited 
in the ballot box during the voting is totally null
13 
and void.
14 
(25) Ballots wholly written in Arabic in localities where it is of general use are
15 
valid. To read them, the barangay electoral board may employ an
16 
interpreter who shall take an oath that he shall read the votes correctly.
17 
(26) The accidental tearing or perforation of a ballot does not annul it.
18 
(27) Failure to remove the detachable coupon from a ballot does not annul such
19 
ballot.
20 
SEC. 318. The barangay board of canvassers.-
21 
(1) There shall be one barangay board of canvassers in each barangay to canvass
22 
the election returns for both the barangay and sangguniang kabataan
23 
elections and thereafter to proclaim the winning candidates.
24 
The Commission, through the election officer, shall constitute the barangay
25 
board of canvassers at least ten days before the election. The barangay board
26 
of canvassers shall be composed of a Chairperson, Vice-Chairperson and
27 
Member-Secretary. The members of the barangay board of canvassers shall
28 
possess the same qualifications as those of the members of the barangay
29 
electoral board. They shall likewise be subject to the same disqualifications
30 
set forth in this Code for members of the barangay electoral board.
31 
In the appointment of the members of the barangay board of canvassers, the
32 
election officer shall give preference to public school teachers. In case there
33 
are not enough public school teachers, teachers in private schools, employees
34 
in the civil service, or other citizens of known probity and competence who
35 
are registered voters of the city or municipality may be appointed for election
36 
duty.
37 
In a barangay with only one (1) barangay electoral board, said board shall
38 
convert itself as the barangay board of canvassers. In case the number of
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1 
persons qualified to serve as members of the barangay board of canvassers is
2 
inadequate, the Commission shall designate the chairperson and members of
3 
the barangay board of canvassers from among the barangay electoral boards.
4 
In no case shall any of the members of the Barangay Electoral Board be
5 
related within the fourth (4th) civil degree of consanguinity or affinity to any
6 
other member of the same board.
7 
(2) The Commission shall have direct supervision and control over the barangay
8 
board of canvassers or any sub-canvassing unit that the Commission may
9 
constitute.
10 
(3) At least five (5) days before the meeting of the barangay board of
11 
canvassers, the Chairperson shall give notice of the date, time, and place of
12 
its meeting to all members thereof, including any sub-canvassing units, and to
13 
each candidate.
14 
(4) The barangay board of canvassers shall meet immediately after the close of
15 
voting in the voting center that is most accessible, as determined by the
16 
election officer. After canvassing the results from the various polling places
17 
within the barangay, in accordance with the rules laid down by the
18 
Commission, the barangay board of canvassers shall proclaim the winners.
19 
The board of canvassers shall accomplish the certificate of canvass and
20 
proclamation in four copies on a form to be prescribed by the Commission.
21 
The original of the certificate shall be sent to the election officer concerned,
22 
the second copy shall be delivered to the winning candidate for Punong
23 
Barangay or Chairperson of the Sangguniang Kabataan, the third copy to the
24 
secretary of the sangguniang bayan or sangguniang panglunsod, as the case
25 
may be, and the fourth copy shall be kept on file by the secretary of the
26 
sangguniang barangay.
27 
(5) The Commission shall promulgate rules and regulations to guarantee the
28 
safekeeping of canvassed election returns and to ensure an expeditious,
29 
accurate, and honest canvassing of votes and proclamation of winning
30 
candidates.
31 
SEC. 319. Watchers. - Every candidate for the Barangay and sangguniang
32 
kabataan Elections shall be entitled to one (1) watcher in every polling place or
33 
canvassing center.
34 
Duly accredited citizen's arms of the Commission shall be entitled to appoint a
35 
watcher in every polling place or canvassing center. Other civic, professional,
36 
business, service, youth, and any other similar organization, with prior authority if
37 
the Commission, shall be entitled collectively to appoint one watcher in every polling
38 
place.
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Preference shall be given to the watchers of the citizens' arms and punong
2 
barangay and sangguniang kabataan chairperson candidates, in case the space
3 
reserved for watchers is not sufficient.
4 
The watchers for the barangay or sangguniang kabataan shall have, to the
5 
extent practicable, the same qualifications, disqualifications, rights, duties, and
6 
privileges set forth in this Code for watchers in the national and local elections.
7 
SEC. 320. Funding. - The Commission shall be responsible for defraying the
8 
expenses relative to the conduct of the barangay and sangguniang kabataan
9 
elections including, but not limited to, of the members of the electoral board, board
10 
of canvassers and the printing of election forms and procurement of other election
11 
paraphernalia, and the installation of polling booths.
12
13 
Article 30
14 
Recall Elections
15 
SEC. 321. Initiation of the Recall Process. - The recall process may be
16 
initiated by either a valid resolution by a preparatory recall assembly as provided for
17 
under Section 70 of R.A. 7160, or by a petition signed by at least twenty-five percent
18 
(25%) of the total number of registered voters in the local government unit
19 
concerned during the election in which the local official sought to be recalled was
20 
elected.
21 
In case the recall process is initiated by petition, the same must be signed in
22 
a public place, before the election officer or his representative and in the presence
23 
of a representative of the petitioners and of the official sought to be recalled. In
24 
case the recall process involves a provincial or district official, the petition shall be
25 
signed before the election officer of the city or municipality where the person signing
26 
the same is registered as a voter during the last local election. Signature stations
27 
may be established in as many places as may be warranted
28 
The resolution or petition shall be filed with the election officer in cases
29 
involving municipal or city officials and with the provincial election supervisor in
30 
cases involving provincial or district officials.
31 
SEC. 322. Verification of the sufficiency of the petition. - After the filing of
32 
the petition, the election officer or provincial election supervisor concerned shall
33 
immediately transmit a digital and physical copy thereof to the Commission.
34 
The Commission shall cause the publication of the petition in a newspaper of
35 
general circulation in the local government unit concerned, if available. If such
36 
newspaper is not available, then in a newspaper of general circulation in the
37 
province or region where said local government unit is located. Such publication
38 
must state the full names of those who signed the petition. At the same time, the
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1 
Commission shall require a report under oath from the election officers containing
2 
the following matters, among others:
3 
(1) The number of petitioners who were registered voters during the last local
4 
election and who signed the petition in the presence of the election officer or
5 
his representatives;
6 
(2) The total number of registered voters in the municipality or city in the last
7 
local election;
8 
Any person who did not sign the petition but whose name or apparent
9 
signature appears thereon shall inform the election officer of such fact. Upon
10 
presentation of such person's proof of identity, the election officer shall consider
11 
such person as not having signed the petition: Provided, That the person who shall
12 
forge or simulate the signature of another shall be guilty of an election offense.
13 
The election officer shall submit aforesaid report within fifteen (15) days from
14 
receipt of order for submission. After the submission of the reports from the election
15 
officer, the Commission shall, within ten (10) days, determine whether at least
16 
twenty-five percent (25%) of the total number of registered voters in the local
17 
government unit concerned have signed the petition. In case aforesaid threshold is
18 
met, the Commission shall announce the acceptance of candidates to the position
19 
involved. If said threshold is not met, the Commission shall dismiss the petition.
20 
SEC. 323. Verification of sufficiency of the resoiution. - If the recall process is
21 
initiated by resolution, the election officer, or, in case of provincial or district
22 
officials, the provincial election supervisor, shall submit a verified report to the
23 
Commission as to whether the requirements under Section 70 of R.A. 7160 were
24 
met. The Commission shall then require the official subject of the recall and the
25 
proponents of such recall to file a comment on the report of the election officer/s
26 
within five (5) days.
27 
Within ten (10) days from the submission of the last pleading, the
28 
Commission shall decide whether the recall election will be held.
29 
SEC. 324. Eiection on Recaii. - In case of sufficiency of the petition or
30 
resolution, the Commission shall set the date of the election on recall, which shall
31 
not be later than forty-five (45) days after the filing of the resolution or petition for
32 
recall in the case of the Barangay officials; sixty (60) days in the case of municipal or
33 
city official; and seventy-five (75) days in case of district or provincial officials. The
34 
official or officials sought to be recalled shall automatically be considered as duly
35 
registered candidate or candidates to the pertinent positions and, like other
36 
candidates, shall be entitled to be voted upon. The Commission shall set the election
37 
and campaign periods therefor.
38 
SEC. 325. Effactivity of Recall. - The recall of an elective local official shall be
39 
effective only upon the election and proclamation of a successor in the person of the
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1 
candidate receiving the highest number of votes cast during the election on recall.
2 
Should the official sought to be recalled receive the highest number of votes,
3 
confidence in him is thereby affirmed, and he shall continue in office.
4 
SEC. 326. Prohibition from Resignation. - The elective local official sought to
5 
be recalled shall not be allowed to resign while the recall process is in progress.
6 
SEC. 327. Limitations on Recaii. -
1 
(a) Any elective local official may be the subject of a recall election only once
8 
during his term of office for loss of confidence;
9 
(b) No recall shall take place within one (1) year from the date of the official's
10 
assumption to office or one (1) year immediately preceding a regular local
11 
election.
12 
SEC. 328. Conduct of Recaii Eiection. - The conduct of recall elections shall
13 
be governed, to the extent feasible, by Articles 7, 8, 9, 10, 11, 13, 14, 15, 16, 17,
14 
20, 21, and 22 of this Code: Provided, however, That in case the recall elections
15 
pertain to a barangay official, the voting, counting, and canvassing of votes therein
16 
shall be governed by Article 29 of this Code.
17 
The Commission shall promulgate such rules and regulations as may be
18 
necessary to ensure that the recall elections are conducted in free, orderly, honest,
19 
transparent, and credible manner.
20
21 
CHAPTER VIII
22 
PLEBISCITE, REFERENDUM AND INITIATIVE
23
24 
Article 31
25 
Plebiscites
26 
SEC. 329. Supervision and controi. - The Commission shall have direct
27 
supervision and control over the conduct of the plebiscites.
28 
SEC. 330. Expenses and eiection forms and paraphernaiia. - Unless the
29 
contrary is provided by the law calling for the plebiscite, the expenses in holding
30 
such plebiscite, which shall include the printing of official ballots, plebiscite returns
31 
and other forms; the procurement of supplies and paraphernalia; the honoraria,
32 
allowances, service credits and other benefits of the members of the Plebiscite
33 
Committee (PlebCom) and their support staff, the plebiscite board of canvassers,
34 
sub-canvassing groups, if any, and their support staff; other operational and
35 
incidental expenses; and the costs of publication of resolutions and information
36 
materials, shall be borne by the local government unit or units affected.
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1 
SEC. 331. Information campaign. - The Commission, in coordination with the
2 
local government units affected, shall launch an extensive information campaign
3 
within such period as the Commission may find sufficient and reasonable to properly
4 
inform the voters of the issues involved in the plebiscite.
5 
SEC. 332. Right of government officials and employees to express opinion for
6 
or against the ratification. - All government officials and employees as well as those
7 
in government-owned or controlled corporations with original charters, may publicly
8 
express their opinions on any issues related to the plebiscite.
9 
SEC. 333. Prohibition on Commission officials, employees and its deputies. -
10 
In order to maintain an independent and non-partisan status, all Commission
11 
officials and its deputies are prohibited from publicly expressing their opinion on any
12 
issue related to the plebiscite.
13 
SEC. 334. Who may participate. - All registered voters of the local
14 
government unit/s affected by the plebiscite, as of the immediately preceding
15 
hearing of the Election Registration Board, may participate in the plebiscite.
16 
SEC. 335. Plebiscite Committees (PiebComs). - The election officer/s of the
17 
municipalities and cities covered by the plebiscite or where the barangay subject of
18 
the plebiscite is located shall constitute and appoint PiebComs for every
19 
clustered/grouped precinct. The PlebCom shall be composed of a Chairman and two
20 
(2) members, one of whom shall be designated as Poll Clerk, and the other as Third
21 
Member. The members of the PlebComm shall have the same qualifications and shall
22 
be subject to the same disqualifications, whenever applicable, as the members of
23 
the Electoral Board. They shall be entitled to such allowances and honoraria as the
24 
Commission deems just and reasonable under the circumstances.
25 
The PlebCom shall have the following powers and duties:
26 
(a) Supervise and conduct the voting in the polling places;
27 
(b) Count the votes and thereafter prepare the plebiscite returns and other
28 
required documents/reports and distribute the same as herein provided;
29 
(c) Furnish watchers certificate of votes upon request;
30 
(d)Act as deputies of the Commission in the supervision and control of 
the
31 
plebiscite in the polling places wherein they are assigned to ensure the
32 
holding of free, orderly, honest, peaceful and credible plebiscite;
33 
(e) Maintain order within the polling place and its premises, to keep access
34 
thereto, open and unobstructed, and to enforce obedience to its lawful
35 
orders; and
36 
(f) Perform such other functions/duties as may be prescribed by the Commission.
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1 
If any person shall refuse to obey lawful orders of the PlebCom or shall
2 
conduct himself in a disorderly manner in its presence or within its hearing thereby
3 
interrupting or disturbing its proceedings, the PlebCom may issue an order in writing
4 
directing any peace officer to take such person into custody until the adjournment of
5 
the meeting, but such order shall not be executed as to prevent the person so taken
6 
into custody from exercising his right to vote. Such order shall be executed by any
7 
peace officer to whom it may be delivered, but if none is present, by any other
8 
person deputized by the PlebCom in writing.
9 
No member of the PlebCom shall, directly or indirectly, take part in the
10 
plebiscite, except to discharge the Member's duties as such, and to vote.
11 
SEC. 336. Proceedings of the PlebCom. - The meeting of the PlebCom shall
12 
be public and shall be held in the polling place authorized by the Commission.
13 
SEC. 337. Functioning of the PiebCom. - The PlebCom shall act through its
14 
Chairperson, and shall decide without delay by majority vote all questions which may
15 
arise in the performance of its duties.
16 
SEC. 338. Temporary vacancies. - If, at the time of the meeting of the
17 
PlebCom, any member is absent, or the office is still vacant, the members present
18 
shall call upon the substitute of the absent members to perform the duties of the
19 
absent members, and in case such substitute cannot be found, the members present
20 
shall appoint any non-partisan registered voter of the polling place to temporarily fill
21 
the vacancy until the absent member appears or the vacancy is filled. In case there
22 
are two members present they shall act jointly.
23 
SEC. 339. Plebiscite Board of Canvassers, their compositions; functions. -
24 
The Commission shall constitute the plebiscite board/s of canvassers as may be
25 
necessary for a particular plebiscite. The composition of the municipal, city,
26 
provincial, district, or regional plebiscite board of canvassers, as the case may be,
27 
shall be the same as that of the board of canvassers under Section 224 of this Code.
28 
In case of barangay plebiscites, the Commission shall determine the composition of
29 
the barangay plebiscite board of canvassers.
30 
The plebiscite board of canvassers shall be responsible for canvassing the
31 
plebiscite returns submitted by the PlebCom and for preparing the certificate of
32 
canvass of votes. The highest-level plebiscite board of canvassers in a particular
33 
plebiscite shall proclaim the result of such plebiscite.
34 
SEC. 340. Right to be present and to counsel. - Proponents or oppositors, if
35 
any, have the right to be present and to counsel during the canvass of the returns.
36 
Only one counsel shall argue for the proponents or oppositors. In case there are
37 
several counsels for the proponents or oppositors, they shall agree among
38 
themselves who will argue for them.
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1 
SEC. 341. Watchers; rights and duties. - The proponents and oppositors, and
2 
the citizens' arm of the Commission, may appoint watchers during the voting,
3 
counting and canvassing. The proponents, oppositors and citizens' arm shall have
4 
not more than one (1) watcher assigned in every polling place.
5 
For this purpose, the proponents or oppositors shall file a petition with the
6 
Commission for authority to field watchers during the voting, counting and
7 
canvassing.
8 
A person who is not a registered voter of the municipality, of questionable
9 
reputation, or who has been convicted of an election offense or any other crime
10 
shall not be appointed as watcher. Barangay officials, including barangay tanods, are
11 
disqualified to serve as watchers.
12 
The watchers shall have the right to:
13 
(a) be present at, and take note of all the proceedings;
14 
(b)read the ballot/plebiscite returns/certificates of canvass without touching
15 
them; and
16 
(c) file a protest against any irregularity noted in the ballot/plebiscite
17 
return/certificates of canvass or in the proceedings of the PlebCom or board
18 
of canvassers, as the case maybe, and obtain the resolution thereon in
19 
writing.
20 
The watcher shall not be allowed to participate in the deliberation of the
21 
Board. The provisions of Article 15 pertaining to watchers for the national and local
22 
elections shall apply whenever practicable.
23 
SEC. 342. Ruies and regulations pertaining to a plebiscite. - The Commission
24 
shall promulgate the rules and regulations in the conduct of each plebiscite,
25 
applying, to the extent feasible, the provisions of Article 11, concerning the Hybrid
26 
Election System; Articles 13 and 16, pertaining to the polling places and official
27 
ballots, respectively; and Articles 17, 20, and 21 on the casting, counting, and
28 
canvassing of votes, to the end that a free, orderly, honest, transparent, and
29 
credible plebiscite is conducted.
30
31 
Article 32
32 
National Initiative and Referendum
33 
SEC. 343. Who may exercise. - The power of national initiative and
34 
referendum may be exercised by all registered voters and the country.
35 
Section 344. Requirements for a National Initiative or Referendum. - To
36 
exercise the power of initiative to enact a national legislation or the power of
37 
referendum to approve or reject a statute, at least ten per centum (10%) of the
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1
2
3
5
6
7
8 
9
10
11
12
13
14
15
16
17
18
19
20 
21 
22
23
24
25
26
27
28
29
30
31
32
33
34
total number of the registered voters, of which every legislative district is 
represented by at least three per centum (3%) of the registered voters thereof, shall 
sign a petition for the purpose and register the same with the Commission.
The petition shall state the following:
(1) contents or text of the proposed law sought to be enacted, approved or 
rejected, amended or repealed, as the case may be;
(2) the proposition;
(3) the reason or reasons therefor;
(4) that it is not one of the exceptions provided herein;
(5) signatures of the petitioners or registered voters; and
(6) an abstract or summary in not more than one hundred (100) words which 
shall be legibly written or printed at the top of every page of the petition.
SEC. 345. Procedure in National Initiative or Referendum. - Within a period 
of thirty (30) days from receipt of the petition, the Commission shall, upon a 
preliminary determination of the sufficiency of the petition, publish the same in 
Filipino and English at least twice in newspapers of general and local circulation. 
The Commission shall then order the election officers to verify the signatures on the 
basis of the registry list of voters and the voter registration records used in the 
immediately preceding election. Within thirty (30) days from receipt of the order to 
verify the signatures, the election officers shall submit a report on the result of the 
verification to the provincial election supervisor. The election supervisor concerned 
shall, within forty-eight (48) hours from receipt of all the reports from the election 
officers, submit to the Commission a report on the results of the verification per 
legislative district.
Within fifteen (15) days from receipt of all the reports of the provincial 
election supervisors, the Commission shall make a final finding as to the sufficiency 
of the petition. Should the Commission determine that the petition is sufficient in 
form and substance, it shall set the date of the initiative or referendum which shall 
not be earlier than forty-five (45) days but not later than ninety (90) days from the 
determination by the Commission of the sufficiency of the petition.
SEC. 346. Effectivity of a National Initiative or Referendum Proposition. - The 
proposition of the enactment, approval, amendment or rejection of a national law 
shall be submitted to and approved by a majority of the votes cast by all registered 
voters.
35 
If, as certified to by the Commission, the proposition is approved by a
36 
majority of the votes cast, the national law proposed for enactment, approval, or
37 
amendment shall become effective fifteen (15) days following completion of its
38 
publication in the Official Gazette or in a newspaper of general circulation in the
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1 
Philippines. If, as certified by the Commission, the proposition to reject a national
2 
law is approved by a majority of the votes cast, the said national law shall be
3 
deemed repealed and the repeal shall become effective fifteen (15) days following
4 
the completion of publication of the proposition and the certification by the
5 
Commission in the Official Gazette or in a newspaper of general circulation in the
6 
Philippines.
7 
However, if the majority vote is not obtained, the national law sought to be
8 
rejected or amended shall remain in full force and effect.
9 
SEC. 347. Prohibited Measures in a Nationai Initiative or Referendum. - The
10 
following cannot be the subject of an initiative or referendum petition:
11 
(a) A petition embracing more than one (1) subject;
12 
(b) Statutes involving emergency measures, the enactment of which are
13 
specifically vested in Congress by the Constitution, unless such statues have
14 
been in effect for at least ninety (90) days;
15 
(c) Appropriation, revenue or tariff measures, those authorizing increase of the
16 
public debt, bills or laws of local application, and private bills or laws; or
17 
(d) Any other measure which is prohibited under the Constitution.
18 
SEC. 348. Referendum initiated by Congress. - The Congress may, by at
19 
least a twenty-five percent (25%) vote of both Houses, voting separately, submit to
20 
the registered voters for the approval or rejection of any law or resolution duly
21 
enacted or approved: Provided, That the prohibited measures enumerated in the
22 
preceding section shall not be subject to a referendum initiated by Congress.
23 
Said referendum shall be held under the control and direction of the
24 
Commission within ninety (90) days from submission of the resolution by both house
25 
of Congress that aforesaid law or resolution shall be submitted for referendum.
26 
The Commission shall certify and proclaim the results of the said referendum
27
28 
Article 33
29 
Local Initiative and Referendum
30 
SEC. 349. Who may exercise. - The power of local initiative and referendum
31 
may be exercised by all voters registered in the region, province, city, municipality,
32 
or barangay concerned, and by the autonomous regions, provinces, cities,
33 
municipalities, and barangays.
34 
SEC. 350. Procedure and Requirements in Local Initiative and Referendum. -
35 
(a) Not less than two thousand (2,000) registered voters in case of autonomous
36 
regions, one thousand (1,000) in case of provinces and cities, one hundred (100)
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1 
in case of municipalities, and fifty (50) in case of barangays, may file a petition
2 
with the Regional Assembly or local legislative body, respectively, proposing the
3 
adoption, enactment, repeal, or amendment, of any law, ordinance or resolution.
4 
(b) If no favorable action thereon is made by local legislative body within (30) days
5 
from its presentation, the proponents, through their duly authorized
6 
representative, may invoke their power of initiative, giving notice thereof to the
7 
local legislative body concerned. Thereafter, the proponents shall have one
8 
hundred twenty (120) days in case of autonomous regions; ninety (90) days in
9 
case of provinces and cities; sixty (60) days in case of municipalities; and thirty
10 
(30) days in case of barangays, to file a petition before the Commission with the
11 
following number of signatures:
12 
(1) In cases involving a legislative measure in an autonomous region, a
13 
province or a city, at least ten percent (10%) of the registered voters
14 
therein, of which every legislative district must be represented by at least
15 
three percent (3%) of the registered voters therein: Provided, however,
16 
That if the province or city is composed only of one (1) legislative district,
17 
then at least each municipality in a province or each barangay in a city
18 
should be represented by at least three percent (3%) of the registered
19 
voters therein.
20 
(2) In cases involving a legislative measure in a municipality, at least ten
21 
percent (10%) of the registered voters in the municipality, of which every
22 
barangay is represented by at least three per centum (3%) of the
23 
registered voters therein.
24 
(3) In cases involving a legislative measure in a barangay resolution, at least
25 
ten percent (10%) of the registered voters in said barangay.
26 
(c) The petition shall be signed before the election officer, or his or her designated
27 
representatives, in the presence of a representative of the proponent, and a
28 
representative of the regional assemblies and local legislative bodies concerned
29 
in a public place in the autonomous region or local government unit, as the case
30 
may be. Signature stations may be established in as many places as may be
31 
warranted.
32 
(d) Upon the lapse of the period herein provided, the Commission, through its office
33 
in the local government unit concerned, shall certify as to whether or not the
34 
required number of signatures has been obtained. Failure to obtain the required
35 
number is a defeat of the proposition.
36 
(e) If the required number of the signatures is obtained, the Commission shall then
37 
set a date for the initiative at which the proposition shall be submitted to the
38 
registered voters in the local government unit concerned for their approval
39 
within ninety (90) days from the date of certification by the Commission, in case
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1 
of autonomous regions, sixty (60) days in case of the provinces and cities, forty-
2 
five (45) days in case of municipalities, and thirty (30) days in case of
3 
barangays. The initiative shall then be held on the date set, after which the
4 
results thereof shall be certified and prociaimed by the Commission on Eiections.
5 
SEC. 351. Effectivity of Local Propositions. - If, as certified by the
6 
Commission, the proposition is approved by a majority of the votes cast, the regional
7 
law or local ordinance proposed for enactment, approval, or amendment shall
8 
become effective fifteen (15) days following completion of its pubiication in the
9 
Official Gazette or in a newspaper of general circulation in the autonomous region,
10 
province, city or municipality, as the case may be. In case of barangay ordinance,
11 
the same shall become effective after it has been posted in three (3) conspicuous
12 
places in the Barangay continuously for a period of not less than two (2) weeks.
13 
If, as certified by the Commission, the proposition to reject a regional law or
14 
local ordinance is approved by a majority of the votes cast, the said iegisiative
15 
measure shall be deemed repealed and the repeal shall become effective fifteen (15)
16 
days following the completion of publication of the proposition and the certification
17 
by the Commission in the Official Gazette or in a newspaper of general circulation in
18 
the autonomous region, province, city or municipality, as the case may be. In case
19 
of a barangay ordinance, the repeal shall become effective after the proposition and
20 
the certification by the Commission has been posted in three (3) conspicuous places
21 
in the Barangay continuousiy for a period of not less than two (2) weeks.
22 
However, if the majority vote is not obtained, the regional law or local
23 
ordinance sought to be rejected or amended shall remain in fuil force and effect
24 
SEC. 352. Limitations on Local Initiative and Referendum. -
25 
(a) The power of local initiative and referendum shaii not be exercised more than
26 
once a year.
27 
(b) Initiative shall extend only to subjects or matters which are within the legal
28 
powers of the local legislative bodies to enact.
29 
(c) If at any time before the initiative is held, the local legislative body shall adopt in
30 
toto the proposition presented, the initiative shall be cancelled. Likewise, if at
31 
any time before the referendum is held, the ordinance sought to be rejected is
32 
compietely repealed, the referendum shall be cancelled.
33 
SEC. 353. Limitations Upon Local Legislative Bodies. - Any proposition or
34 
ordinance or resolution approved, amended, or rejected through the system of
35 
initiative and referendum as herein provided shall not be repealed, modified,
36 
amended, or re-enacted, as the case may be, by the local legislative body concerned
37 
within six (6) months from the date therefrom, and may be amended, modified,
38 
repeaied, or re-enacted by the iocal Iegisiative body within three (3) years thereafter
39 
by a vote of three-fourths (3/4) of all its members: Provided, however, that in case
156


