NINETEENTH CONGRESS OF THE) 
REPUBLIC OF THE PHILIPPINES ) 
First Regular Session. 
)
SENATE
S.B. No. 1 79
’22 JUL-7 P4 31
RHCEiVcD BY.
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 
the 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 
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of the land, is no longer applicable or reliable.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 of its implementation. In 
addition, the need to ensure that senior citizens, persons with disabilities, pregnant 
women, indigenous peoples, and internally displaced persons are given ample 
opportunity to cast their votes calls for the expansion of local absentee voting and the 
institutionalization of the emergency accessible polling places. 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.
B h-
IMEE R. MAR9^


NINETEENTH CONGRESS OF THE) 
REPUBLIC OF THE PHILIPPINES ) 
First Regular Session 
)
S.B. No.
SENATE179
«r.. i jismt’’*?
of tijc
*22 JUL-7 P4 31
Rl'CElVED BY;
Introduced by SENATOR IMEE R. MARCOS
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 and
14 
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 by
18 
any person in need thereof on the registration, revision and election days.
19 
SEC. 4. Official mail and telegram relative to elections. - Papers connected with
20 
the election and required by this Code to be sent by public officers in the performance
21 
of their election duties shall be free of postage and sent by registered special delivery
22 
mail. Telecommunications of the same nature shall likewise be transmitted free of
23 
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.
6
7 
Article 2
8 
Definition of Terms
9 
SEC. 5. Definition of Terms. - As used in this Code and except when otherwise
10 
indicated, the following terms shall be defined as follows:
11 
(1) "Accessibie Poiiing Piece" refers to the venue where the Board of Election
12 
Inspectors (BEIs) conducts election-related proceedings and where the voters
13 
cast their votes. The accessible polling place shall be located at the ground
14 
floor, preferably near the entrance of the building, shall be readily accessible
15 
to public transportation, shall be free of any physical barriers, and provided
16 
with the necessary infrastructure including assistive devices, transport
17 
wheelchairs, ramps, railings, sidewalks, adequate lighting, ventilation, sufficient
18 
signage and directional signs, lists of candidates transcribed in braille, and other
19 
features for PWDs, pregnant women, and senior citizens, as well as support
20 
services of experts in assisting persons with disabilities such as sign language
21 
interpreters. Accessible polling places shall be located in public schools, town
22 
hails or plazas, civic centers, community centers, or other similarly designated
23 
venues. In designating the accessible polling places, the Commission shall give
24 
preference to venues designed with special features to ensure the safety and
25 
comfort of senior citizens, pregnant women, and persons with disabilities.
26
27 
(2) nBlog"en(}i Xoiiective biog"refers to websites on which an individual or group
28 
of users, respectively, record news, opinions, and 
information, in varying
29 
degrees of regularity. A "micro-blog" refers to a blogging format which allows
30 
users to exchange small elements of content, referred to variously as posts,
31 
entries or status updates, such as short sentences, individual images, or links
32 
to video material uploaded to the internet.
33 
(3) The term ''candidate" refers to any person seeking an elective public office,
34 
who has filed his or her certificate of candidacy, and who has not died,
35 
withdrawn his or her certificate of candidacy, had his or her certificate of
36 
candidacy denied due course or cancelled, or has been otherwise disqualified:
37 
Provided^ That, unlawful acts or omissions applicable to a candidate shall take
38 
effect immediately after the last day of filing of the certificate of candidacy.
39 
The term also refers to any duly registered national or regional political party,
40 
coalition of political parties, sectoral parties, or sectoral organizations that has
41 
filed a manifestation of intent to participate under the party-list system, which


1 
has not withdrawn the said manifestation, and which has not been disqualified
2 
or had its registration cancelled.
3 
(4) "Certified List of Overseas Voters (CLOV)" refers to the list of registered
4 
overseas voters whose applications to vote overseas have been approved by
5 
the Commission, said list to be prepared by the Office for Overseas Voting of
6 
the Commission, on a country-by-country and post-by-post basis. The list shall
7 
be approved by the Commission in an en banc resolution.
8 
(5) A "coaiitionr/refers to an aggrupation of duly registered national political parties
9 
or regional political parties.
10 
(6) The terms "Contractors"diX\6 "business firms" refer to any person, natural or
11 
juridical, or firm to whom any electoral expenditure is made, including but not
12 
limited to, media entities, media outlets, internet and social media platforms,
13 
advertising agencies, public relations firms and other intermediaries, event
14 
organizers, talent endorsers and their managers, digital influencers, and
15 
printing press for the purpose of entering into political advertisement contracts.
16 
"Social media associates" refer to contractors whose primary duty is to promote
17 
the election or defeat of any candidate through social media interactions and
18 
engagement.
19 
(7) The term "contribution"\r\c\udes a gift, donation, subscription, loan, advance
20 
or deposit of money or anything of value, or a contract, promise or agreement
21 
to contribute, whether or not legally enforceable, made for the purpose of
22 
influencing the results of the elections but shall not include services rendered
23 
without compensation by individuals volunteering a portion or all of their time
24 
in behalf of a candidate, party, organization, or coalition of parties. It shall also
25 
include the use of facilities voluntarily donated by other persons, the money
26 
value of which can be assessed based on the rates prevailing in the area.
27 
(8) 
"Day of Section" refers to the actual date of elections in the Philippines
28 
(9) 
"Department of Foreign Affairs Overseas Voting Secretariat" {DFA-OyS) refers
29 
to the secretariat based at the Department of Foreign Affairs (DFA) home office
30 
tasked to assist the Office for Overseas Voting (OFOV) under the Commission,
31 
and to direct, coordinate and oversee the participation of the DFA in the
32 
implementation of the Overseas Voting Act.
33 
(10) "E-raiiy" refers to a rally under this Article which is conducted for an online
34 
audience.
35 
(11) "Eiection campaign"or "partisan politicai activity"refers to any act designed to
36 
promote the election or defeat of a particular candidate or candidates to a
37 
public office, and shall include any of the following:


1 
(a) Forming organizations, associations, clubs, committees or other groups
2 
of persons for the purpose of soliciting votes and/or undertaking any
3 
campaign for or against a candidate;
4 
(b) Creating on any social media platform, user groups or community pages,
5 
for the purpose of conducting campaigns or related partisan political
6 
activity;
7 
(c) Holding political caucuses, conferences, meetings, rallies, parades or
8 
other similar assemblies for the purpose of 
soliciting votes and/or
9 
undertaking any campaign or propaganda for or against a candidate;
10 
(d) Making speeches, announcements or commentaries, or holding
11 
interviews for or against the election of any candidate for public office;
12 
(e) Publishing, displaying, or distributing campaign literature or materials
13 
designed to support or oppose the election of any candidate; or
14 
(f) Directly or indirectly soliciting votes, pledges, or support for or against
15 
any candidate.
16 
Personal opinions, views, and preferences for candidates, contained in blogs
17 
and micro-blogs shall not be considered as acts of election campaigning or
18 
partisan political activity unless expressed by government officials and
19 
employees, including contract of service and job order personnel.
20 
(12) '"Election returns"refers to a) a document in electronic and printed form directly
21 
produced by the counting or voting machine, showing the date of the election,
22 
the province, municipality and the precinct in which it is held and the votes in
23 
figures for each candidate in a precinct and b) a document in printed form and
24 
manually accomplished for purposes of reflecting the manual count of the votes
25 
at the polling precinct, showing the date of the election, the province,
26 
municipality, and the precinct in which it is held and the votes in figures for
27 
each precinct.
28 
In barangay and Sangguniang Kabataan elections and in other electoral
29 
exercises that uses the manual system, election returns shall be understood to
30 
be the document in printed form and manually accomplished for purposes of
31 
reflecting the manual count of the votes at the polling precinct, showing the
32 
date of the election or any other electoral exercise, the province, municipality,
33 
and the precinct in which it is held and the votes in figures for each precinct.
34 
(13) 'Election survey" refers to the measurement of opinions and perception of
35 
voters as regards a candidate's popularity, qualifications, platforms or matters
36 
of public discussion in relation to the election, including voters' preference for
37 
candidates or publicly discussed issues.


1 
(14) "Electoral aor5//and "electoralposts"refers to advertisements and social media
2 
posts that have for their primary purpose the promotion of the victory or defeat
3 
of an official candidate.
4 
(15) "Electronic transmission" refers to the conveyance of data in electronic form
5 
from one location to another.
6 
(16) "Exit polls" refers to a species of election survey conducted by a qualified
7 
individual or group for the purpose of determining the probable result of an
8 
election by confidentially asking randomly selected voters for the names of
9 
candidates they have voted for, immediately after they have officially cast their
10 
ballots.
11 
(17) The term "expenditure"\r\c\udes the payment or delivery of money of anything
12 
of value, or a contract, promise or agreement to make an expenditure, for the
13 
purpose of influencing the results of the election. It shall also include the use
14 
of facilities personally owned by the candidate, the money value of the use of
15 
which can be assessed based on the rates prevailing in the area.
16 
(18) "Field Registration"refers to the conduct of registration of overseas voters at
17 
predetermined locations, either in the Philippines, as may be determined by the
18 
Commission, or outside the posts, upon the favorable recommendation of the
19 
DFA-OVS, both being of limited duration and based on the guidelines prescribed
20 
by the Commission for that exclusive purpose; the government shall not collect
21 
fees for the same.
22 
(19) "Health Workers"sha\\ mean all persons who are engaged in health and health-
23 
related work, and all persons employed in all hospitals, sanitaria, health
24 
infirmaries, health centers, rural health units, barangay health stations, clinics,
25 
and other health-related establishments owned and operated by the
26 
government or its political subdivisions with original charters and shall include
27 
medical, allied health professional, administrative and support personnel
28 
employed regardless of their employment status.
29 
(20) "Hybrid election system"refers to a system using the appropriate technology
30 
which has been demonstrated in the voting, counting, consolidating,
31 
canvassing, and transmission of election results, and other electoral processes
32 
but also utilizes manual counting to ensure transparency and credibility of the
33 
electoral processes.
34 
(21) "Indigenouspeoples"refers to qualified voters who belong to a group of people
35 
or homogenous societies identified by self-ascription and ascription by others,
36 
who have continuously lived as organized community on communally bounded
37 
and defined territory, and who have, under claims of ownership since time
38 
immemorial, occupied, possessed and utilized such territories, sharing common
39 
bonds of language, customs, traditions and other distinctive cultural traits, or


1 
who have, through resistance to political, social and cultural inroads of
2 
colonization, non-indigenous religions and cultures, became historically
3 
differentiated from the majority of Filipinos. Indigenous peoples shall likewise
4 
include peoples who are regarded as indigenous on account of their descent
5 
from the populations which inhabited the country, at the time of conquest or
6 
colonization, or at the time of inroads of non-indigenous religions and cultures,
7 
or the establishment of present state boundaries, who retain some or all of
8 
their own social, economic, cultural and political institutions, but who may have
9 
been displaced from their traditional domains or who may have resettled
10 
outside their ancestral domains.
11 
(22) ’Initiative" to the power of the people to propose amendments to the
12 
Constitution or to propose and enact legislations through an election called for
13 
the purpose.
14 
(23) "Internaiiy Dispiaced Person"ov "IDP"refers to a person who has been forced
15 
or obliged to flee or to leave home or place of habitual residence within the
16 
national borders as a result of, or in order to avoid or minimize, the effects of
17 
armed conflict, situations of generalized and/or organized violence, violations
18 
of human rights, implementation of development projects, or natural and
19 
human-induced or human-made hazards or disasters.
20 
(24) "Livestreaming"refers to the live broadcasting of an event over the internet.
21 
(25) "Locai Absentee Voting" refers to a system of voting whereby government
22 
officials and employees, including the Armed Forces of the Philippines and the
23 
Philippine National Police, as well as members of the media, media practitioners
24 
including their technical and support staff, who are registered voters are
25 
allowed to vote for national positions, in places where they are not registered
26 
voters but where they are temporarily assigned to perform election duties on
27 
election day, or in case of media practitioners and their support staff, they will
28 
not be able to vote due to the performance of their functions in covering and
29 
reporting the elections.
30 
(26) "Marginaiized and underrepresented sectors" refer to the sectors expressly
31 
mentioned in Article VI, Section 5 of the Constitution and other sectors that
32 
are, by nature, economically, politically, culturally, or socially marginalized
33 
from, and/or underrepresented in, mainstream economic, political, cultural, or
34 
social activities. These sectors include fisherfolk, persons with disabilities,
35 
veterans, overseas workers, and other similar sectors.
36 
(27) "Mass media"refers to diversified technologies, operating on various platforms,
37 
that have for their primary purpose the transmission of information and
38 
communication to a large audience. These platforms include broadcast, internet
39 
and mobile, print, and outdoor. "Mass media entities" refer to individuals and