1 
of barangays, the period shall be one (1) year after the expiration of the first six (6)
2 
months.
3 
SEC. 354. Referendum initiated by iocai iegisiative bodies. - Any local
4 
legislative body may submit to the registered voters of autonomous region,
5 
provinces, cities, municipalities and barangays for the approval or rejection, any
6 
ordinance or resoiution duly enacted or approved.
7 
Said referendum shall be held under the control and direction of the
8 
Commission within sixty (60) days in case of provinces and cities, forty-five (45)
9 
days in case of municipalities and thirty (30) days in case of barangays.
10 
The Commission shall certif/ and proclaim the results of the said referendum.
11
12 
Article 34
13 
Initiative to Amend the Constitution
14 
SEC. 355. Requirements for an Initiative to Amend the Constitution. - A
15 
petition for an initiative on the 1987 Constitution must have at least twelve per
16 
centum (12%) of the total number of registered voters as signatories, of which
17 
every legislative district must be represented by at least three per centum (3%) of
18 
the registered voters therein. Initiative on the Constitution may be exercised only
19 
once every five (5) years. The petition shall state the following:
20 
(l)the particular sentences, phrases, or words in the Constitution sought to be
21 
modified or deleted;
22 
(2) the Article and Section number where such sentences, phrases, or words are
23 
found;
24 
(3) the proposed modification or the sentences, phrases, or words sought to be
25 
written, if any, in lieu of those which are sought to be deleted.
26 
(4) the reason or reasons therefor;
27 
(5) signatures of the petitioners or registered voters; and
28 
(6) an abstract or summary in not more than one hundred (100) words which
29 
shall be legibly written or printed at the top of every page of the petition.
30 
SEC. 356. Procedure in Initiative to Amend the Constitution. - Within a
31 
period of thirty (30) days from receipt of the petition, the Commission shall, upon a
32 
preliminary determination of the sufficiency of the petition, publish the same in
33 
Filipino and English at ieast twice in newspapers of general and local circulation.
34 
The Commission shall then order the election officers to verify the signatures on the
35 
basis of the registry list of voters and the voter registration records used in the
36 
immediately preceding election. Within thirty (30) days from receipt of the order to
37 
verify the signatures, the election officers shall submit a report on the result of the
157


1 
verification to the provincial election supervisor. The election supervisor concerned
2 
shall, within forty-eight (48) hours from receipt of all the reports from the election
3 
officers, submit to the Commission a report on the results of the verification per
4 
legislative district.
5 
Within fifteen (15) days from receipt of all the reports of the provincial
6 
election supervisors, the Commission shall make a final finding as to the sufficiency
7 
of the petition. Should the Commission determine that the petition is sufficient in
8 
form and substance, it shall set the date of the plebiscite which shall not be earlier
9 
than ninety (90) days but not later than one hundred and twenty (120) days from
10 
the determination by the Commission of the sufficiency of the petition.
11 
SEC. 357. Effectivity of the Amendment - The proposition in an initiative on
12 
the Constitution approved by a majority of the votes cast in the plebiscite shall
13 
become effective as to the day of the plebiscite.
14
15 
CHAPTER IX
16 
PRE-PROCLAMATION CONTROVERSIES AND ELECTION CONTESTS
17
18 
Article 35
19 
Pre-proclamation Controversies
20 
SEC. 358. Nature of a pre-proclamation controversy. - A pre-proclamation
21 
controversy refers to any question pertaining to or affecting the proceedings of the
22 
board of canvassers or barangay board of canvassers, which may be raised by any
23 
candidate or by any registered political or sectoral party, sectoral organization, or
24 
coalition of political parties before the board or directly with the Commission, or any
25 
matter raised under Sections 242, 243, 244, and 245 in relation to the preparation,
26 
transmission, receipt, custody and appreciation of the election returns.
27 
SEC. 359. Commission's power to annul or suspend proclamations. - The
28 
Commission may, after due notice and hearing, order the partial or total suspension
29 
of the proclamation of any candidate-elect or annul partially or totally any
30 
proclamation, if one has been made, if the evidence shall warrant.
31 
SEC. 360. Pre-proclamation Cases Involving Provincial, City and Municipal
32 
Offices. - Pre-proclamation cases involving provincial, city, municipal, and barangay
33 
offices shall be allowed and shall be governed by the provisions of this Article.
34 
All pre-proclamation cases pending before the Commission shall be deemed
35 
terminated at the beginning of the term of the office involved and the rulings of the
36 
boards of canvassers concerned shall be deemed affirmed, without prejudice to the
37 
filing of a regular election protest by the aggrieved party. However, proceedings may
38 
continue when, on the basis of the evidence thus far presented, the Commission
158