(28)
9
(29)
10
11
(30)
12
13
14
15
(31)
16
17
18
19
(32)
20
21
22
23
24
25
(33)
26
27
28
29
30
31
(34)
32
33
34
(35)
35
36
organizations that exercise control over these technologies and determine, 
whether directly or indirectly, the content being distributed using these 
technologies. "Social media" is a form of mass media.
"Medid practitioner"refers to a person who is not employed by a media entity 
but performs similar functions or has control over what is printed or broadcast 
such as a talent or a block timer.
Persons who create online content for personal or collective blogs and micro­
blogs shall be considered as media practitioners.
A "/77e/77e"refers to an image or video that is spread by internet users on various 
social media networks.
"Microtargeting" reters to a form of targeting online advertisement that uses 
the analysis of a person's online usage to preferentially serve advertisements 
and other information that specifically reflects that individual user's preferences 
and personality.
"Mobile Registration"refers to the conduct of registration of overseas voters at 
various locations outside the posts, other than at field registrations, undertaken 
as part of the posts' mobile consular and outreach activities to Filipinos within 
their jurisdictions.
"Municipai/City/District Registry of Overseas Voters (ROV)" refers to the 
consolidated list prepared, approved and maintained by the Commission for 
every municipality/city/district of overseas voters whose applications for 
registration as such, including those registered voters who applied for 
certification as overseas voters, have been approved by the Election 
Registration Board and/or resident Election Registration Board.
"National Registry of Overseas Voters (NROV)" refers to the consolidated list 
prepared, approved and maintained by the Commission of overseas voters 
whose applications for registration as overseas voters, including those 
registered voters under Republic Act No. 8189 who have applied to be certified 
as overseas voters, have been approved by the resident Election Registration 
Board, indicating the post where the overseas voter is registered.
"Office for Overseas Voting (OFOV)" refers to the Office of the Commission 
tasked to oversee and supervise the effective implementation of the Overseas 
Voting Act.
"Online campaigning"refers to the use of the internet to distribute campaign 
propaganda. This includes text-only posts on social media, pictures, audio dips 
and video clips, regardless of duration, and all combinations of such formats.


1 
(36) "'Overseas Voter"refers to a citizen of the Philippines who is qualified to register
2 
and vote under this Act, not otherwise disqualified by law, who is abroad on
3 
the day of elections.
4 
(37) "Overseas Voting" refers to the process by which qualified citizens of the
5 
Philippines abroad exercise their right to vote.
6 
(38) The term "person"\x\c\u6es an individual, partnership, committee, association,
7 
corporation, and any other organization or group of persons, as applicable. The
8 
use of the terms "he", "his", or "him", shall be understood to cover "she" or
9 
"her" as the case may be.
10 
(39) "Persons Deprived of Liberty" or "PDLdr refers to any person who is:
11 
(a) confined in jail, who has been formally charged for an offense and is
12 
awaiting or undergoing trial;
13 
(b) Serving a sentence of imprisonment for less than one (1) year; or
14 
(c) Convicted of a crime but has timely filed an appeal against such
15 
conviction.
16 
(40) "Persons with disabiiitied' or "PWDd' refers to qualified voters who have long
17 
term physical, mental, intellectual, or sensory impairments which, in interaction
18 
with various barriers, may hinder their full and effective participation in society
19 
on an equal basis with others.
20 
(41) "Piebiscite" refers to the electoral process by which an initiative on the
21 
Constitution is approved or rejected by the people.
22 
(42) "Poiiticai advertisement' or "election propaganda" refers to any matter
23 
broadcasted, published, printed, displayed, or exhibited, in any medium, which
24 
contains the name, image, logo, brand, insignia, initials, and other symbol or
25 
graphic representation that is capable of being associated with a candidate,
26 
and is exclusively intended to draw the attention of the public or a segment
27 
thereof to promote or oppose, directly or indirectly, the election of the said
28 
candidate or candidates to a public office. In broadcast media, political
29 
advertisements may take the form of spots, appearances on television shows
30 
and radio programs, live or taped announcements, teasers, and other forms of
31 
advertising messages or announcements used by commercial advertisers.
32 
(43) The term "poiiticaiparty"v\iher\ used in this Code, refers to an organized group
33 
of citizens advocating an ideology or platform, principles and policies for the
34 
general conduct of government and which, as the most immediate means of
35 
securing their adoption, regulariy nominates and supports certain of its leaders
36 
and members as candidates for public office.
37 
A political party is a national party when its constituency is spread over the
38 
geographical territory of at least a majority of the regions. It is a regional party


1 
when its constituency is spread over the geographical territory of at least a
2 
majority of the cities and provinces comprising the region.
3 
(44) "Posts" within the context of overseas voting, registration, or canvassing, refer
4 
to the Philippine embassies, consulates, foreign service establishments and
5 
other Philippine government agencies maintaining offices abroad and having
6 
jurisdiction over the places where the overseas voters reside.
7 
(45) "Pregnant women"vefev to qualified voters who are pregnant during election
8 
day regardless of the number of trimesters. For purposes of local absentee
9 
voting, the term shall refer to qualified voters who are pregnant at the time of
10 
registration to avail of absentee voting and who, in the natural course of events,
11 
are expected to remain pregnant during the period of absentee voting.
12 
(46) "Proposition"refers to the measure proposed by the voters.
13 
(47) "Pubiic places"shew mean any property, whether movable or immovable, that
14 
is owned or controlled by the Government and it shall include the properties
15 
owned or controlled by the local government units, government-owned and
16 
controlled corporations, and other agencies and instrumentalities of the
17 
Government.
18 
(48) The term "public utility"refers to any business or service engaged in regularly
19 
supplying the public with some commodity or service of public consequence
20 
such as electricity, gas, water, transportation, telephone, telegraph, or internet
21 
service.
22 
(49) "Quarantined and Hospitalized Persond' shall refer to persons who are
23 
quarantined or receiving medical treatment in quarantine facilities and hospitals
24 
accredited by the Commission due to the existing public health emergency.
25 
(50) "Referendum" refers to the power of the electorate to approve or reject a
26 
legislation through an election called for the purpose.
27 
(51) "Repatriated Overseas Voter" refers to a citizen of the Philippines registered
28 
and allowed to vote under Republic Act No. 9189, as amended, but was
29 
repatriated due to special circumstances such as armed conflict, issues in
30 
international relations, state of emergency or calamity, or any other analogous
31 
circumstances beyond the control or fault of the voter.
32 
(52) "Resident Election Registration Board (RERB)" refers to the in-house Election
33 
Registration Board in every post and in the OFOV, which processes, approves
34 
or disapproves all applications for registration and/or certification as overseas
35 
voters, including the deactivation, reactivation and cancellation of registration
36 
records.
37 
(53) "Satellite Registration"refers to registration conducted by an Election Officer in
38 
established satellite offices located in a public place within his or her area of


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
jurisdiction. It accepts application for registration, transfer or transfer with 
reactivation, reactivation of registration records, change or correction of entries 
and validation of registration from all registrants or voters residing within the 
Election Officer's territorial jurisdiction.
(54) "Seafarers"to ship officers and ratings manning ships, including offshore 
workers, service providers and fishermen, as denned in the revised rules on the 
issuance of seafarer's identification and record book of the Maritime Industry 
Authority.
(55) A "sectoral party"or "sectoral organization" refers to an organized group of 
citizens belonging to any of the marginalized and underrepresented sectors and 
whose principal advocacy pertains to the special interests and concerns of their 
sector.
(56) "Senior citizens"refer to qualified voters who are at least sixty (60) years old.
(57) "SocialMedia"refers to the collective online communication channels, including 
websites and applications, that enable users to create and share content, 
collaborate, and interact with each other. Video sharing sites which allow users 
to post comments on individual entries shall be considered as falling within the 
category of "social media." "Social Media Account" refers to a user's 
personalized access to a social networking site or application, typically using a 
username and password on the same social networking site. "Social Media Post" 
refers to any text, audio, or graphic content, or any combination thereof, 
published online using a social media account.
(58) "Source code" refers to the human readable instructions that define what a 
computer equipment will do.
(59) "Special registration" refers to registration conducted in established satellite 
offices by a special registration team designated by the Commission. It 
exclusively caters to first time person with disability and senior citizen 
registrants residing outside the area of jurisdiction of the regular Election 
Officer conducting the satellite registration.
(60) The terms "Statement of Contributions and Expenditures"or "SOCE" refers to 
the complete set of campaign finance disclosure statements that candidates, 
parties, or organizations are required to submit by law, in the for prescribed by 
the Commission.
Article 3
The Commission on Elections
SEC. 6. Powers and functions of the Commission on Elections. - The
Commission shall have exclusive charge of the enforcement and administration of all
laws and regulations relative to the conduct of election, plebiscite, initiative.
10


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


1 
(g) Exercise direct and immediate supervision and control over national and local
2 
officials or employees, including members of any national or local law enforcement
3 
agency and instrumentality of the government who it has deputized or who are
4 
required by law to perform duties relative to the conduct of elections.
5 
Commission may relieve any officer or employee referred to in the preceding
6 
paragraph from the performance of his or her duties relating to electoral processes
7 
who violates the election law or fails to comply with its instructions, orders,
8 
decisions or rulings, and appoint his substitute. The Commission shall recommend
9 
to the proper authority the removal of any officer or employee it has deputized,
10 
or the imposition of any other disciplinary action, for violation or disregard of, or
11 
disobedience to, its directive, order, or decision.
12 
(h) Register, after sufficient publication, political parties, organizations, or coalitions
13 
which, in addition to other requirements, must present their platform or program
14 
of government; and accredit citizens' arms of the Commission on Elections.
15 
Religious denominations and sects shall not be registered. Those which seek to
16 
achieve their goals through violence or unlawful means, or refuse to uphold and
17 
adhere to this Constitution, or which are supported by any foreign government
18 
shall likewise be refused registration.
19 
Financial contributions from foreign governments and their agencies to political
20 
parties, organizations, coalitions, or candidates related to elections, constitute
21 
interference in national affairs, and, when accepted, shall be an additional ground
22 
for the cancellation of their registration with the Commission, in addition to other
23 
penalties that may be prescribed by law.
24 
(i) File, upon a verified complaint, or on its own initiative, petitions in court for
25 
inclusion or exclusion of voters; investigate and, where appropriate, prosecute
26 
cases of violations of election laws, including acts or omissions constituting
27 
election frauds, offenses, and malpractices.
28 
(]) Recommend to the Congress effective measures to minimize election spending,
29 
including limitation of places where propaganda materials shall be posted, and to
30 
prevent and penalize all forms of election frauds, offenses, malpractices, and
31 
nuisance candidacies.
32 
(k) Submit to the President and the Congress, a comprehensive report on the conduct
33 
of each election, plebiscite, initiative, referendum, or recall.
34 
(1) Promulgate rules and regulations implementing the provisions of this Code or
35 
other laws which the Commission is required to enforce and administer, and
36 
require the payment of legal fees and collect the same in payment of any business
37 
done in the Commission, at rates that it may provide and fix in its rules and
38 
regulations.
12


1 
Rules and regulations promulgated by the Commission to implement the
2 
provisions of this Code shall take effect on the fifteenth day after publication in
3 
the Official Gazette or in at least two daily newspapers of general circulation.
4 
Orders and directives issued by the Commission pursuant to said rules and
5 
regulations shall be furnished by personal delivery to accredited political parties
6 
within forty-eight hours of issuance and shall take effect immediately upon receipt
7 
In case of conflict between rules, regulations, orders or directives of the
8 
Commission in the exercise of its constitutional powers and those issued by any
9 
other administrative office or agency of the government concerning the same
10 
matter relative to elections, the former shall prevail.
11 
(m)Prescribe the forms to be used in the election, plebiscite or referendum.
12 
(n) Procure any supplies, equipment, materials or services needed for the holding of
13 
the election, subject to the provisions of existing laws.
14 
(o) Prescribe the use or adoption of the latest technological and electronic devices,
15 
taking into account the situation prevailing in the area and the funds available for
16 
the purpose: Provided, That the Commission shall notify the authorized
17 
representatives of accredited political parties and candidates in areas affected by
18 
the use or adoption of technological and electronic devices not less than thirty
19 
days prior to the effectivity of the use of such devices.
20 
(p) Carry out a continuing and systematic campaign through newspapers of general
21 
circulation, radios and other media forms to educate the public and fully inform
22 
the electorate about election laws, procedures, decisions, and other matters
23 
relative to the work and duties of the Commission and the necessity of clean, free,
24 
orderly and honest electoral processes.
25 
(q) During the election period, supervise or regulate the enjoyment or utilization of
26 
all franchises or permits for the operation of transportation and other public
27 
utilities, media of communication or information, all grants, special privileges, or
28 
concessions granted by the Government or any subdivision, agency, or
29 
instrumentality thereof, including any government-owned or controlled
30 
corporation or Its subsidiary. Such supervision or regulation shall aim to ensure
31 
equal opportunity, time, and space, and the right to reply, including reasonable,
32 
equal rates therefor, for public information campaigns and forums among
33 
candidates in connection with the objective of holding free, orderly, honest,
34 
peaceful, and credible elections.
35 
(r) Enlist non-partisan group or organizations of citizens from the civic, youth,
36 
professional, educational, business or labor sectors known for their probity,
37 
Impartiality and integrity with the membership and capability to undertake a
38 
coordinated operation and activity to assist it in the implementation of the
39 
provisions of this Code and the resolutions, orders and instructions of the
13