1 
determines that the petition appears meritorious and accordingly issues an order for
2 
the proceeding to continue or when an appropriate order has been issued by the
3 
Supreme Court in a petition for certiorari.
4 
SEC. 361. Pre - proclamation Cases in Elections for President, Vice-President,
5 
Senator, and Member of the House of Representatives. - For purpose of the
6 
elections for president, vice - president, senator, and member of the House of
7 
Representatives, no pre-proclamation cases shall be allowed on matters relating to
8 
the preparation, transmission, receipt, custody and appreciation of election returns
9 
or the certificates of canvass, as the case may be, expect as provided for in Section
10 
238 of this Code. However, this does not preclude the authority of the appropriate
11 
canvassing body motu propio or upon written complaint of an interested person to
12 
correct manifest errors in the certificate of canvass or election returns before it.
13 
Questions affecting the composition or proceedings of the board of
14 
canvassers or barangay board of canvassers may be initiated in the board or directly
15 
with the Commission.
16 
Any objection on the election returns before the barangay, city or municipal
17 
board of canvassers, or the municipal or city certificates of canvass before the
18 
provincial board of canvassers or district board of canvassers, shall specifically
19 
noticed in the minutes of their respective proceeding.
20 
SEC. 362. Issues that may be raised in pre-proclamation controversy. - The
21 
following shall be proper issues that may be raised in a pre-proclamation
22 
controversy:
23 
(a) Illegal composition or proceedings of the board of canvassers or barangay
24 
board of canvassers as the case may be;
25 
(b) The canvassed election returns are incomplete, contain material defects,
26 
appear to be tampered with or falsified, or contain discrepancies in the same
27 
returns or in other authentic copies thereof as mentioned in Sections 242, 243,
28 
244, and 245 of this Code;
29 
(c) The election returns were prepared under duress, threats, coercion, or
30 
intimidation, or they are obviously manufactured or not authentic; and
31 
(d) When substitute or fraudulent returns in controverted polling places were
32 
canvassed, the results of which materially affected the standing of the
33 
aggrieved candidate or candidates.
34 
SEC. 363. Contested composition or proceedings of the board. - Questions
35 
affecting the composition or proceedings of the board of canvassers or barangay
36 
board of canvassers may be initiated in the board of canvassers or barangay board
37 
of canvassers, as the case may be, or directly with the Commission.
159


1 
When such issue is initiated before the board of canvassers or barangay
2 
board of canvassers, such board shall, within twenty-four hours, make a ruling
3 
thereon with notice to the contestant who, if adversely affected, may appeal the
4 
matter to the Commission within three (3) days from a ruling thereon. The
5 
Commission shall summarily decide the case within five (5) days from filing thereof.
6 
SEC. 364. Correction of Manifest Errors. - A pre-proclamation case may be
7 
filed directly with the Commission when the issue involves the correction of manifest
8 
errors in the tabulation or tallying of election returns, or certificates of canvass,
9 
during the canvassing as where:
10 
(a) a copy of the election returns or certificate of canvass was tabulated more
11 
than once;
12 
(b)two or more copies of the election returns of one precinct, or two or more
13 
copies of certificate of canvass were tabulated separately;
14 
(c) there has been a mistake in the copying of the figures into the statement of
15 
votes or into the certificate of canvass; or
16 
(d) there has been any other palpable and incontrovertible error analogous to the
17 
foregoing.
18 
SEC. 365. Contested election returns. - Matters raised under Sections 243,
19 
244, and 245 of this Code in relation to the preparation, transmission, receipt,
20 
custody and appreciation of the election returns, and the certificates of canvass shall
21 
be brought in the first instance before the board of canvassers.
22 
(a) Any candidate, political party, coalition of political parties, or party-list group
23 
contesting the inclusion or exclusion in the canvass of any election returns on
24 
any of the grounds authorized under this Article or under Sections 243, 244,
25 
or 245 of this Code shall submit their oral objection to the chairman of the
26 
board of canvassers at the time the questioned return is presented for
27 
inclusion in the canvass. Such objection shall be recorded in the minutes of
28 
the canvass.
29 
(b) Upon receipts of any such objection, the board of canvassers shall
30 
automatically defer the canvass of the contested returns and shall proceed to
31 
canvass the returns which are not contested by any party.
32 
(c) Simultaneous with the oral objection, the objecting party shall also enter his
33 
objection in the form for written objections to be prescribed by the
34 
Commission. Within twenty-four (24) hours from and after the presentation of
35 
such an objection, the objecting party shall submit the evidence in support of
36 
the objection, which shall be attached to the form for written objections.
37 
Within the same period of twenty-four (24) hours after presentation of the
38 
objection, any party may file a written and verified opposition to the objection
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1 
in the form also to be prescribed by the Commission, attaching thereto
2 
supporting evidence, if any. The board shall not entertain any objection or
3 
opposition unless reduced to writing in the prescribed forms.
4 
The evidence attached to the objection or opposition, submitted by the
5 
parties, shall be immediately and formally admitted into the records of the
6 
board by the chairman affixing his signature at the back of each every page
7 
thereof.
8 
(d) Upon receipt of the evidence, the board shall take up the contested returns,
9 
consider the written objections thereto and opposition, if any, and summarily
10 
and immediately rule thereon. The board shall enter its ruling on the
11 
prescribed form and authenticate the same by the signatures of its members.
12 
(e) Any party adversely affected by the ruling of the board shall immediately
13 
inform the board if he or she intends to appeal said ruling. The board shall
14 
enter said information in the minutes of the canvass, set aside the returns
15 
and proceed to consider the other returns.
16 
(f) After all the uncontested returns have been canvassed and the contested
17 
return ruled upon by it, the board shall suspend the canvass. Within forty-
18 
eight (48) hours, therefrom, any party adversely affected by the ruling may
19 
file with the board a written and verified notice of appeal; and within an
20 
unextendible period of five (5) days thereafter an appeal may be taken to the
21 
Commission.
22 
(g) Immediately upon receipt of the notice of appeal, the board shall make an
23 
appropriate report to the Commission, elevating therewith the complete
24 
records and evidence submitted in the canvass, and furnishing the parties
25 
with copies of the report.
26 
(h) On the basis of the record and evidence elevated to it by the board, the
27 
Commission shall decide summarily the appeal within seven (7) days from
28 
receipt of said record and evidence. Any appeal brought before the
29 
Commission on the ruling of the board, without the accomplished forms and
30 
the evidence appended thereto, shall be summarily dismissed.
31 
The decision of the Commission shall be executory after the lapse of seven
32 
(7) days from receipts thereof by the losing party unless restrained by the
33 
Supreme Court.
34 
(i) The board of canvassers shall not proclaim any candidate as winner unless
35 
authorized by the Commission after the latter has ruled on the object brought
36 
to it on appeal by the losing party. Any proclamation made in violation hereof
37 
shall be void ab initio, unless the contested returns will not adversely affect
38 
the results of the election.
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1 
SEC. 366. Summary Disposition of Pre-prociamation Controversies. - All pre-
2 
proclamation controversies on election returns or certificates of canvass shall, on the
3 
basis of the records and evidence elevated to it by the board of canvassers, be
4 
disposed of summarily by the Commission within seven (7) days from receipt
5 
thereof. Its decisions shall be executory after the lapse of seven (7) days from
6 
receipt by the losing party of the decision of the Commission, unless restrained by
7 
the Supreme Court.
8 
SEC. 367. Partiaiprociamation. - Notwithstanding the pendency of any pre-
9 
proclamation controversy, the Commission may summarily order the proclamation of
10 
other winning candidates whose election will not be affected by the outcome of the
11 
controversy.
12 
SEC. 368. Effect of filing petition to annul or to suspend the proclamation. -
13 
The filing with the Commission of a petition to annul or to suspend the proclamation
14 
of any candidate shall suspend the running of the period within which to file an
15 
election protest or quo warranto proceedings.
16
17 
Article 36
18 
Election Contests
19 
SEC. 369. Jurisdiction of the Commission. - The Commission shall be the sole
20 
judge of all contests relating to the elections, returns, and qualifications of all
21 
elective regional, provincial, and city officials, and appellate jurisdiction over all
22 
contests involving elective municipal officials decided by trial courts of general
23 
jurisdiction, or involving elective barangay officials decided by trial courts of limited
24 
jurisdiction.
25 
SEC. 370. How initiated. - An election contest is initiated by the filing of an
26 
election protest or a petition for quo warranto against an elective official. An
27 
election protest shall not include a petition for quo warranto, nor shall a petition for
28 
quo warranto include an election protest.
29 
SEC. 371. Election protests for municipal and barangay offices. - A verified
30 
petition contesting the election or returns of an elective municipal or barangay
31 
official shall be filed with the proper regional trial court or municipal trial court, as
32 
the case may be, by any candidate who was voted for the same office and who
33 
received the second or third highest number of votes or, in a multi-slot position, was
34 
among the next four candidates following the last-ranked winner duly proclaimed, as
35 
reflected in the official results of the election contained in the Statement of Votes By
36 
Precinct, within ten days from the date of proclamation. The party filing the protest
37 
shall be designated as the protestant; the adverse party shall be known as the
38 
protestee. The petition shall be accompanied by a certification against forum-
39 
shopping.
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1 
Each contest shall refer exclusively to one office; however, contests for offices
2 
of Sangguniang Bayan or Sangguniang Barangay may be consolidated in one case.
3 
SEC. 372. Election protests for regional, provincial, and city offices. - A
4 
verified petition contesting the election or returns of a regional, provincial, or city
5 
elective official shall be filed with the Commission by any candidate who was voted
6 
for the same office and who received the second or third highest number of votes
7 
or, in a multi-slot position, was among the next four candidates following the last-
8 
ranked winner duly proclaimed, as reflected in the official results of the election
9 
contained in the Statement of Votes By Precinct, within ten days from the date of
10 
proclamation. The party filing the protest shall be designated as the protestant; the
11 
adverse party shall be known as the protestee. The petition shall be accompanied by
12 
a certification against forum-shopping.
13 
Each contest shall refer exclusively to one office; however, contests for offices
14 
of Sangguniang Panlalawigan, Sangguniang Panglungsod, or Parliaments of
15 
Autonomous Regions may be consolidated in one case.
16 
SEC. 373. Grounds for election protests. - An election protest shall be
17 
grounded on fraud or irregularities committed in the conduct of the elections, the
18 
casting and counting of the ballots, the transmission of results, and the preparation
19 
and canvassing of returns. The issue in every election protest shall always be who,
20 
among the candidates, obtained the plurality of valid votes cast.
21 
SEC. 374. Petition for quo warranto. - Any registered voter contesting the
22 
election of any regional, provincial, or city official on the ground of ineligibility or of
23 
disloyalty to the Republic of the Philippines shall file a verified petition for quo
24 
warranto with the Commission within ten days after the proclamation of such official.
25 
Any registered voter contesting the election of any municipal or barangay
26 
official on the ground of ineligibility or of disloyalty to the Republic of the Philippines
27 
shall file a verified petition for quo warranto with the regional trial court or first level
28 
court, respectively, within ten (10) days after the proclamation of such official.
29 
The petitions referred to in this section shall be accompanied by a certification
30 
against forum-shopping.
31 
SEC. 375. Procedure in election contests. - The Commission shall prescribe
32 
the rules that shall govern the procedure in election contests involving elective
33 
regional, provincial, and city positions not later than sixty days before such elections.
34 
The Court shall prescribe the rules that shall govern election contests pertaining to
35 
elective municipal and barangay positions.
36 
The rules prescribed by the Commission and the Court shall provide simple
37 
and inexpensive procedures for the expeditious and just disposition of election
38 
contests. Such procedures shall be published in at least two newspapers of general
39 
circulation.
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1 
SEC. 376. Issuance of precautionary protection order. - Where the
2 
allegations in a protest so warrant, the court or the Commission, as the case may
3 
be, shall order, simultaneously with the issuance of summons, the treasurer and
4 
election officer concerned to take immediate and appropriate measures to safeguard
5 
the integrity of all the ballot boxes, the ballots, the lists of voters, voting records, the
6 
books of voters, and other documents or paraphernalia used in the election, and, in
7 
case of hybrid elections, the automated election equipment and other devices such
8 
as the data storage devices containing electronic data evidencing the conduct and
9 
results of elections in the contested precincts.
10 
SEC. 377. When baibt boxes and election documents are brought before the
11 
court. - Within forty-eight (48) hours from receipt of an answer with counter-
12 
protest, when the allegations in a protest or counter-protest so warrant, the court or
13 
the Commission, as the case may be, shall order the ballot boxes with their keys, the
14 
lists of voters and voting records, the books of voters, other documents or
15 
paraphernalia, and, in case of hybrid elections, the automated election equipment,
16 
consolidation machines, and the electronic data storage devices involved in the
17 
protest or counter-protest, to be brought before it.
18 
The parties shall be notified of the date and time of retrieval and transfer
19 
from their respective custodians of the ballot boxes, the automated election
20 
equipment and consolidation machines, the electronic data storage devices, the lists
21 
of voters and voting records, the books of voters, and other documents or
22 
paraphernalia. The parties may send representatives to witness the retrieval and
23 
transfer. The absence, however, of a representative of a party shall not be a reason
24 
to postpone or delay the retrieval or transfer of the above-mentioned equipment,
25 
devices, and election documents.
26 
The court or the Commission, at its discretion, may seek the assistance of the
27 
Philippine National Police (PNP) or the Armed Forces of the Philippines in ensuring
28 
the safe delivery of the ballot boxes and the election equipment, devices, and
29 
documents to its custody.
30 
Where any of the election equipment, devices, and documents mentioned
31 
above are also involved in election contests before the Presidential Electoral
32 
Tribunal, the Senate Electoral Tribunal, or the House of Representatives Electoral
33 
Tribunal with preferential rights of custody and revision, the court or the
34 
Commission, as the case may be, shall coordinate with and make the appropriate
35 
request to such tribunals for the temporary prior custody of said election equipment,
36 
devices, and documents or for the synchronization of revision activities.
37 
The expenses necessary and incidental to the production in court of the ballot
38 
boxes and election documents and the production, storage and maintenance of the
39 
automated election equipment, data storage devices, election paraphernalia and
40 
documents shall be shouldered and promptly paid by the protestant and counter-
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1 
protestant in proportion to the precincts covered by their protects and counter-
2 
protests. The expenses necessary and incidental to the return of the materials and
3 
documents produced in court to their original custodians or to the proper tribunal
4 
after the termination of the case shall likewise be shared proportionately by the
5 
protestant and the protestee based on the number of precincts they respectively
6 
contest.
7 
SEC. 378. Access to electronic data in the COMELEC back-up server. - Upon
8 
motion duly made based on demonstrated need, the court or the Commission may,
9 
in cases involving hybrid elections, order that the moving party shall be given access
10 
to, or to recover and use, electronic data from the back-up server of the Commission
11 
under conditions and safeguards required by the Commission.
12 
SEC. 379. Revision of ballots in election protest - Where the allegations in a
13 
protest or counter-protest so warrant and the interests of justice so require, the
14 
court or the Commission, as the case may be, shall, through a revision/recount
15 
committee, examine the ballots and manually recount the votes covered by the
16 
protest and counter-protest: Provided, That the Revised Rules on Evidence, as
17 
promulgated by the Supreme Court, shall apply in ascertaining the admissibility and
18 
weight of the results of the revision.
19 
SEC. 380. Decisions in Election Contests. - The Regional Trial Court and the
20 
first level courts, as the case may be, shall decide all election contest cases brought
21 
before it within thirty (30) days from the date of their submission for decision. In no
22 
case shall the Regional Trial Court or the first level courts render its decision beyond
23 
six (6) months after the filing of the protest, unless otherwise authorized by the
24 
Supreme Court.
25 
The decisions of aforesaid courts shall be appealable to the Commission
26 
sitting in divisions within five (5) days from promulgation thereof. No motion for
27 
reconsideration of the decision of the Regional Trial Court or the first level court
28 
shall be allowed.
29 
The Commission shall decide all election contests brought before it, whether
30 
in the exercise of its original jurisdiction or appellate jurisdiction, within thirty (30)
31 
days from the date of their submission for decision. In no case shall the Commission,
32 
in the exercise of its appellate jurisdiction, render its decision beyond six (6) months
33 
from the date of appeal; or beyond twelve (12) months from the filing of the
34 
petition, if it has original jurisdiction thereover.
35 
The decision of the Commission sitting in division may be elevated to the
36 
Commission En Banc by any party aggrieved thereby through a verified motion for
37 
reconsideration filed within five (5) days from promulgation of the assailed decision.
38 
The Commission En Banc shall decide all election contest cases within three (3)
39 
months from the filing of the motion for reconsideration. All decisions by the
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1 
Commission En Banc shall be final and executory unless otherwise restrained by the
2 
Supreme Court.
3 
SEC. 381. Preferential disposition of contests in courts. - The courts, in their
4 
respective cases, shall give preference to election contests over all other cases,
5 
except those of habeas corpus, petitions for the issuance of a temporary protection
6 
order in cases involving violence against women and children, petitions for a Writ of
7 
Amparo and such other cases which the Supreme Court shali deems very urgent.
8 
SEC. 382. Costs and damages. - Costs shall be allowed to the prevailing
9 
party as a matter of course. The court and the Commission shall have the power, for
10 
special reasons, to apportion the costs, as may be equitable. The court or the
11 
Commission may render judgment for costs if a protest, a counter-protest or a
12 
petition for quo warranto is dismissed. When a protest, a counter-protest, or a
13 
petition for quo warranto is found to be frivolous, double or treble costs may be
14 
imposed on the protestant, the counter-protestant or the petitioner.
15 
In all election contests, the court or the Commission, as the case may be,
16 
may adjudicate damages and attorney's fees as it may deem just and as established
17 
by the evidence, if the aggrieved party has included these claims in the pleadings.
18 
SEC. 383. Notice of decisions. - The clerk of court and the corresponding
19 
official in the Commission before whom an election protest or a quo warranto
20 
proceeding has been instituted or where the appeal of said case has been taken
21 
shall notify immediately the Department of Interior and Local Government of the
22 
final disposition thereof.
23 
CHAPTER X
24 
ELECTION OFFENSES
25
26 
Article 37
27 
Election Offenses Related to the Registration of Voters
28 
SEC. 384. Threats, intimidation, terrorism, use of fraudulent device or other
29 
forms of coercion to induce or prevent registration. - Any person who, directly or
30 
indirectly, threatens, intimidates or actually causes, inflicts, or produces any
31 
violence, injury, punishment, damage, loss or disadvantage upon any person or
32 
persons or that of the immediate members of his family, his honor or property, or
33 
uses any fraudulent device or scheme to compel or induce the registration or
34 
refraining from registration of any voter shall be liable for an election offense.
35 
Any person who delays, hinders or obstruct another from registering shall
36 
likewise be criminally liable under this Code.
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1 
SEC. 385. Material misrepresentation in the registration application. - Any
2 
person who gives false information as to one's name, address, age, or period of
3 
residence for the purposes of establishing the eligibility or ineligibility to register or
4 
vote under this Code; or who conspires with another person for the purpose of
5 
encouraging the giving of false information in order to establish the eligibility or
6 
ineligibility of any individual to register or vote under this Code; or who pays, offers
7 
to pay, or accepts payment for application for registration shall be guilty of an
8 
election offense.
9 
Furthermore, any person who assisted an illiterate person, a person with
10 
disability, or a senior citizen, who caused such applicant to set forth any false or
11 
untruthful statement relative to any of the data or information required in the
12 
application for registration or transfer of registration shall also be liable for an
13 
election offense.
14 
SEC. 386. Approval of unqualified registrants. -The members of the election
15 
registration board who approve any application for registration or transfer of
16 
registration which on its face shows that the applicant does not possess all the
17 
qualifications prescribed by law for a voter or who disapproves any application which
18 
on its face shows that the applicant possesses all such qualifications and there is no
19 
objection, contest, or opposition against such applicant's application shall be liable
20 
for an election offense.
21 
SEC. 387. Double Registration and Substituted Registration. - Any person
22 
who, being a registered voter, registers anew or attempts to register anew shall be
23 
guilty of an election offense: Provided however, That any person who attempts to
24 
register anew but discloses the fact of his prior registration and who desisted from
25 
further attempting to register after having been informed by the Election Officer that
26 
he or she is still registered shall not be liable for an election offense.
27 
Likewise, criminally liable under this Code is any person who registers or
28 
attempts to register in substitution for another whether with or without the latter's
29 
knowledge or consent, as well as any person who registers or attempts to register
30 
any deceased or fictitious person.
31 
SEC. 388. Tampering of application for registration, the registration records,
32 
or the certified list of voters. - Any person who tampers with or changes without
33 
authority any data or entry in any voter's application for registration shall be guilty of
34 
an election offense. Likewise, criminally liable is any person who, in any manner,
35 
physically or electronically tampers, tears, defaces, removes, or otherwise alters any
36 
registration record, book of voters, or certified list of voters without authority from
37 
the Commission. Any form of data or system interference or illegal access, as
38 
understood under R.A. 10175, involving the documents and files mentioned in this
39 
Section shall constitute an election offense hereunder.
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1 
SEC. 389. Unlawful transfer of prednct assignment - Any person who
2 
changes, alters, or transfers the precinct assignment of a voter in the permanent list
3 
of voters without the express written consent of the voter shall be guilty of an
4 
election offense: Provided, however, That if the voter shall unreasonably withholds
5 
such consent the criminal liability mentioned hereunder shall not apply.
6 
SEC. 390. Election Offenses by the Election Officer and Members of the
1 
Election Registration Board. - The members of the Election Registration Board shall
8 
be held liable for an election offense should they fail, without legal justification, to
9 
post, within the time and on the places prescribed in this Code, the certified list of
10 
voters or the action taken on the applications for registration.
11 
The Election Officer who shall, without valid justification, fail to perform any
12 
of the foregoing within the time and in the places prescribed by this Code shall be
13 
criminally liable hereunder:
14 
(a) set the applications for registration for hearing;
15 
(b) post notices of such hearing; or
16 
(c) preserve and safekeep the voter's registration records in the manner
17 
prescribed by the Commission.
18
19 
Article 38
20 
Election Offenses Related to the Certificate Of Candidacy and the
21 
Registration of Political and Sectoral Parties, Organizations, and Coalitions
22 
SEC. 391. Material Misrepresentation in the Certificate of Candidacy and in
23 
the Certificate of Nomination and Acceptance. - Any person who commits any
24 
misrepresentation as to a material matter in his or her Certificate of Candidacy shall
25 
be guilty of an election offense. Likewise, any person who commits a material
26 
misrepresentation in the Certificate of Nomination and Acceptance shall be criminally
27 
liable hereunder.
28 
SEC. 392. Material Misrepresentation in the Petition for Registration. - The
29 
president and chairperson of the political or sectoral group, party, organization or
30 
coalition, together with the signatory of the petition for registration or accreditation,
31 
shall be liable for an election offense should such petition contain any false
32 
statement in any matter required by this Code to be stated therein.
33 
SEC. 393. Improper Substitution of Party-List Nominees. - It shall be
34 
unlawful for any nominee of a party-list group to feign any incapacity for the
35 
purpose of being substituted. In such cases, the president and chairperson of the
36 
party-list group and the nominee or nominees who feigned such incapacity shall be
37 
criminally liable. The person or persons who substituted the erring nominee or
38 
nominees are also liable for the election offense hereunder if they knew or were in a
168


1 
reasonable position to know that said nominee or nominees were merely feigning
2 
their incapacity.
3 
SEC. 394. Refusal to receive or acknowledge receipt of the certificate of
4 
candidacy. - Except in case of barangay and sangguniang kabataan elections, it shall
5 
be unlawful for any officer of the Commission to refuse to receive any certificate of
6 
candidacy filed with him or her or refuse to acknowledge receipt of the same.
7 
In case of barangay and Sangguniang Kabataan elections, it shall be unlawful
8 
for any election officer to refuse receipt of any certificate of candidacy which does
9 
not, on its face, bear out that the prospective candidate is ineligible or that he or she
10 
does not meet the qualifications pertaining to age, residence, or registered voter
11 
status as set forth by law. Likewise, the election officer shall be liable for an election
12 
offense if he or she refuses to issue a notice of rejection pursuant to Section 308 of
13 
this Code or fails to comply with the directive of the provincial election supervisor to
14 
include the prospective candidate in the official list of candidates pursuant to the
15 
same section.
16 
Finally, in barangay and Sangguniang Kabataan elections, it shall be unlawful
17 
for the Provincial Election Supervisor to refuse receipt of the certificate of candidacy
18 
of any prospective candidate if the same is filed with the notice of rejection from the
19 
election officer concerned.
20
21 
Article 39
22 
Election Offenses Related to the Election Campaign
23 
and Campaign Finance
24 
SEC. 395. Coercion related to campaigning. - It shall be unlawful for any
25 
person to coerce, intimidate, or otherwise compel any other person, whether directly
26 
or indirectly, to campaign for or against a proposition, candidate, political or sectoral
27 
party, organization, or coalition of political parties.
28 
It shall also be unlawful for any person, who shall, during the campaign
29 
period, coerce, intimidate or compel another to desist from campaigning for or
30 
against any proposition, candidate, party or organization if the person being
31 
coerced, intimidated or compelled can lawfully participate in partisan political
32 
activities.
33 
SEC. 396. Intervention of pubic officers and employees. - It shall be unlawful
34 
for any officer or employee in the civil service, including those in the Armed Forces
35 
of the Philippines to directly or indirectly intervene in any election campaign or
36 
engage in any partisan political activity, except to vote or to preserve public order;
37 
Provided, That those holding political offices shall not be covered by the ban
38 
hereunder; Provided further, That job order personnel and those under contracts of
39 
service shall likewise be prohibited from engaging in partisan political activities.
169


1 
Persons who violate this Section shall be guilty of an election offense and shall be
2 
perpetually disqualified from holding public office.
3 
SEC. 397. Use of public funds, money deposited in trust, equipment, facilities
4 
owned or controlled by the government for an election campaign. - Any person who
5 
uses or causes to be used, under any guise whatsoever, directly or indirectly, (1)
6 
public funds or money deposited with, or held in trust by, public financing
7 
institutions or by government offices, banks, or agencies; (2) any printing press,
8 
radio, television station, audio-visual equipment, website, computer, server, internet
9 
services, or any other information and communications machine or equipment
10 
operated by the Government or by its divisions, sub-divisions, agencies or
11 
instrumentalities, including government-owned or controlled corporations, or by the
12 
Armed Forces of the Philippines; or (3) any equipment, vehicle, facility, apparatus,
13 
or paraphernalia owned by the government or by its political subdivisions, agencies
14 
including government-owned or controlled corporations, or by the Armed Forces of
15 
the Philippines for any election campaign or for any partisan political activity shall be
16 
guilty of an election offense. The prohibition hereunder shall begin after the last day
17 
of the filing of the certificates of candidacy.
18 
SEC. 398. Unjustified refusal to grant permit - Any punong barangay,
19 
municipal or city mayor, or governor who shall unjustifiably deny any application for
20 
the holding of a peaceful political rally, meeting, or other similar activities, including
21 
rallies, meetings, and similar activities to campaign for or against a proposition in
22 
case of a plebiscite, initiative, or referendum, shall be criminally liable.
23 
SEC. 399. Abstracting, destroying, cancelling, or tampering a certificate of
24 
candidacy. - Any person who abstracts, destroys, tampers, forges, or cancels any
25 
certificate of candidacy duly filed and which has not been cancelled upon order of
26 
the Commission shall be liable for an election offense.
27 
Section 400. Spurious certificate of candidacy; receipt of candidacy despite
28 
expiration of the period for filing. - Any person who submits any false or spurious
29 
certificate of candidacy or document to the prejudice of a candidate shall be
30 
criminally liable under this Chapter.
31 
Any person who, being authorized to receive certificates of candidacy,
32 
receives any certificate of candidacy outside the period for filing the same and
33 
makes it appear that said certificate of candidacy was filed on time; or any person
34 
who, by means of fraud, threat, intimidation, terrorism or coercion, causes or
35 
compels the commission of said act shall be guilty of an election offense.
36 
Section 401. Interference with a lawful election campaign or propaganda. -
37 
Any person who interferes, breaks up, or prevents, without legal ground, any
38 
political rally or campaign or, in case of plebiscite, referendum, or initiative, any
39 
lawful activity conducted in support or opposition of any proposition, shall be guilty
170


1 
of an election offense. If the offender is a public officer, he shall likewise be
2 
perpetually disqualified from holding public office.
3 
It shall also be unlawful for any person to jam, obstruct, or interfere with a
4 
radio, television, or internet broadcast of any lawful political program or
5 
advertisement including, in the case of plebiscite, referendum, or initiative, programs
6 
or advertisements espousing support or opposition to any proposition.
7 
SEC. 402. Prohibition against discrimination in the saie of air time. - Any
8 
person operating a radio or television station who, without justifiable cause,
9 
discriminates against any political party, coalition or aggroupment of parties or any
10 
candidate in the saie of air time, or who manifests undue bias in the sale of such air
11 
time for or against a proposition, in case of plebiscite, referendum, or initiative, shall
12 
be guilty of an election offense. In addition to the penalty prescribed herein, such
13 
refusal shall constitute a ground for cancellation or revocation of the franchise.
14 
SEC. 403. Other Eiection Offenses Reiated to Eiection Campaigns. - Any
15 
person who violates Sections 95, 96, 97, 98, 99, 100, 101, 104, 107, 108, 109, or
16 
110 of this Code shall be guilty of an election offense.
17 
SEC. 404. Eiection Offenses Reiated to Campaign Finance. - Any person who
18 
shall violate Sections 111, 112, 113, 114, 115, 116, 117, or 118 of this Code shall be
19 
liable for an election offense.
20 
SEC. 405. Vioiation of the Ruies and Reguiations of the Commission. - Any
21 
person who violates the rules and regulations duly promulgated by the Commission
22 
to implement Article 9 of this Code shall be criminally liable under this Article.
23
24 
Article 40
25 
Election Offenses Related to the Election Period and Campaign Period
26 
SEC. 406. Appointment of new empioyees, creation of new position,
27 
promotion, or giving saiary increases. - The following shall be criminally liable
28 
hereunder:
29 
(l)any head, official or appointing officer of a government office, agency or
30 
instrumentality, whether national or local, including government-owned or
31 
controlled corporations, who, during the election period, appoints or hires any
32 
new empioyee, whether provisional, temporary or casual, or creates and fills
33 
any new position, except upon prior authority of the Commission. The
34 
Commission shall not grant the authority sought unless, it is satisfied that the
35 
position to be filled is essential to the proper functioning of the office or
36 
agency concerned, and that the position shall not be filled in a manner that
37 
may influence the election.
171