1 
Commission for the purpose of ensuring free, orderly and honest elections in any
2 
constituency.
3 
The designation of any group or organization made in accordance herewith may
4 
be revoked by the Commission upon notice and hearing whenever by its
5 
actuations such group or organization has shown partiality to any political party
6 
or candidate, or has performed acts in excess or in contravention of the functions
7 
and duties herein provided and such others which may be granted by the
8 
Commission.
9 
(s) Fix other reasonable periods for certain pre-election requirements in order that
10 
voters shall not be deprived of their right of suffrage and certain groups of rights
11 
granted them in this Code.
12 
(t) After due notice and hearing, the Commission may inquire into the financial
13 
records of candidates, parties, any organization, or group of persons for the
14 
purpose of determining whether there is probable cause to hold that a such
15 
candidates, parties, organization, or group of persons has violated the law or
16 
regulation pertaining to electoral contributions and expenditures.
17 
For this purpose, the Commission may avail itself of the assistance of the
18 
Commission on Audit, the Bangko Sentral ng Pilipinas, the National Bureau of
19 
Investigation, the Bureau of Internal Revenue, and other agencies of the
20 
government.
21 
(u) Create, merge, or abolish departments, offices, divisions or units within the
22 
Commission, redistribute functions and reassign personnel, change designations
23 
of existing positions, subject to pertinent existing laws and regulations: Providedf
24 
however, That the security of tenure of officials or employees are fully protected.
25 
(v) Perform such other functions as are necessary or incidental to the enforcement
26 
and administration of all laws and regulations relative to the conduct of election,
27 
plebiscite, initiative, referendum, and recall for the purpose of ensuring free,
28 
orderly and honest elections
29 
SEC. 7. Field offices of the Commission. - The Commission shall have the
30 
following field offices:
31 
(1) Regional Election Office, headed by the Regional Election Director and assisted by
32 
the Assistant Regional Director and such other subordinate officers or employees
33 
as the Commission may appoint.
34 
(2) Provincial Election Office, headed by the Provincial Election Supervisor for each
35 
province and assisted by at least one election assistant and such number of
36 
assistants and other subordinate officers or employees as the Commission may
37 
appoint.
14


1 
(3) City/Municipal Election Office, headed by the City/Municipal Officer for each city
2 
of municipality, each election officer shall be assisted by at least one election
3 
assistant and such number of assistants and subordinate officers or employees as
4 
the Commission may appoint.
5 
The Commission may delegate its powers and functions or order the implementation
6 
or enforcement of its orders, rulings, or decisions through the heads of its field offices.
7 
SEC. 8. Automatic creation of positions of eiection officers. - Whenever new
8 
cities or municipalities are created, there shall be automatically created for the city or
9 
municipality, positions of election officers and election assistants in such number as
10 
determined pursuant to the ration established in the succeeding section.
11 
SEC. 9. Ratio of Election Assistants to registered voters. - There shall be a
12 
corresponding number of election assistant position at the ratio of one election
13 
assistant for every twenty thousand (20,000) registered voters.
14 
SEC. 10. No other personnel, other than those mentioned in the preceding
15 
section, or expressly authorized by law, shall be assigned, designated, engaged or
16 
detailed at the Commission's field offices, or shall be allowed to perform administrative
17 
or clerical works thereto. Violation of this provision shall constitute an election offense.
18 
SEC. 11. Qualifications. - Only members of the Philippines Bar shall be eligible
19 
for appointment to the position of regional director, assistant regional director,
20 
provincial election supervisor and election officer: Provided/ however^ That if there are
21 
no members of the Philippine Bar available for appointment as election officer, except
22 
in cities and capital towns, graduates of duly recognized schools of law who possess
23 
the appropriate civil service eligibility may be appointed to said position.
24 
Nothing in this section shall prejudice the security of tenure of election officers
25 
who had already been appointed as such at the time of the effectivity of this Code.
26 
SEC. 12. Office space. - The Commission shall provide and accessible and
27 
suitable office for its field officers and their staff.
28 
The local government unit concerned shall continue to provide a suitable place
29 
for the office of the provincial election supervisor and his or her staff and the election
30 
officer and his or her staff until such time that the Commission has provided the field
31 
office concerned with its own office which in no case shall exceed five (5) years from
32 
the effectivity of this Code.
33 
SEC. 13. Changes in the composition, distribution or assignment of field
34 
offices. - The Commission may make changes in the composition, distribution and
35 
assignment of field offices, as well as its personnel, whenever the exigencies of the
36 
service and the interest of free, orderly, and honest election so require: Provided, That
37 
such changes shall be effective and enforceable only for the duration of the election
38 
period concerned and shall not affect the tenure of office of the incumbents of
15


1 
positions affected and shall not constitute a demotion, either in rank or salary, nor
2 
result in change of status: and Provided/ furtherf That there shall be no changes in
3 
the composition, distribution or assignment within thirty days before election, except
4 
for cause and after due notice and hearing, and that in no case shall a regional or
5 
assistant regional director be assigned to a region; a provincial election supervisor to
6 
a province; or a city or municipal election officer to a city or municipality, where he
7 
and/or his spouse are related to any candidate within the fourth civil degree of
8 
consanguinity or affinity as the case may be.
9 
SEC. 14. Bangsamoro Electoral Office - The Commission shall establish a
10 
Bangsamoro Electoral Office under its supervision and control which shall implement
11 
and enforce its orders, rulings and decisions. The Bangsamoro Electoral Office shall
12 
have such powers and functions as are granted to it by R.A. 11054, other national
13 
laws, and regional laws.
14 
SEC. 15. Disqualifications of members of the Commission. - The chairperson
15 
and members of the Commission shall be subject to the Cannons of Judicial Ethics and
16 
Code of Judicial Conduct in the discharge of their functions.
17 
No chairperson or commissioner shall sit in any case in which he or she has
18 
manifested bias or prejudice for or against or antagonism against any party thereto
19 
and in connection therewith, or in any case in which he or she would be disqualified
20 
under the Rules of Court. If it be claimed that the chairperson or a commissioner is
21 
disqualified as above provided, the party objecting to his or her competency may file
22 
an objection in writing with the Commission stating the ground therefor. The official
23 
concerned shall continue to participate in the hearing or withdraw therefrom in
24 
accordance with his or her determination of the question of his or her disqualification.
25 
The decision shall forthwith be made in writing and filed with the other papers of the
26 
case in accordance with the Rules of Court.
27 
SEC. 16. Publication of official ballots and election returns and printing thereof
28 
- The Commission shall publish at least ten days before an election in a newspaper of
29 
general circulation certified data on the number of official ballots and election returns.
30 
SEC. 17. Election expenses. - Such expenses as may be necessary and
31 
reasonable in connection with the elections, referenda, plebiscites and other similar
32 
exercises shall be paid by the Commission.
33 
Funds needed by the Commission to defray the expenses for the holding of
34 
regular and special elections, referenda and plebiscites shall be provided in the regular
35 
appropriations of the Commission which, upon request, shall immediately be released
36 
to the Commission. In case of deficiency, the amount so provided shall be augmented
37 
from the special activities7 funds in the general appropriations act and from those
38 
specifically appropriated for the purpose in special laws.
39
16