1 
As an exception to the foregoing provisions, a new employee may be
2 
appointed in case of urgent need: Provided, however, That notice of the
3 
appointment shall be given to the Commission within three days from the
4 
date of the appointment. Any appointment or hiring in violation of this
5 
provision shall be null and void.
6 
It shall be mandatory for the Commission to resolve any request for authority
7 
to appoint or hire new employees or create and fill new positions within
8 
fifteen (15) days from the filing of the same.
9 
(2) Any government official who, within the election period, promotes, or gives
10 
any increase of salary or remuneration or privilege to any government official
11 
or employee, including those in government-owned or controlled
12 
corporations.
13 
SEC. 407. Transfer of officers and employees in the civii service. - Any public
14 
official who makes or causes any transfer or detail whatsoever of any officer or
15 
employee in the civil service including public school teachers, within the election
16 
period, except upon prior approval of the Commission shall be liable for an election
17 
offense.
18 
From their appointment as such and until the end of the election period or the
19 
official proclamation of winning candidates, whichever comes earlier, no member of
20 
the board of canvassers shall leave his or her official station without prior authority
21 
of the Commission.
22 
SEC. 408. Suspension of eiective provinciai, city, municipai or barangay
23 
officer. - The provisions of law to the contrary notwithstanding, during the election
24 
period, any public official who suspends, without prior approval of the Commission,
25 
any elective provincial, city, municipal or barangay officer, shall be guilty of an
26 
election offense: Provided, That the prohibition shall not apply if said suspension will
27 
be for purposes of applying the "Anti-Graft and Corrupt Practices Act" in relation to
28 
the suspension and removal of elective officials.
29 
SEC. 409. Appointment or use of armed groups. - During the election period,
30 
any appointing authority who appoints or constitutes an armed group in whatever
31 
guise or designation or any person who utilizes the services of an armed group shall
32 
be liable for an election offense: Provided, That the services of duly licensed security
33 
firms may be availed of to provide security to residences, places of business, offices,
34 
storage houses, or any other place where the deployment of security personnel is
35 
necessary to prevent damage or loss of property or personal injury or loss of life:
36 
Provided further. That the President, Vice-President, Supreme Court Justices,
37 
Senators, Members of the House of Representatives, Court of Appeals Justices,
38 
Commissioners of the Constitutional Commissions, the Ombudsman and his
39 
deputies. Department Secretaries, the Solicitor General, Generals of the Armed
172


1 
Forces or of the Philippine National Police, and other government officials not
2 
enumerated above or any retired government official, who, at least six months prior
3 
to the election period or the thirty-day period previously mentioned herein, have
4 
been assigned a security detail, shall be allowed to retain such security detail:
5 
Provided, however. That other government officials or retired government officials
6 
not falling within the immediately preceding proviso, as well as private individuals,
7 
including candidates, may apply with the Commission for a security detail from the
8 
Philippine National Police or other law enforcement agencies of the government
9 
upon a showing that the circumstances so warrant: Provided finally. That all the
10 
security personnel, as well as, the government officials, retired government officials,
11 
and private individuals mentioned in this section shall still be required to obtain
12 
exemption from the ban on carrying firearms and deadly weapons, unless otherwise
13 
automatically exempted by the Commission through a duly promulgated resolution.
14 
At the beginning of the election period, all armed groups shall turn over their
15 
firearms, uniforms, insignias and other badges of authority to the Philippine National
16 
Police. Failure to do so shall constitute an election offense.
17 
As used in this section, the term "armed group" shall refer to a group of two
18 
or more individuals who carry weapons, whether openly or in a concealed manner,
19 
who are under the control, supervision, or command of a person or 
group of
20 
persons, and who are not members of the armed units of the Philippine Armed
21 
Forces, Philippine National Police, Bureau of Fire Protection, Bureau of Jail
22 
Management and Penology, Philippine Drug Enforcement Agency, National Bureau of
23 
Investigation, other law enforcement agencies. Citizen Armed Forces Geographical
24 
Units, security forces of the Senate, House of Representatives, the Constitutional
25 
Commissions, the Supreme Court, and the Office of the Ombudsman, and armed
26 
units constituted, created, or maintained in accordance with statute. For this
27 
purpose, any form of barangay, municipal, city, or provincial security forces
28 
constituted, created, or maintained by mere ordinance or resolution shall be
29 
considered as an armed group within the purview of this section.
30 
SEC. 410. Ban on carrying of firearms and other deadly weapons. - The
31 
issuance of firearms licenses shall be suspended during the election period. Any
32 
person who carries or bears any firearm outside his residence or place of business
33 
during such period, unless authorized in writing by the Commission, shall be liable
34 
for an election offense: Provided, That a motor vehicle, water or air craft shall not
35 
be considered a residence or place of business or extension hereof.
36 
This prohibition shall not apply to cashiers and disbursing officers while in the
37 
performance of their duties or to persons who by nature of their official duties,
38 
profession, business or occupation habitually carry large sums of money or
39 
valuables.
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1 
Regular members or officers of the Philippine National Police, the Armed
2 
Forces of the Philippines and other enforcement agencies of the Government may be
3 
authorized to carry and possess firearms during the election period: Provided, That,
4 
when in the possession of firearms, the law enforcement officer must be: (a) in full
5 
uniform showing clearly and legibly his name, rank and serial number which shall
6 
remain visible at all times; and (b) in the actual performance of his law enforcement
7 
duty in the specific area where he or she is assigned or detailed. Exceptions to the
8 
foregoing requirements may be allowed by the Commission only in meritorious
9 
cases, upon petition by enforcement agency concerned.
10 
It shall likewise be unlawful to carry outside of one's residence or place of
11 
business any bladed, pointed or blunt weapon such as 'knife', 'spear', 'pana',
12 
'dagger', 'bolo', 'barong', 'kris', 'chako', or similar weapons, except where such
13 
articles are being used as necessary tools or implements to earn a livelihood or in
14 
pursuit of a lawful activity.
15 
No deadly weapon be allowed in the polling place and within a radius of one
16 
hundred meters thereof during the days and hours fixed by law or by the
17 
Commission for voting, counting of votes, or preparation of the election returns.
18 
However, in cases of affray, turmoil, or disorder, any peace officer or public officer
19 
authorized by the Commission to supervise the election is entitled to carry firearms
20 
or any other weapon for the purpose of preserving order and enforcing the law.
21 
SEC. 411. Use of armored land, water or air craft. - Any person who uses
22 
during the election period, including the election day, any armored land, water or air
23 
craft, provided with any temporary or permanent equipment or any other device or
24 
contraption for the mounting or installation of cannons, machine guns and other
25 
similar high caliber firearms, including military type tanks, half trucks, scout trucks,
26 
armored trucks, of any make or model, whether new, reconditioned, rebuilt or re-
27 
modelled: Provided, That banking or financial institutions and all business firms may
28 
use armored vehicles, in the number reasonably necessary for its operations, strictly
29 
for, and limited to, the purpose of transporting cash, gold bullion or other valuables
30 
in connection with their business from and to their place of business, upon previous
31 
authority of the Commission.
32 
SEC. 412. Wearing of uniforms and bearing of arms. - During the election
33 
period, any member of the Philippine National Police, Armed Forces of the
34 
Philippines, Citizen Armed Forces Geographical Unit and other law enforcement units
35 
organized, created, and maintained in accordance with law or privately-owned or
36 
operated security, investigative, protective or intelligence agencies, who wears his
37 
uniform or uses his insignia, decorations or regalia, or bears arms outside the
38 
immediate vicinity of his place of work, place of assignment, place of detail, camp,
39 
garrison, or barracks, shall be liable for an election offense: Provided, That this
40 
prohibition shall not apply when said member is in pursuit of a person who has
174


1 
committed or is committing a crime; when he is in the actual performance of his
2 
duties; when he is escorting or providing security for the transport of payrolls,
3 
deposits, or other valuables; or when guarding private residences, buildings, or
4 
offices.
5 
The Commission may, upon application and only if necessary to maintain
6 
peace and order or preserve the internal or external security of the country, exempt
7 
specific units of the Armed Forces, the Philippine National Police, and other law
8 
enforcement agencies from the foregoing requirements: Provided, That all personnel
9 
authorized to bear arms or wear their uniforms outside the places mentioned in the
10 
preceding paragraph shall bear their true name, rank and serial number.
11 
During the election period, whenever the Commission finds it necessary for
12 
the promotion of free, orderly, honest and peaceful elections in a specific area, it
13 
shall confiscate or order the confiscation of firearms of any member or members of
14 
the Armed Forces of the Philippines, the Philippine National Police, other law
15 
enforcement agencies, security firms or agencies, or any other person or persons.
16 
The prohibitions under this Section and the last three preceding sections, as
17 
well as the exemptions thereto, shall also apply on the day of a plebiscite,
18 
referendum, or initiative, and the thirty-day period prior thereto but only in the areas
19 
covered or affected by such plebiscite, referendum, or initiative.
20 
SEC. 413. Prohibition on the release, disbursement or expenditure of public
21 
funds for any and all kinds of public works. - Any public official or employee
22 
including barangay officials and those of government-owned or controlled
23 
corporations and their subsidiaries, who, during the campaign period for local
24 
officials, releases, disburses or expends any public funds for any and all kinds of
25 
public works shall be criminally liable: Provided, however, That the following shall
26 
not be covered by the prohibition:
27 
(a) Maintenance of existing and/or completed public works project: Provided, That
28 
not more than the average number of laborers or employees already employed
29 
therein during the six-month period immediately prior to the beginning of the
30 
local campaign period shall be permitted to work during such time: Provided,
31 
further. That no additional laborers shall be employed for maintenance work
32 
within the said period;
33 
(b) Work undertaken by contract through public bidding held, or by negotiated
34 
contract awarded, before the local campaign period: Provided, That work for
35 
the purpose of this section undertaken under the so-called "takay" or "paquiao"
36 
system shall not be considered as work by contract;
37 
(c) Payment for the usual cost of preparation for working drawings, specifications,
38 
bills of materials, estimates, and other procedures preparatory to actual
39 
construction including the purchase of materials and equipment, and all
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1 
incidental expenses for wages of watchmen and other laborers employed for
2 
such work in the central office and field storehouses before the beginning of
3 
such period: Provided, That the number of such laborers shall not be increased
4 
over the number hired when the project or projects were commenced;
5 
(d) Emergency work necessitated by the occurrence of a public calamity, but such
6 
work shall be limited to the restoration of the damaged facility;
7 
(e) Ongoing public works projects commenced before the campaign period or
8 
similar projects under foreign agreements. For purposes of this provision, it
9 
shall be the duty of the government officials or agencies concerned to report to
10 
the Commission the list of all such projects being undertaken by them.
11 
No payment shall be made within five days before the date of election to
12 
laborers or contractors who have rendered services in projects or works except
13 
those falling under subparagraphs (a), (b), (c), (d), and (e) of this section.
14 
SEC. 414. Prohibition on undertaking of construction of public works, delivery
15 
of materials for public works and issuance of treasury warrants and similar devices. -
16 
During the local campaign period, any person who (a) undertakes the construction
17 
of any public works, except for projects or works exempted in the preceding section;
18 
or (b) issues, uses, or avails of treasury warrants or any security or contract
19 
undertaking future delivery of money, goods or other things of value chargeable
20 
against public funds shall be guilty of an election offense.
21 
SEC. 415. Prohibition on the release, disbursement or expenditure of public
22 
funds for housing and social welfare services and development - Any public official
23 
or employee including barangay officials and those of government-owned or
24 
controlled corporations and their subsidiaries, who, during the campaign period for
25 
local officials, releases, disburses or expends any public funds for any of the services
26 
undertaken or offered by Department of Social Welfare and Development (DSWD),
27 
the Department of Human Settlements and Urban Development (DHSUD) and any
28 
other office in other departments or agencies of the government performing
29 
functions similar to the DSWD or DHSUD, including the social services or public
30 
housing offices or departments of local government units, shall be guilty of an
31 
election offense: Provided, however. That expenses for salaries of personnel, routine
32 
and normal expenses, and such other expenses as the Commission may authorize
33 
after due notice and hearing shall not be covered by the prohibition.
34 
Should a calamity or disaster occur, the Commission shall exempt the DSWD
35 
and similar departments, offices, and agencies operating within the affected area
36 
from the prohibition in the preceding paragraph: Provided, That no candidate or his
37 
or her spouse or member of his family within the second civil degree of affinity or
38 
consanguinity shall participate, directly or indirectly, in the distribution of any relief
39 
or other goods to the victims of the calamity or disaster.
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1 
Article 41
2 
Election Offenses Related to Voting or the Voting Period
3 
SEC. 416. Vote-buying and vote-selling; conspiracy to commit vote-buying. -
4 
Any person who gives, offers or promises money or anything of value, gives or
5 
promises any office or employment, franchise or grant, public or private, or makes
6 
or offers to make an expenditure, directly or indirectly, or cause an expenditure to
7 
be made to any person, association, corporation, entity, or community in order to
8 
induce anyone or the public in general to vote for or against any proposition,
9 
candidate, or political or sectoral party, organization or coalition, or to withhold his
10 
vote in the election, plebiscite, referendum, or initiative, as the case may be, shall be
11 
liable for an election offense.
12 
Any person, association, corporation, group or community who solicits or
13 
receives, directly or indirectly, any expenditure or promise of any office or
14 
employment, public or private, for any of the foregoing considerations shall likewise
15 
be criminally liable hereunder.
16 
When two or more persons, whether candidate or not, come to an agreement
17 
concerning the commission of any violation of the first paragraph of this section, and
18 
decide to commit it, each of such persons shall be guilty of an election offense.
19 
SEC. 417. Prosecution of Vote-Buying and Vote-Selling. - The presentation of
20 
a complaint for violations of the preceding section, when supported by affidavits of
21 
complaining witnesses attesting to the offer or promise by or of the voter's
22 
acceptance of money or other consideration from the relatives, leaders or
23 
sympathizers of a candidate, shall be sufficient basis for an investigation to be
24 
immediately conducted by the Commission or other prosecuting arms of the
25 
government.
26 
Proof that at least one voter in different precincts representing at least twenty
27 
percent (20%) of the total precincts in any municipality, city, district or province has
28 
been offered, promised or given money, valuable consideration, or other expenditure
29 
by a candidate's relatives, leaders and/or sympathizers for the purpose of promoting
30 
the election of such candidate, shall constitute a disputable presumption of a
31 
conspiracy under the preceding section. The same shall also constitute as prima
32 
facie evidence of the involvement of such candidate and of his principal campaign
33 
managers in each of the municipalities, cities, districts, or provinces concerned, in
34 
the conspiracy.
35 
The giver, offeror, and promisor as well as the solicitor, acceptor, recipient
36 
and conspirator in the preceding section shall be liable as principals: Provided, That
37 
any person, otherwise guilty under said section who voluntarily gives information
38 
and willingly testifies on any violation thereof in any official investigation or
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1 
proceeding shall be exempt from prosecution and punishment for the offenses with
2 
reference to which his information and testimony were given: Provided further, That
3 
nothing herein shall exempt such person from criminal prosecution for perjury or
4 
false testimony.
5 
SEC. 418. Coercion to vote for or against a candidate, party, or organization.
6 
- Any public officer, or any officer of any public or private corporation or association,
7 
or any head, superior, or administrator of any religious organization, or any
8 
employer or land-owner who coerces or intimidates or compels, or in any manner
9 
influence, directly or indirectly, any of his subordinates or members or parishioners
10 
or employees or house helpers, tenants, overseers, farm helpers, tillers, or lease
11 
holders to aid, campaign or vote for or against any proposition, candidate, political
12 
or sectoral party, organization, or coalition shall be liable for an election offense.
13 
Any employee or laborer who is dismissed or tenant who is 
ejected for
14 
refusing or failing to vote for any proposition or candidate or party-list group of his
15 
employer or landlord, as the case may be, shall be reinstated and the damages
16 
caused to the aggrieved party, including unearned income and moral damages, shall
17 
be restored to him upon application with the proper court and without prejudice to
18 
the criminal liability of the offender as set forth in this Chapter,
19 
Any person who, directly or indirectly, threatens, intimidates or actually
20 
causes, inflicts or produces any violence, 
injury, punishment, damage, loss or
21 
disadvantage upon any person or persons or that of the immediate members of his
22 
family, his honor or property, or uses any fraudulent device or scheme to compel or
23 
induce the casting of any vote or omission to vote, or any promise of such vote or
24 
omission therefrom shall also be guilty of an election offense. Likewise, it shall be
25 
unlawful for any person to detain a voter without lawful cause, or molests him in
26 
such a manner as to obstruct or prevent him from going to the polling place to cast
27 
his vote or from returning home after casting his vote, or to compel him to reveal
28 
how he voted.
29 
SEC. 419. Muitipie voting; unregistered voter; voting in substitution of
30 
another. - Any person who votes more than once in the same election, plebiscite,
31 
referendum, or initiative or who, not being a registered voter, votes in an election,
32 
plebiscite, referendum, or initiative or who votes in substitution for another whether
33 
with or without the latter's knowledge and/or consent shall be liable for an election
34 
offense. Furthermore, any voter who, in the course of voting, uses a ballot other
35 
than the one given by the electoral board, barangay electoral board, or PlebCom as
36 
the case may be, or has in his possession more than one official ballot, without legal
37 
justification therefor, shall also be liable for an election offense.
38 
SEC. 420. Uniav/fui transfer of poiiing place. - Any person who, without
39 
authority, transfers the location of a polling place shall be liable for an election
40 
offense.
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1 
SEC. 421. Propagation of disinformation. - Any person who, for the purpose
2 
of disrupting or obstructing the election process or causing confusion among the
3 
voters, propagates, transmits or circulates, through any means including posting in
4 
social media platforms, any false report, false information, false order, directive or
5 
messages regarding any matter relating to the printing of official ballots, the
6 
postponement of the election, plebiscite, referendum, or initiative, the transfer of
7 
polling place or the general conduct of the election, plebiscite, referendum, or
8 
initiative.
9 
SEC. 422. Voting-reiated offenses attributable to members of the Electoral
10 
Board, Barangay Electoral Board, or PiebCom. - Aside from the election offenses
11 
mentioned in this Article, any member or members of the Electoral Board, Barangay
12 
Electoral Board, or whenever applicable, the Plebiscite Committee, as the case may
13 
be, shall be guilty of an election offense for the following acts or omissions:
14 
(a) Allowing or making possible the casting of more votes than there are
15 
registered voters;
16 
(b) Knowingly allowing any person whose name does not appear in the list of
17 
registered voters of the precinct concerned to vote therein without legal
18 
justification therefor;
19 
(c) Knowingly allowing a person who has already voted to vote again in the same
20 
election, plebiscite, referendum, or initiative;
21 
(d) Unjustifiably preventing any voter registered in the precinct concerned, whose
22 
name is in the certified list for such precinct, and who has not yet voted, to
23 
cast his vote even though the voting period has not yet lapsed;
24 
(e) Knowingly using ballots other than the official ballots;
25 
(f) Deliberately being absent from the meetings of the board or committee for
26 
the purpose of obstructing or delaying the performance of its duties or
27 
functions;
28 
(g) Refusing to sign and certify, without justifiable reason, any election form or
29 
document required by this Code or prescribed by the Commission although he
30 
was present during the meeting of the said body;
31 
(h) Any person who, being ineligible for appointment as member of the Electoral
32 
Board, the Barangay Electoral Board, or the Plebiscite Committee, as the case
33 
may be, accepts an appointment to said body, assumes office, and actually
34 
serves as a member thereof, or any of public officer or any person acting in
35 
his behalf who appoints such ineligible person knowing him to be ineligible;
36 
(i) Engaging in any partisan political activity after he has been appointed as
37 
member of the Electoral Board, Barangay Electoral Board, or PlebCom except
38 
to discharge his duties as such and to vote;
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1 
(j) Failing to start the voting at the time fixed by the Commission or closing the
2 
conduct of voting before the time prescribed by the Commission, without any
3 
justifiable reason.
4 
(k) Failing to observe the procedure laid down in Section 188 of this Code,
5 
pertaining to preliminaries to voting, without any valid justification therefor.
6 
(I) Deliberately allowing any unauthorized persons in and around the polling
7 
place: Provided, however, That the members of the Electoral Board shall not
8 
incur criminal liability should they be threatened, intimidated, coerced, or in
9 
any manner forced against their will into allowing unauthorized persons in
10 
and around the polling place.
11 
(m) Failing, without legal justification, to observe the procedure under Section 192
12 
or any other measure required by the Commission to be observed by the
13 
electoral board, barangay electoral board, or plebcom pursuant to Section
14 
193 of this Code. In case of failure to authenticate the official ballot, only the
15 
chairperson of the electoral board shall be criminally liable;
16 
(n) Refusing to record challenges, oaths, or any other matter which the Code or
17 
the Commission requires to be recorded in the Minutes of Voting;
18 
(o) Making any announcement as to whether a certain registered voter has
19 
already voted or not, as to how many have already voted or how many so far
20 
have failed to vote, or any other fact tending to show or showing the state of
21 
the polls before the termination of the voting;
22 
(p) Making any statement at any time, except as witness before a court or the
23 
Commission, as to how any person voted;
24 
(q) Unjustifiably disallowing any duly authorized watcher in the polling place; or
25 
unlawfully depriving such watcher of any right set forth in this Code; or
26 
preventing any action which such watcher may lawfully take without any
27 
lawful justification therefor.
28 
SEC. 423. Other voting-related offenses. - Any person who violates Sections
29 
175, 181, 190, 194, or 195 of this Code shall be liable for an election offense.
30 
Furthermore, any person shall be liable for a criminal offense for any of the following
31 
acts:
32 
(a) Removing, tearing, defacing or destroying any certified list of candidates
33 
posted in the polling place during the hours of voting;
34 
(b) Flolding or causing the holding of an election on any other day than that fixed
35 
by law or by the Commission, or stops any election being legally held;
36 
(c) Deliberate blurring of his fingerprint in the voting record; or
180


1 
(d) Conducting himself in such a disorderly manner as to interrupt or disrupt the
2 
work or proceedings to the end of preventing the electoral board from
3 
performing its functions, either partly or totally.
4
5 
Article 42
6 
Offenses Related to the Counting and Canvassing of Votes
7 
SEC. 424. Offenses attributable to the members of the Electoral Board,
8 
Barangay Electoral Board, or PlebCom during the counting of votes. - The electoral
9 
board, barangay electoral board, the Plebiscite Committee or any member or
10 
members thereof, shall be liable for an election offense for the following acts or
11 
omissions during the counting of votes:
12 
(a) Deliberately omitting to read the vote duly written on the ballot, or misreading
13 
the vote actually written thereon or reading the proposition or name of a
14 
candidate where no such proposition or name is written on the ballot, if the
15 
member in question is charged with the duty of reading the votes.
16 
(b) Deliberately failing to record a vote in the tally board or sheet, election
17 
returns, or other prescribed form, or erroneously recording the votes as read,
18 
or recording a vote where no such vote has been read by the chairman:
19 
Provided, That the member of the electoral board, barangay electoral board,
20 
or plebcom in question is the one charged with the duty of tallying the votes;
21 
(c) Refusing, after proper verification and hearing, to credit the correct votes or
22 
deduct such tampered votes: Provided, That if such act constitutes electoral
23 
sabotage as defined in Article 45 of this Code, the perpetrator or perpetrators
24 
shall be liable thereunder;
25 
(d) Conducting the counting of votes in any place other than the polling place,
26 
unless otherwise ordered or allowed by the Commission; or counting the
27 
votes without the presence of the authorized watchers unless aforesaid
28 
watchers have been duly notified of the time and place of the counting of
29 
votes; or unjustifiably and willfully preventing any authorized watcher from
30 
observing the counting of votes;
31 
(e) Conducting the counting of votes in a building or place located within the
32 
perimeter of or inside a military or police camp, reservation, headquarters,
33 
detachment or field office or within the premises of a prison or detention
34 
bureau or any law enforcement or investigation agency, with or without the
35 
consent of the Commission. Any officer of the Commission who consents to or
36 
orders that the counting of votes shall be in such building or place shall
37 
likewise be criminally liable hereunder;
181


1 
(f) Re-arranging the physical set up of the polling place for the purposes of
2 
counting without the presence of the watchers and outside the close view of
3 
the public; or failing to ensure that the ballot boxes and all election
4 
documents and paraphernalia are within the close view of the watchers and
5 
the public;
6 
(g) Failure, without justifiable cause, to comply with the procedure laid down by
7 
this Code or by the Commission in the handling, disposition, transmittal, and
8 
safe-keeping of the filled-in ballots, unused ballots, spoiled ballots, marked
9 
ballots, election returns, vote counting devices, and storage devices;
10 
(h) Adjourning, postponing, or delaying the counting of votes, either in the
11 
manual count, automated count, or both, before it has been fully completed,
12 
unless otherwise ordered by the Commission;
13 
(i) Deliberate failure to perform a manual count of the votes; or to prepare
14 
separate election returns for the manual count; or to prepare the required
15 
number of election returns; or, in case of hybrid elections, to conduct the
16 
automatic manual recount prescribed in Section 215 of this Code; or to
17 
conduct any other procedure laid down in aforesaid section or in the rules and
18 
regulations prescribed by the Commission relative to the counting of votes;
19 
(j) Unjustified failure to sign each copy of the election returns; or to affix his or
20 
her thumbmark thereto; or to explain his or her refusal to sign or to affix his
21 
or her thumbmark; or to digitally sign the election returns that shall be
22 
transmitted electronically, if applicable;
23 
(k) Signing or authenticating any copy of the election return outside of the polling
24 
place unless there is prior consent or order of the Commission; or knowingly
25 
signing or authenticating an election return that does not accurately reflect
26 
the result of the automated count, manual count, or automatic recount, as
27 
the case may be.
28 
(I) Failure of the chairperson to distribute the copies of the election returns in
29 
accordance with the provisions of this Code; or, after the preparation of the
30 
election returns, to publicly read and announce the total number or registered
31 
voters, the total number of voters who actually voted, the total number of
32 
votes obtained by each candidate, patty-list group, or proposition based on
33 
the election returns, and, in case of hybrid elections, whether there is a
34 
discrepancy between the results of the automated system and manual
35 
counting system, and the details of the said discrepancy, including the result
36 
of the recount, if any;
37 
(m) Failure to post a copy of the election returns within the premises of the
38 
polling place or counting center as prescribed in this Code;
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1 
(n) Unjustified failure to electronically transmit the precinct results under the
2 
automated system to the board of canvassers, the dominant majority and
3 
minority party, the accredited citizen's arm, and the Kapisanan ng mga
4 
Broadcasters ng Pilipinas (KBP); or transmitting such results without the
5 
presence of the watchers and representatives of the accredited citizen's arm,
6 
political parties/candidates, if any, unless said watchers and representatives
7 
have been duly notified of the time when the board shall so transmit;
8 
(o) Refusal to issue accredited watchers the certificate of votes as required in this
9 
Code; or
10 
(p)In case of the barangay electoral board, willful and deliberate failure to apply
11 
the rules for the appreciation of ballots enumerated in Section 317 of this
12 
Code or to observe the procedure in the counting of votes set forth in Section
13 
316 hereof and by the Commission.
14 
SEC. 425. Unlawful removal or defacement of the posted election returns. -
15 
Any person who removes the election return posted within the premises of the
16 
polling place or counting center, whether within or after the prescribed forty-eight
17 
(48) hours of posting, without authority therefor, or defaces the same in any manner
18 
shall be liable for an election offense : Provided, however, That the chairperson or
19 
any member of the electoral board may remove said election returns for the purpose
20 
of immediately transferring it to a more suitable place,
21 
SEC. 426. Tampering or simulation of election returns or forging of
22 
signatures therein. - Any person who simulates an actual election return or a print or
23 
digital copy thereof; or forges thereon the signature of any or all of the members of
24 
the electoral board, shall be liable for an election offense.
25 
It shall be unlawful for any person to tamper, alter, deface, or falsify any
26 
portion of any copy of the election returns: Provided, That in the instances allowed
27 
by this Code, the electoral board may make alterations in manually accomplished
28 
election returns for the purpose of correcting any entry therein: Provided further,
29 
That such alterations shall be initialed by all the members of the electoral board or
30 
barangay electoral board as the case may be and that the results of the elections in
31 
the polling place concerned have not yet been announced: Provided finally. That any
32 
alteration to the election returns after the announcement of results may be done
33 
only under Section 243 of this Code or upon order of the Commission.
34 
In the event that the tampering or simulation constitutes electoral sabotage
35 
as defined under Article 45, the offender shall be liable thereunder.
36 
SEC. 427. Preventing the Hvestreaming or recording of the counting;
37 
unlawful use of iivestream or video recordings. - Any person who, in any manner,
38 
prevents or interferes with the Hvestreaming or video recording of the counting of
39 
votes as provided in Section 217 of this Code, shall be liable for an election offense.
183


1 
Any person who shall use any photo, recorded video, or livestream, whether
2 
official or unofficial, taken during election day of any member of the electoral board
3 
and any other personnel of the Commission performing election duties during
4 
election day to defame or publicly shame said member of the electoral board or
5 
personnel of the Commission in social media or in any other platform, digital or
6 
otherwise, shall be guilty of an election offense.
7 
SEC. 428. Offenses attributable to the members of the Board of Canvassers,
8 
Barangay Board of Canvassers or Plebiscite Board of Canvassers. - The Board of
9 
Canvassers, Barangay Board of Canvassers, or Plebiscite Board of Canvassers, as
10 
may be applicable, or any member or members thereof, shall be liable for an
11 
election offense for the following acts or omissions:
12 
(a) Feigning an illness or otherwise deliberately being absent from the meetings
13 
of said body for the purpose of obstructing or delaying the performance of its
14 
duties or functions,
15 
(b) Accepting an appointment to said body, assuming office therein, and actually
16 
serving as a member thereof despite being ineligible for appointment as
17 
member of the board of canvassers, barangay board of canvassers, or
18 
plebiscite board of canvassers, as the case may be;
19 
(c) In case of the chairperson, his or her failure to give a written notice to all
20 
members of the board of canvassers or barangay board of canvassers, as the
21 
case may be, or to each candidate, political party or coalition of political
22 
parties fielding candidates, and parties, organizations, and coalitions under
23 
the party-list system of the date, time and place of the meeting whenever
24 
required under this Code; or his or her failure to post the certificate of
25 
canvass within the premises of the canvassing center;
26 
(d) Proceeding with the canvass of votes and/or proclamation of any candidate
27 
despite having received an order to the contrary from the Commission;
28 
(e) Proceeding with the canvass of votes and/or proclamation of any candidate or
29 
the results of a plebiscite, initiative, or referendum, as the case may be, in
30 
the absence of quorum; or without giving due notice of the date, time and
31 
place of the meeting of the board to the candidates, political parties, and/or
32 
other members of the board;
33 
(f) Knowingly using in the canvass of votes and/or proclamation any election
34 
returns which have been tampered with or falsified; or using in such canvass
35 
or proclamation election returns that manifestly appear to be tampered with
36 
or falsified;
37 
(g) Using in the canvass of votes and/or proclamation any file or document other
38 
than the official electronically transmitted results or the results contained in
39 
the data storage devices used in the printing of the official election returns or
184