CHAPTER II
ACTIVITIES DURING THE PRE-ELECTION PERIOD
4 
Article 4
5 
Registration of Voters
6 
SEC. 18. Permanent List of Voters. - The permanent list of voters per precinct
7 
in each city or municipality that was in place prior to the effectivity of this Code shall
8 
remain, subject to the necessary updates.
9 
Such precinct-level list of voters shall be accompanied by an addition/deletion
10 
list of the purpose of updating the list.
11 
The precinct assignment of a voter in the permanent list of voters shall not be
12 
changed or altered or transferred to another precinct without the express written
13 
consent of the voter: Providedf however/ That the voter shall not unreasonably
14 
withhold such consent. Any violation thereof shall constitute an election offense.
15 
The Election Officer shall be responsible for the display, throughout the year,
16 
of the most recent precinct maps in his or her office and in the bulletin board of the
17 
city or municipal hall.
18 
SEC. 19. Registered voters for the Sangguniang Kabataan Elections. - There
19 
shall likewise be a list of voters per precinct in each city or municipality consisting of
20 
all registered voters who are qualified to vote in the Sangguniang Kabataan elections.
21 
Such list shall also be accompanied by an addition/deletion list.
22 
Persons whose registration in such list is still subsisting at the time he or she
23 
turns eighteen years of age shall be added by the Commission in the permanent list
24 
of voters, without need for such person to register anew. Persons who, on the day of
25 
the next Sangguniang Kabataan elections, shall no longer meet the age requirement
26 
herein set forth shall be removed by the Commission from such list.
27 
SEC. 20. Precincts. - The unit of territory for the purpose of voting is the
28 
election precinct, and every barangay as of the approval shall have at least one such
29 
precinct. The Commission shall establish all election precincts: Provided, That, the
30 
most recently updated precinct maps at the time of the effectivity of this Code shall,
31 
to the extent practicable, remain in place for the purposes of the next immediately
32 
following election.
33 
After such election, spin-off precincts or new precincts may be created to
34 
accommodate additional voters residing within the territorial jurisdiction of the original
35 
precincts: Provided, That the polling place of all the precincts created thereby shall be
36 
located in the same building or compound where the polling place of the original
37 
precinct is located, and if this be not feasible, in a place as close as possible to the
38 
polling place of the original precinct: Provided further. That the polling place of the
17


1 
new precinct may be located elsewhere upon written petition of the majority of the
2 
voters of the new precinct: Provided finally, That when a precinct is divided into two
3 
or more precincts, the registered voters shall be included in the precinct wherein they
4 
reside.
5 
The Commission shall retain the permanent numbering of all precincts by which
6 
the precincts are indicated by Arabic numerals and a letter of the English alphabet.
7 
Original or mother precincts shall be indicated by the Arabic numeral and letter "A of
8 
the English alphabet. Spin-off or daughter precincts shall be indicated by the Arabic
9 
numeral and letter of the English alphabet starting with letter B and so on.
10 
No territory comprising an election precinct shall be altered or a new precinct
11 
be established at the start of the election period.
12 
Splitting of an original precinct or merger of two or more original precincts shall
13 
not be allowed without redrawing the precinct map/s one hundred twenty (120) days
14 
before election day.
15 
SEC. 21. Arrangement of Precincts. - Every barangay shall have at least one
16 
(1) precinct. Each precinct shall have no more than two hundred (200) voters. A
17 
precinct shall be allowed to have less than 200 registered voters under the following
18 
conditions:
19 
(1) As soon as the 200-limit for every precinct has been reached, a spin-off
20 
or daughter precinct shall be created automatically by the Commission
21 
to accommodate voters residing within the territorial jurisdiction of the
22 
original precinct. Thereafter, a separate list of new voters shall be
23 
prepared by the Election Officer; and
24 
(2) An island or group of islands with less than two hundred (200) voters
25 
may comprise one (1) original precinct.
26 
(b) Where it is not practicable to divide the precinct by territory, the Commission
27 
may adjust or split the precinct by assigning the registered voters therein
28 
alphabetically and equitably among the adjusted or split precincts: Provided,
29 
That, the polling places of said precincts shall be in the same building or
30 
premises.
31 
(c) Every case of alteration of precincts shall be duly announced by posting a notice
32 
thereof in a conspicuous place in the precinct, in the office of the election officer
33 
and in the city or municipal hall and by providing political parties and candidates
34 
a list of all the precincts at the start of the campaign period; and
35 
(d) Consolidation or merger of precincts may be allowed: Provided, further. That
36 
the merger of such precincts shall be effected ninety (90) days before election
37 
day.
18


1 
(e) Any alteration of the election precincts or the establishment of new ones shall
2 
be communicated to the provincial election supervisor, the provincial
3 
superintendent of schools, etc. together with the corresponding maps, which
4 
shall be published as prescribed in the next succeeding sections.
5 
SEC. 22. Publication of maps or precincts. - The Commission shall, through its
6 
duly authorized representative, post in the city hall or municipal building and in three
7 
other conspicuous places in the city or municipality including outside the office of the
8 
election officer a map of the city or municipality showing its most recent division into
9 
precincts with their respective boundaries and indicating therein all streets and alleys
10 
in populous areas and the location of each polling place.
11 
SEC. 23. System of Continuing Registration of Voters. - The personal filing of
12 
application of registration of voters shall be conducted daily in the office of the Election
13 
Officer during regular office hours. No registration shall, however, be conducted during
14 
the period at least one hundred twenty (120) days before a regular election and at
15 
least ninety (90) days before a special election.
16 
SEC. 24. Necessity of Registration. - In order that a qualified elector may vote
17 
in any election, plebiscite or referendum, he or she must be registered in the
18 
permanent list of voters for the place where he or she intends to vote.
19 
SEC. 25. Who may Register. - All citizens of the Philippines not otherwise
20 
disqualified by law who are at least eighteen (18) years of age, and who shall have
21 
resided in the Philippines for at least one (1) year, and in the place wherein they
22 
propose to vote, for at ieast six (6) months immediately preceding the election, may
23 
register as a voter.
24 
Any person who temporarily resides in another city, municipality or country
25 
solely by reason of his occupation, profession, employment in private or public service,
26 
educational activities, work in the military or naval reservations within the Philippines,
27 
service in the Armed Forces of the Philippines, the National Police Forces, or
28 
confinement or detention in government institutions or w in accordance with law, shall
29 
not be deemed to have lost his original residence but may register as a voter in such
30 
other city or municipality or as an overseas voter, as the case may be.
31 
Any person, who, on the day of registration may not have reached the required
32 
age or period of residence but, who, on the day of the election shall possess such
33 
qualifications, may register as a voter.
34 
In addition, all citizens of the Phiiippines residing in the barangay where he or
35 
she intends to vote for at least six (6) months and who are at least fifteen (15) but
36 
not more than thirty (30) years of age on the day of the immediateiy following
37 
Sangguniang Kabataan Election may register as members of the Katipunan ng
38 
Barangay and as voters in such Sangguniang Kabataan Election.
39 
SEC. 26. Disqualifications. -The following shall be disqualified from voting:
19


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


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


1 
SEC. 29. Registration to avail of local absentee voting - Persons who are
2 
qualified to avail the local absentee voting must register, within the period provided
3 
by the Commission, under the local absentee voting system in order to avail of such
4 
privilege. Only those who are registered under the local absentee voting system may
5 
vote as local absentee voter.
6 
SEC. 30. Record of Persons with Disabilities, Senior Citizens, and Indigenous
7 
Peoples. - The Commission shall keep an updated record of persons with disabilities
8 
and senior citizens who are registered as voters, which indicates the types of disability
9 
and the assistance they need, to assist it in determining policy directions for more
10 
inclusive and accessible electoral processes. The record shall be made accessible to
11 
concerned government offices, accredited citizens' arms, civil society monitoring
12 
groups and other organizations which promote the rights of the persons with
13 
disabilities and senior citizens, subject to specific guidelines the Commission may
14 
promulgate to protect the privacy of the individuals concerned.
15 
SEC. 31. Satellite and Special Registration. - The Commission, in coordination
16 
with national government agencies and local government units, person with disability
17 
and senior citizen organizations, and other cause-oriented groups, shall conduct
18 
satellite and/or special registration for persons with disabilities and senior citizens in
19 
accessible places.
20 
SEC. 32. Change of Residence to Another City or Municipality. - Any registered
21 
voter who has transferred residence to another city or municipality may apply with
22 
the Election Officer of his or her new residence for the transfer of his or her registration
23 
records.
24 
The application for transfer of registration shall be subject to the requirements
25 
of notice and hearing and the approval of the Election Registration Board. Upon
26 
approval of the application for transfer, and after notice of such approval to the
27 
Election Officer of the former residence of the voter, said Election Officer shall transmit
28 
by registered mail the voter's registration record to the Election Officer of the voter's
29 
new residence: Provided, That an advance copy thereof be sent through electronic
30 
mail to the Election Officer of the voter's new residence.
31 
SEC. 33. Change of Address in the Same City or Municipality. - Any voter who
32 
has changed his or her address in the same city or municipality shall immediately
33 
notify the Election Officer in writing. If the change of address involves a change in
34 
precinct, the Board shall transfer such voter's registration record to the precinct book
35 
of voters of his or her new precinct and notify the voter of his or her new precinct. All
36 
changes of address shall be reported to the office of the provincial election supervisor,
37 
or, in the case of cities and municipality within the National Capital Region, to the
38 
office of the regional election director.
22


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


1 
with the proper Election Registration Board for him to rebut or refute evidence
2 
presented in opposition thereto.
3 
All applications for registration shall be heard and processed on a quarterly
4 
basis. For this purpose, the Election Registration Board shall meet and convene on the
5 
third Monday of April, July, October, and January of every calendar year, or on the
6 
next following working day if the designated days fail on a non-working holiday, except
7 
in an election year to conform with the one hundred twenty (120) days prohibitive
8 
period before election day. Should one day be insufficient for the processing of all
9 
accepted applications, the Board shall adjourn from day to day until all the applications
10 
shall have been processed.
11 
SEC. 37. Challenges to Right to Register. - Any voter, candidate or
12 
representative of a registered political party may challenge in writing any application
13 
for registration, stating the grounds therefor. The challenge shall be under oath and
14 
be attached to the application, together with the proof of notice of hearing to the
15 
challenger and the applicant.
16 
Oppositions to contest a registrant's application for inclusion in the voter's list
17 
must, in all cases, be filed not later than the second Monday of the month in which
18 
the same is scheduled to be heard or processed by the Election Registration Board.
19 
Should the second Monday of the month fall on a non-working holiday, oppositions
20 
may be filed on the next following working day. The hearing on the challenge shall be
21 
heard on the third Monday of the month and the decision shall be rendered before
22 
the end of the month.
23 
SEC. 38. Power to Administer Oath and Issue Summons. - For purposes of
24 
determining the right of the applicants to be registered as a voter, the Election Officer
25 
shall have the power to administer oath, issue subpoena duces tecum and swear in
26 
witnesses. The fees and expenses incidental thereto shall be paid in advance by the
27 
party in whose behalf the summons is issued.
28 
SEC. 39. Approval and Disapproval of Application. - The Election Officer shall
29 
submit to the Board all applications for registration filed, together with the evidence
30 
received in connection therewith. The Board shall, by majority vote, approve or
31 
disapprove the applications.
32 
Upon approval, the Election Officer shall assign a voters identification number
33 
and issue an acknowledgment receipt to the registered voter. If the Board disapproves
34 
the application, the applicant shall be furnished with a certificate of disapproval stating
35 
the ground therefor. In cases of approval or disapproval, any aggrieved party may file
36 
a petition for exclusion or inclusion, as the case may be, with the proper Municipal or
37 
Metropolitan Trial Court as provided for in this Code.
38 
SEC. 40. Publication of Action on Application for Registration. - Within five (5)
39 
days from approval or disapproval of application, the Board shall post a notice in the
24


1 
bulletin board of the city or municipal hall and in the office of the Election Officer,
2 
stating the name and address of the applicant, the date of the application, and the
3 
action taken thereon. The Election Officer shall furnish a copy of such notice
4 
personally, or by registered mail or special delivery to the applicant and heads or
5 
representatives of registered political parties in the city or municipality.
6 
SEC. 41. Preservation of Voter's Registration Records. - The Election Officer
7 
shall compile the original copies of the approved applications for registration per
8 
precinct and arrange the same alphabetically according to surname. He or she shall
9 
preserve the book of voters and ensure its integrity. The second and third copies of
10 
the registration records shall be sent to the provincial and national central files within
11 
three (3) days after the approval of the Board.
12 
The Election Officer shall likewise prepare an electronic copy of the book of
13 
voters in the format prescribed by the Commission.
14 
SEC. 42. Voter's Identification Number (VIN). - The Commission shall assign
15 
every registered voter a voter's identification number (VIN) consisting of three parts,
16 
each separated by a dash. For example: 7501 -00191 -C145BCD.
17 
(a) Part 1: Current Address of the Voter
18 
(l)The first two digits 75 stand for the province; and
19 
(2) The last two digits, 01, stand for the city, municipality, or a district,
20 
particularly in Manila.
21 
The code assignment for provinces, cities and municipalities shall follow the Urban
22 
Code devised by the National Census and Statistics Office (NCSO).
23 
(b) Part II: Current Precinct Assignment of the Voter
24 
(l)The first four digits, 0019, stand for the permanent number of the
25 
precinct where the voter is currently assigned; and
26 
(2) The letter indicates whether it is a mother or a daughter precinct.
27 
The number assigned to the precinct in every city or municipality shall be permanent
28 
but the voter may transfer his precinct number. The VIN reflects the current precinct
29 
assignment of the voter.
30 
(c) Part III: Permanent Birth and Name Code Unique to the Voter
31 
(l)The letter, C, stands for the month, i.e., A for January, B for February,
32 
and so forth;
33 
(2)The next two digits, 14, stand for the date of birth;
34 
(3) The next two digits, 51, stand for the year of birth; and
35 
(4)The last three letters, BCD, stand for the name code, i.e., Bayani Cruz
36 
Davide.
25