1 
certificates of canvass under the automated system and/or the official
2 
election returns or official certificates of canvass under the manual counting
3 
system, unless otherwise authorized under this Code or by the Commission;
4 
(h) Refusing to credit the correct votes or deduct such tampered votes; Provided,
5 
That if such act constitutes electoral sabotage as defined in Article 45 of this
6 
Code, the perpetrator or perpetrators shall be liable thereunder;
7 
(i) Refusing to sign or certify, without any justifiable reason, any election form
8 
required by this Code or prescribed by the Commission although he was
9 
present during the meeting of the said body;
10 
(j) Unjustified failure to prepare the supporting statement of votes for the
11 
certificates of canvass of votes.;
12 
(k) Causing any unwarranted delay in the transmission of the certificate of
13 
canvass or refusing without just cause to transmit said certificate of canvass;
14 
(I) Failure, without justifiable cause, to digitally sign the certificate of canvass
15 
that shall be electronically transmitted; or to observe any of the measures
16 
prescribed by the Commission to preserve the integrity of the certificates of
17 
canvass pursuant to Section 234 of this Code;
18 
(m) Failure to prepare the required number of certificates of canvass under the
19 
automated system and/or the manual system; or to distribute the same in
20 
accordance with Section 235 of this Code;
21 
(n) Unjustifiably disallowing accredited watcher in the canvassing center; or
22 
unlawfully depriving such watcher of any right set forth in this Code; or
23 
preventing any action which such watcher may lawfully take without any
24 
lawful justification therefor;
25 
(o) Refusal or failure to proclaim the winning candidate or candidates or
26 
proposition without any legal justification therefor; or causing any
27 
unwarranted and vexatious delay in proclaiming said candidate or candidates
28 
or proposition; or failing to observe the tie breaking procedure set forth in
29 
Section 254 of this Code;
30 
(p) Signing or authenticating any copy of the certificate of canvass or its
31 
supporting statement of votes outside of the canvassing center, unless
32 
otherwise authorized by the Commission; or
33 
(q) Knowingly signing or authenticating a certificate of canvass or its supporting
34 
statement of votes which does not accurately reflect the result of the
35 
canvassing.
36 
SEC. 429. Illegal appointment of members of the board. - Any of public
37 
officer or any person acting in his behalf who knowingly appoints as member of the
185


1 
board of canvassers or barangay board of canvassers, any person who is ineligible to
2 
be so appointed shall be liable for an election offense.
3 
SEC. 430. Vote padding. - Any person who performs any act, either manually
4 
or through the use of communications and information technology, for the purpose
5 
of tampering, increasing, or decreasing the votes received by a candidate/s or party-
6 
list group/s or proposition/s; or who actually tampers, increases, or decreases the
7 
votes received by candidate/s or party-list group/s or proposition/s through any
8 
means whatsoever; or causes such tampering, increase or decrease, shall be guilty
9 
of an election offense: Provided, That in case said tampering, increase, or decrease
10 
constitutes Electoral Sabotage as defined in Article 45 of this Code, he shall be liable
11 
thereunder.
12 
SEC. 431. Unlawful removal or defacement of the posted certificate of
13 
canvass. - Any person who removes the certificate of canvass posted within the
14 
premises of the canvassing center, whether within or after the prescribed forty-eight
15 
(48) hours of posting, without authority therefor, or defaces the same, in any
16 
manner, shall be liable for an election offense: Provided, however, That the
17 
chairperson or any member of the electoral board may remove said election returns
18 
for the purpose of immediately transferring it to a more suitable place.
19 
SEC. 432. Simulation of certificates of canvass or forging of signatures
20 
therein. - Any person who simulates an actual certificate of canvass or a print or
21 
digital copy thereof; or forges thereon the signature of any or all of the members of
22 
the board of canvassers, barangay board of canvassers, or plebiscite board of
23 
canvassers, as the case may be, shall be liable for an election offense.
24 
In the event that the simulation constitutes electoral sabotage as defined
25 
under Article 45, the offender shall be liable thereunder.
26 
SEC. 433. Offenses attributable to the citizens' arm during canvassing. - In
27 
addition to the election offenses mentioned in the preceding sections, any member
28 
or officer of the duly accredited citizens' arm shall be liable for an election offense
29 
for the following acts or omissions:
30 
(a) Refusal to present the citizens' arm to present for perusal its copy of the
31 
election return to the board of canvassers; or
32 
(b) Presentation by the citizens' arm of tampered or spurious election returns.
33 
SEC. 434. Other offenses related to the counting and canvassing of votes. -
34 
Any person who, in the presence or within the hearing of any board of canvassers,
35 
barangay board of canvassers, or plebiscite board of canvassers during any of its
36 
meetings, conducts himself in such a disorderly manner as to interrupt or disrupt the
37 
work or proceedings to the end of preventing said body from performing its
38 
functions, either partly or totally shall be liable for an election offense.
186


1 
Any public official or person acting in his behalf who, without prior authority
2 
from the Commission, relieves any member of the electoral board, barangay
3 
electoral board, plebiscite committee, board of canvassers, barangay board of
4 
canvassers, plebiscite board of canvassers or any of the ballot reception and custody
5 
group from the polling center or canvassing center to which such member is
6 
assigned; or who changes or causes the change of assignments of any of such
7 
member from one polling center or canvassing center to another polling center or
8 
canvassing center, as the case may be, shall be guilty of an election offense.
9 
Article 43
10 
Offenses Against the Integrity of the Ballots, Election Returns, Certificates
11 
of Canvass and Devices Used in Voting, Counting, and Canvassing
12 
SEC. 435. Unauthorized use, tampering with, damaging, destruction, or
13 
steaiing of eiection paraphernaiia. - Any person who, without legal authority, utilizes,
14 
tampers with, damages, destroys, substitutes or takes away from the possession of
15 
those having legal custody thereof, or from the place where they are legally
16 
deposited, the ballot box, official ballots, election returns, certificates of canvass,
17 
electronic devices or their components, peripherals or supplies, and any other
18 
election paraphernalia, whether before, during, or after voting or during canvassing
19 
or transmission of results, shall be liable for an election offense.
20 
SEC. 436. Unauthorized opening of the baiiot box; removai or destruction of
21 
its contents. - Any person having legal custody of the ballot box containing the
22 
official ballots used in the election who opens or destroys said box or removes or
23 
destroys its contents shall be liable for an election offense: Provided, That no
24 
criminal, civil, or administrative liability shall attach if the opening of the ballot box
25 
or removal of its contents is sanctioned under the provisions of this Code or by the
26 
Commission or if the destruction of the contents of the ballot box was made under
27 
the express order of the Commission.
28 
Any person who, through his negligence, enables any person to commit any
29 
of the aforementioned acts, or takes away said ballot box from his custody shall
30 
likewise be guilty of an election offense.
31 
SEC. 437. Unauthorized interference with the vote counting and canvassing
32 
systems. - Any person who interferes, impedes, absconds, or prevents the
33 
installation or use of the computer counting devices and the processing, storage,
34 
generation, and transmission of election results, data or information; or unlawfully
35 
gains access to the software for such devices; or who alters, destroys, replaces,
36 
intercepts, or discloses any computer data, program, software or any computer-
37 
related devices, facilities, hardware or equipment used for the voting, counting of
187


1 
votes, transmission of voting results, or canvassing of votes, shall be guilty of an
2 
election offense.
3 
SEC. 438. Obstruction of transmission of resuits. - It shall be unlawful for
4 
any person to delay, obstruct, impede or prevent through force, violence, coercion,
5 
intimidation or by any means which vitiates consent, the transmittal of the election
6 
returns, certificates of canvass, or the storage device upon which such document or
7 
documents are stored, or to take away, abscond with, destroy, deface, mutilate or
8 
substitute the election returns, certificates of canvass, the ballot box containing the
9 
election returns, or the storage device on which the election returns or certificate
10 
canvass of votes is stored or to violate the right of the watchers.
11 
It shall likewise be unlawful for any person to alter, intercept, delay, replace,
12 
prevent, or otherwise interfere with, in any manner, the electronic transmission of
13 
the results of the voting. Any illegal access or data or system interference, as
14 
defined in R.A. 10175 on the server, database, or computer system used in the
15 
transmission and/or consolidation of the results of voting shall constitute an election
16 
offense.
17 
Should the act or acts under this Section constitute electoral sabotage under
18 
Article 45, the offender or offenders shall be prosecuted and punished thereunder.
19 
SEC. 439. Failure to account for or preserve the ballot box, ballots, election
20 
returns, certificates of canvass, vote counting equipment and other election devices.
21 
- Any public official who neglects or fails to properly preserve or account for any
22 
ballot box, official ballot, election returns, certificates of canvass, other election
23 
documents and forms, vote counting machine, canvassing system, and other
24 
election devices and paraphernalia received by him and kept under his custody shall
25 
be liable for an election offense.
26 
The provincial, city, or municipal treasurer, the members of the custody
27 
group, the election officer, or any other person who is required by law or by the
28 
Commission to keep a record of the quantity, serial numbers, and such other details
29 
of the official ballots, election returns, certificates of canvass, ballot boxes, counting
30 
machines, and/or storage devices who fails to keep such record; or who keeps a
31 
record that has been falsified; or who fails to furnish the representatives of the
32 
dominant majority and minority parties and/or the Commission thereof shall be
33 
guilty of an election offense.
34 
SEC. 440. Unauthorized printing or distribution of ballots. - Any person who,
35 
without authority, prints or causes the printing of any ballot or election returns that
36 
appears as official ballots or election returns or who distributes or causes the same
37 
to be distributed for use in the election, whether or not they are actually used, shall
38 
be guilty of an election offense.
188


1 
Any official or employee of the National Printing Office or the Bangko Sentral
2 
ng Pilipinas or of the Commission or any member of the committee in charge of the
3 
printing of official ballots or election returns who causes official ballots or election
4 
returns to be printed in quantities exceeding those authorized by the Commission; or
5 
who distributes, delivers, or in any manner disposes of or causes to be distributed,
6 
delivered, or disposed of, any official ballot or election returns to any person or
7 
persons not authorized by law or by the Commission to receive or keep official
8 
ballots or election returns; or who distributes, delivers, or in any manner disposes of
9 
or causes to be distributed, delivered, or disposed of, the official ballots or election
10 
returns in quantities exceeding those authorized by the Commission; or who sends
11 
or causes them to be sent to any place not designated by law or by the Commission,
12 
shall be liable for an election offense.
13 
Any person who causes the printing of the ballots by any entity other than the
14 
Bangko Sentral ng Pilipinas and/or the National Printing Office shall likewise be
15 
criminally liable.
16 
SEC. 441. Disallowing watchers from observing pre-election preparations. -
17 
Any person who unjustifiably disallows duly authorized watchers from observing the
18 
printing of ballots, distribution of ballots, configuration of vote counting machines
19 
and memory devices to be used for elections, and other preparations undertaken by
20 
the Commission for the elections which, by the provisions of this Code or by the
21 
rules and regulations of the Commission, should be observed by such watchers; or
22 
who unlawfully prevents any authorized watcher present at such preparations or
23 
activities from fully observing the same or from taking down notes thereof to the
24 
extent allowed by this Code or by the Commission, shall be liable for an election
25 
offense.
26 
SEC. 442. Use of simulated election documents. - Any person who presents
27 
in evidence a simulated copy of an election return, certificate of canvass or
28 
statement of votes, or a printed copy of an election return, certificate of canvass or
29 
statement of votes bearing a simulated certification or a simuiated image, shall be
30 
guilty of an election offense.
31 
SEC. 443. Acts violating the integrity of the official ballots, election returns,
32 
and certificates of canvass. - Any person who, through any act, means or device,
33 
violates the integrity of any official ballot or election returns before or after they are
34 
used in the election, or the integrity of the certificate of canvass, shall be liable for
35 
an election offense.
36 
SEC. 444. Other election offenses pertaining to the integrity of the ballots
37 
and other election documents. - Any person who violates Sections 220, 221, 222,
38 
and 240 of this Code or the rules and regulations promulgated by the Commission
39 
pursuant thereto shall be guilty of an election offense.
189


1 
Article 44
2 
Election Offenses Related to Overseas Voting
3 
SEC. 445. In addition to the prohibited acts under other Articles in this
4 
Chapter, the following acts, when committed within the context of overseas voter
5 
registration, overseas voting, overseas counting of votes, or overseas canvassing of
6 
votes, shall be unlawful:
7 
(a) For any officer or employee of the Philippine government to influence or
8 
attempt to influence any overseas voter to vote or not to vote for a particular
9 
candidate;
10 
(b)For any person to unlawfully deprive any overseas voter or registrant for
11 
overseas voting of his or her rights as set forth in this Code, or to give false
12 
information as to one's name, address, or period of residence for the
13 
purposes of establishing the eligibility or ineligibility to register or vote under
14 
Chapter VI of this Code; or to conspire with another person for the purpose of
15 
encouraging the giving of false information in order to establish the eligibility
16 
or ineligibility of any individual to register or vote under aforesaid Chapter; or,
17 
to pay, or offer to pay, or to accept payment either for application for
18 
registration, or for voting;
19 
(c) For any person to steal, conceal, alter, destroy, mutilate, manipulate, or in
20 
any way tamper with the mail containing the ballots for overseas voters, the
21 
election returns, or any record, document or paper required for purposes of
22 
overseas voting;
23 
(d)For any deputized agent of the Commission to refuse without justifiable
24 
ground, to serve or continue serving, or to comply with one's sworn duties
25 
after acceptance of the deputization;
26 
(e) For any public officer or employee or accredited or deputized organization or
27 
association to cause the preparation, printing, distribution or posting of
28 
information or material pertaining to overseas voting, without the prior
29 
approval of the Commission;
30 
(f) For any public officer or employee to cause the transfer, promotion,
31 
extension, recall of any member of the foreign service corps, including
32 
members of the attached agencies, or otherwise cause the movement of any
33 
such member from the current post or position one (1) year before and three
34 
(3) months after the day of elections, without securing the prior approval of
35 
the Commission;
190


1 
(g) For any person who, after being deputized by the Commission to undertake
2 
activities in connection with the implementation of overseas voting, shall
3 
campaign for or assist, in whatever manner, candidates in the elections;
4 
(h) For any person to engage in partisan political activity abroad during the thirty
5 
(30)-day overseas voting period for overseas voting; or
6 
(i) For any person, who is not a citizen of the Philippines, to participate, by word
7 
or deed, directly or indirectly through qualified organizations/associations, in
8 
any manner and at any stage of the Philippine political process abroad,
9 
including participation in the campaign and elections;
10 
Should any of the foregoing act or acts constitute electoral sabotage under
11 
Article 45, the offender or offenders shall be prosecuted and punished thereunder:
12 
Provided, That Section 446 shall still apply.
13 
SEC. 446. Extra-territorial application. - The provision of existing laws to the
14 
contrary notwithstanding, and with due regard to the Principle of Double Criminality,
15 
the prohibited acts described in the preceding section are electoral offenses and
16 
shall be punishable in the Philippines regardless of its place of commission. In cases
17 
where any of the acts in the preceding section is committed outside the territory of
18 
the Philippines, the Regional Trial Court of the City of Manila shall have jurisdiction
19 
to hear and try the case.
20
21 
Article 45
22 
Electoral Sabotage
23 
SEC. 447. Electoral Sabotage; how committed. - Electoral sabotage is
24 
committed by any person who tampers, increases, or decreases the votes received
25 
by a proposition, candidate, candidates, or party-list group in any election; or by any
26 
member of the electoral board, barangay electoral board, board of canvassers, or
27 
barangay board of canvassers who refuses, after proper verification and hearing, to
28 
credit the correct votes or deduct such tampered votes; when any of the foiiowing
29 
circumstances is present:
30 
(1) The tampering, increase and / or decrease of votes perpetrated or the refusal
31 
to credit the correct votes or to deduct tampered votes, is/are committed in the
32 
election of a national elective office or in a national plebiscite, referendum, or
33 
initiative, which is voted upon nationwide and the tampering, increase and/ or
34 
decrease of votes or refusal to credit the correct votes or to deduct tampered
35 
votes, shall adversely affect the results of the election to the said national
36 
office or the results of a national plebiscite, referendum, or initiative, to the
37 
extent that a losing candidate/s or proposition is /are made to appear as the
38 
winner/s;
191


1 
(2) Regardless of the elective office or type of plebiscite, referendum, or initiative
2 
involved, when the tampering, increase and/or decrease of votes committed or
3 
the refusal to credit the correct votes or to deduct tampered votes perpetrated
4 
, is accomplished in a single election document or in the transposition of the
5 
figure / results from one election document to another and involved in the said
6 
tampering, increase, and/or decrease or refusal to credit correct votes or
7 
deduct tampered votes exceed five thousand (5,000) votes, and that the same
8 
adversely affects the true results of the election, plebiscite, referendum, or
9 
initiative; or
10 
(3) Regardless of the elective office or type of plebiscite, referendum, or initiative
11 
involved and the results of the election or such plebiscite, referendum, or
12 
initiative, the tampering, increase/s and/ or decrease/s of votes perpetuated or
13 
the refusal to credit the correct votes or deduct the tampered votes, involves
14 
more than ten thousand (10,000) votes.
15 
SEC. 448. Who are liable; extent of liability. - In cases involving electoral
16 
sabotage, as defined in this Article, the following persons shall be liable:
17 
(a) Any and all persons or individuals who actually performed the tampering,
18 
increase, or decrease of votes;
19 
(b)Any and all members of the electoral board, barangay electoral board,
20 
plebiscite committee, board of canvassers, barangay board of canvassers, or
21 
plebiscite board of canvassers who refused to credit the correct votes or to
22 
deduct tampered votes; or who consented to such refusal to credit the correct
23 
votes or to deduct tampered votes; or who fails to object and put into the
24 
minutes his or her objection to the refusal to credit the correct votes or to
25 
deduct tampered votes;
26 
(c)Any and all persons who ordered, induced, caused, or conspired with the
27 
person or persons who tampered, increased, or decreased the votes, or with
28 
the member or members of the electoral board, barangay electoral board,
29 
plebiscite committee, board of canvassers, barangay board of canvassers, or
30 
plebiscite board of canvassers who refused to credit the correct votes or to
31 
deduct tampered votes, shall be liable to the same extent as the actual
32 
perpetrator or perpetrators; and
33 
(d)Any and all persons who acted as accomplices or accessories, as understood
34 
under the Revised Penal Code, shall be liable to the same extent as the actual
35 
perpetrator of the acts or omissions constituting electoral sabotage.
36 
SEC. 449. Prosecution. - Any of the following shall be sufficient basis to
37 
establish prima facie that there is probable cause that electoral sabotage has been
38 
committed and that the persons involved therein are liable therefor:
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1 
(a) When at least five thousand (5,000) of the official ballots do not contain any
2 
of the security features prescribed under Section 182 of this Code or if such
3 
security feature/s features is/are defective or tampered with;
4 
(b)When at least five thousand (5,000) of the official ballots omit the name of
5 
one or more candidates for a national position; or the name of a candidate or
6 
candidates for national office is indicated under any position other than the
7 
one for which he or she is seeking election; or there are unnecessary marks
8 
in such ballots; or there is any other similar irregularity therein; or
9 
(c) When a total of at least (5,000) official ballots were printed or distributed in
10 
excess of the total number of ballots allowed to be printed or distributed.
11 
Nothing in this Section shall be interpreted as to exclude or render
12 
inadmissible such other evidence as may be sufficient to establish probable cause
13 
that electoral sabotage has been committed and/or the person in question is
14 
probably guilty thereof. Neither shall the existence of the any of the foregoing be
15 
required to indict, investigate, prosecute or convict any person for electoral
16 
sabotage.
17
18 
Article 46
19 
Other Election Offenses
20 
SEC. 450. Wagering upon the result of the election. - Any person who bets
21 
or wagers upon the outcome of, or any contingency connected with an election,
22 
plebiscite, initiative, or referendum shall be guilty of an election offense. Any money
23 
or thing of value or deposit of money or thing of value situated anywhere in the
24 
Philippines put as such bet or wager shall be forfeited in favor of the government.
25 
SEC. 451. Coercion of election officials and employees. - Any person who,
26 
directly or indirectly, threatens, intimidates, terrorizes or coerces any election official
27 
or employee in the performance of his official functions or duties, shall be liable for
28 
an election offense.
29 
SEC. 452. Liquor ban. - Any person who sells, furnishes, offers, buys, serves
30 
or takes intoxicating liquor on the day of the election, plebiscite, initiative, or
31 
referendum or on the day prior thereto shall be liable for an election offense.
32 
In case of plebiscite, initiative, or referendum, the prohibition hereunder shall
33 
only be effective within the areas covered or affected by such plebiscite, initiative, or
34 
referendum.
35 
SEC. 453. Ban on certain activities. - Any person who, on the day of the
36 
election, plebiscite, initiative, or referendum, holds fairs, cockfights, boxing matches,
37 
horse races, jai-alai, or any other similar sports shall be liable for an election
38 
offense.
193


1 
In case of plebiscite, initiative, or referendum, the prohibition hereunder shall
2 
only be effective within the areas covered or affected by such plebiscite, initiative, or
3 
referendum.
4 
SEC. 454. Unlawful continuation of candidacy. - It shall be unlawful for any
5 
person whose certificate of candidacy has been cancelled or who has been declared
6 
a nuisance candidate or who has been disqualified from continuing his candidacy by
7 
final and executory judgment to continue campaigning and holding himself out as a
8 
candidate in the same election to which such cancelled certificate of candidacy,
9 
declaration of being a nuisance candidate, or disqualification relates.
10 
SEC. 455. Unlawful delay in the payment of the per diems and allowances of
11 
election workers. - It shall be unlawful for any public official to cause any
12 
unjustifiable delay in the payment of the per diem and allowances of any member of
13 
the electoral board, barangay electoral board, plebiscite committee, board of
14 
canvassers, barangay board of canvassers, plebiscite board of canvassers, support
15 
staff, or any other person deputized by the Commission to perform election duties.
16
17 
Article 47
18 
Penalties And Other Provisions Pertaining To Election Offenses
19 
SEC. 456. Persons criminally liable. - The principals, accomplices, and
20 
accessories, as defined in the Revised Penal Code, shall be criminally liable for the
21 
election offenses mentioned in this Chapter.
22 
If the one responsible is a political or sectoral party, organization or an entity,
23 
its chairperson, president or head, as well as its officials and employees who are
24 
performing duties connected with the offense committed and the members who took
25 
part in the commission of said offense, who may be principals, accomplices, or
26 
accessories, shall be liable, in addition to the liability of such party or entity.
27 
SEC. 457. Prosecution. - The Commission shall, through its duly authorized
28 
legal officers, have the power, concurrent with the other prosecuting arms of the
29 
government, to conduct preliminary investigation of all election offenses punishable
30 
under this Code, and prosecute the same.
31 
SEC. 458. Applicability of Chapter X to all electoral exercises. - The election
32 
offenses defined and punished under this Chapter shall apply to all national, local,
33 
regional, barangay, special, and recall elections.
34 
Furthermore, to the extent practicable and legally permissible, the offenses
35 
under this Chapter shall apply to the conduct of any plebiscite, referendum, or
36 
initiative.
37 
SEC. 459 Penalties. -
194


1 
(A)The penalty of prision correccional in its maximum period shall be meted against
2 
any person found guilty of committing any of the election offenses covered by
3 
Articles 37, 38, 39, and 40 of this Code;
4 
(B)The penalty of prision correccional in its maximum period shall be meted against
5 
any person found guilty of committing any of the election offenses covered by
6 
Article 41, except those under Sections 416, 419, 420, 422 (a), (b), (c), (d), and
7 
(e), and 423 (b) thereof.
8 
The penalty prision mayor in its minimum period shall be imposed upon any
9 
person found guilty under Sections 416, 419, 420, 422 (a), (b), (c), (d), and
10 
(e), and 423 (b), without the benefit of the operation of the Indeterminate
11 
Sentence Law. If the offender is a public officer or a candidate, the penalty shall
12 
be prision mayor in its medium period. In addition, the offender shall be
13 
sentenced to suffer perpetual disqualification to hold public office and
14 
deprivation of the right to vote.
15 
(C)The penalty of prision correccional in its maximum period shall be meted against
16 
any person found guilty of committing any of the election offenses covered by
17 
Article 42, except those under Sections 424 (a), (b), (c), (d), (e), and (h), 426,
18 
428 (f), (h), (k), and (q), 430, or 432 thereof.
19 
The penalty prision mayor in its minimum period shall be imposed upon any
20 
person found guilty under Sections 424 (a), (b), (c), (d), (e), and (h), 426, 428
21 
(f), (h), (k), and (q), 430, or 432, without the benefit of the operation of the
22 
Indeterminate Sentence Law. If the offender is a public officer or a candidate,
23 
the penalty shall be prision mayor in its medium period. In addition, the offender
24 
shall be sentenced to suffer perpetual disqualification to hold public office and
25 
deprivation of the right to vote.
26 
(D)The penalty of prision mayor in its minimum period shall be imposed upon any
27 
person found guilty of committing any of the election offenses under Article 43
28 
of this Code, except the election offense defined in Section 441 thereof. The
29 
penalty of prision correctional in its maximum period shall be imposed upon any
30 
person found guilty under Section 441.
31 
All persons found guilty of committing any of the offenses covered by Article 43,
32 
except for the offense under Section 441, cannot avail of the benefit of the
33 
operation of the Indeterminate Sentence Law. If the offender is a public officer
34 
or a candidate, the penalty shall be prision mayor in its medium period. In
35 
addition, the offender shall be sentenced to suffer perpetual disqualification to
36 
hold public office and deprivation of the right to vote.
37 
(E) For election offenses covered by Article 44, except Section 445 (c) thereof, the
38 
penalty shall be prision correccional in its maximum period.
195


1 
The penalty of prision mayor in its minimum period shall be imposed upon any
2 
person found guilty under Section 445 (c) without the benefit of the operation of
3 
the Indeterminate Sentence Law. If the offender is a public officer or a
4 
candidate, the penalty shall be prision mayor in its medium period. In addition,
5 
the offender shall be sentenced to suffer perpetual disqualification to hold public
6 
office and deprivation of the right to vote.
7 
(F)Any person found guilty of electoral sabotage, as defined under Article 45,
8 
whether as a principal, accomplice, or accessory, shall be meted the penalty of
9 
life imprisonment and shall be automatically perpetually disqualified from holding
10 
public office and from exercising his or her right to suffrage.
11 
(G)The penalty of arresto mayor in its maximum period shall be imposed upon any
12 
person who is found guilty of violation any of the offenses covered by Article 46,
13 
except for the offense under Section 451 thereof.
14 
(H)The penalty of prision mayor in its minimum period shall be imposed upon any
15 
person found guilty under Section 451 without the benefit of the operation of
16 
the Indeterminate Sentence Law. If the offender is a public officer or a
17 
candidate, the penalty shall be prision mayor in its medium period. In addition,
18 
the offender shall be sentenced to suffer perpetual disqualification to hold public
19 
office and deprivation of the right to vote.
20 
SEC. 460. Disqualification. - Except in instances when the Code prescribes
21 
for perpetual disqualification to hold public office and/or to exercise the right of
22 
suffrage, any person who is convicted by final judgment of any election offense
23 
under this Code shall be disqualified from holding public office and from exercising
24 
his or her right to vote during the duration of his sentence and for five years
25 
thereafter.
26 
SEC. 461. Use of information and communications technology. - The penalty
27 
to be imposed for any of the offenses under this Chapter shall be one (1) degree
28 
higher if the same was committed by, through or with the use of information and
29 
communications technologies.
30 
SEC. 462. Liability under other laws. - A prosecution or conviction under this
31 
Code shall be without prejudice to any liability for violation of any provision of the
32 
Revised Penal Code, as amended, or special laws.
33 
SEC. 463. Prescription. - The offense of electoral sabotage under Article 45
34 
shall prescribe after twenty (20) years from the date of its commission. All other
35 
election offenses under this Chapter shall prescribe after ten (10) years from the
36 
date of their commission.
37 
In all cases, if the discovery of the offense be made in an election contest
38 
proceeding, the period of prescription shall commence on the date on which the
39 
judgment in such proceedings becomes final and executory.
196


1 
SEC. 464. Preferential disposition of election offenses. - The investigation
2 
and prosecution of cases involving violations of the election laws shall be given
3 
preference and priority by the Commission on Elections and prosecuting officials.
4 
Their investigation shall be commenced without delay, and shall be resolved by the
5 
investigating officer within five days from its submission for resolution. The courts
6 
shall likewise give preference to election offenses over all other cases, except
7 
petitions for the issuance of a temporary protection order in cases involving violence
8 
against women and children, petitions for a Writ of Habeas Corpus or Writ of
9 
Amparo, and such other cases which the Supreme Court shall deem very urgent.
10 
Their trial shall likewise be commenced without delay, and shall be conducted
11 
continuously until terminated. The case shall be decided within thirty days from its
12 
submission for decision.
13 
SEC. 465. Arrest in connection with the election campaign. - No person shall
14 
be arrested and/or detained at any time for any alleged offense committed during
15 
and in connection with any election through any act or language tending to support
16 
or oppose any candidate, political party or coalition of political parties under or
17 
pursuant to any order of whatever name or nature and by whomsoever issued
18 
except only upon a warrant of arrest issued by a competent judge after all the
19 
requirements of the Constitution shall have been strictly complied with.
20
21 
CHAPTER XI
22 
FINAL PROVISIONS
23
24 
Article 48
25 
Transitory and Final Provisions
26 
SEC. 466. Pending actions. - Pending actions and causes of action arising
27 
before the effectivity of this Code shall be governed by the laws then in force.
28 
SEC. 467. Designation of Other Dates for certain Pre-election Acts. - If it
29 
should no longer be reasonably possible to observe the periods and dates prescribed
30 
by law for certain pre-election acts, the Commission shall fix other periods and dates
31 
in order to ensure accomplishment of the activities so voters shall not be deprived of
32 
their right of suffrage.
33 
SEC. 468. Separability clause. - Should any portion of this Code be declared
34 
unconstitutional, the other subparagraphs, paragraphs, sections, articles, or chapters
35 
not affected thereby shall remain valid and effective.
36 
SEC. 469. Repealing clause. - All laws, decrees, orders, and issuances, or
37 
portions thereof, which are inconsistent with the provisions of this Act, are hereby
38 
repealed, amended, or modified accordingly.
197


1 
SEC. 470. Effectivity. - This Code shall take effect thirty (30) days after its
2 
publication in two daily newspapers of general circulation.
Approved,
198