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


1 
There shall also be a national file consisting of the computerized voters' list,
2 
both in print and in electronic file, submitted by the Election Officers in each city and
3 
municipality concerned, under the custody of the Commission.
4 
The computerized voters' list shall make use of a single and uniform computer
5 
program that will have a detailed sorting capability to list voters alphabetically by the
6 
precincts where they vote, by the barangays, municipalities, cities or provinces where
7 
they reside and by their voters identification number (VIN).
8 
The computer print-outs of the list of voters duly certified by the Board are
9 
official documents and shall be used for voting and other election related purposes as
10 
well as for legitimate research needs.
11 
The total number of voters in the permanent list shall be the basis for the
12 
printing of the official ballots by the Commission.
13 
SEC. 46. Deactivation of Registration. - The Election Registration Board shall
14 
deactivate the registration and remove the registration records of the following
15 
persons from the corresponding precinct book of voters and place the same, properly
16 
marked and dated in indelible ink, in the inactive file after entering the cause or causes
17 
of deactivation:
18 
(a) Any person who has been sentenced by final judgment to suffer imprisonment
19 
for not less than one (1) year, such disability not having been removed by
20 
plenary pardon or amnesty: Provided, however, That any person disqualified
21 
to vote under this paragraph shall automatically reacquire the right to vote
22 
upon expiration of five (5) years after service of sentence as certified by the
23 
clerks of courts of the Municipal/Municipal Circuit/Metropolitan/Regionai Trial
24 
Courts and the Sandiganbayan;
25 
(b) Any person who has been adjudged by final judgment by a competent court or
26 
tribunal of having caused/committed any crime involving disloyalty to the duly
27 
constituted government such as rebellion, sedition, violation of the anti-
28 
subversion and firearms laws, or any crime against national security, unless
29 
restored to his full civil and political rights in accordance with law; Provided,
30 
That he shall regain his right to vote automatically upon expiration of five (5)
31 
years after service of sentence;
32 
(c) Any person declared by competent authority to be insane or incompetent unless
33 
such disqualification has been subsequently removed by a declaration of a
34 
proper authority that such person is no longer insane or incompetent;
35 
(d)Any person who did not vote in the two (2) successive preceding regular
36 
elections as shown by their voting records. For this purpose, regular elections
37 
do not include the Sangguniang Kabataan elections;
38 
(e) Any person whose registration has been ordered excluded by the Court; and
27


1 
(f) Any person who has lost his Filipino citizenship.
2 
(g) Any person who has been disqualified by final judgment from exercising his or
3 
her right to vote unless restored to his full civil and political rights in accordance
4 
with law.
5 
For this purpose, the clerks of court for the First Level Courts/Regional Trial
6 
Courts and the Sandiganbayan shall furnish the Election Officer of the city or
7 
municipality concerned at the end of each month a certified list of persons who are
8 
disqualified under paragraph (a) hereof, with their addresses. The Commission may
9 
request a certified list of persons who have lost their Filipino Citizenship or declared
10 
as insane or incompetent with their addresses from other government agencies.
11 
The Election Officer shall post in the bulletin board of his office a certified list
12 
of those persons whose registration were deactivated and the reasons therefor, and
13 
furnish copies thereof to the local heads of political parties, the national central file,
14 
provincial file, and the voter concerned.
15 
SEC. 47. Reactivation of Registration. - Any voter whose registration has been
16 
deactivated pursuant to the preceding Section may file with the Election Officer a
17 
sworn application for reactivation of his registration in the form of an affidavit stating
18 
that the grounds for the deactivation no longer exist any time but not later than one
19 
hundred twenty (120) days before a regular election and ninety (90) days before a
20 
special election: Provided, That in case the biometric data of such registered voter is
21 
already on file with the Commission, the application for reactivation may be submitted
22 
through electronic mail or similar means.
23 
The Election Officer shall submit said application to the Election Registration
24 
Board for appropriate action.
25 
In case the application is approved, the Election Officer shall retrieve the
26 
registration record from the inactive file and Include the same in the corresponding
27 
precinct book of voters. Local heads or representatives of political parties shall be
28 
properly notified on approved applications.
29 
SEC. 48. Canceiiation of Registration. - The Election Registration Board shall
30 
cancel the registration records of those who have died as certified by the Local Civil
31 
Registrar. The Local Civil Registrar shall submit each month a certified list of persons
32 
who died during the previous month to the Election Officer of the place where the
33 
deceased are registered. In the absence of information concerning the place where
34 
the deceased is registered, the list shall be sent to the Election Officer of the city or
35 
municipality of the deceased's residence as appearing in his death certificate. In any
36 
case, the Local Civil Registrar shall furnish a copy of this list to the national central file
37 
and the proper provincial file.
38 
The Election Officer shall post in the bulletin board of his office a list of those
39 
persons who died and whose registrations were cancelled, and furnish copies thereof
28


1 
to the local heads of the political parties, the national central file, and the provincial
2 
file.
3 
SEC. 49. Preparation and Posting of the Certified List of Voters. - The Election
4 
Registration Board shall prepare and post certified list of voters no later than ninety
5 
(90) days before a regular election and sixty (60) days before a special election and
6 
furnish copies thereof to the provincial, regional and national central files. Copies of
7 
the certified list, along with a certified list of deactivated voters categorized by precinct
8 
per barangay, within the same period shall likewise be posted in the office of the
9 
Election Officer and in the bulletin board of each city/municipal hall. Upon payment of
10 
the fees as fixed by the Commission, the candidates and heads of registered political
11 
parties shall also be furnished copies thereof.
12 
The Election Registration Board shall also furnish two (2) certified copies for
13 
said certified list of voters, along with a certified list of deactivated voters to the
14 
Electoral Board for posting in the polling place and for their reference on election day.
15 
SEC. 50. Sealing of Precinct Book of Voters. - The Election Registration Board
16 
shall notify, within fifteen (15) days before the start of the campaign period for local
17 
candidates, all registered political parties having a headquarters within its jurisdiction
18 
and members of the Eiectorai Boards to inspect and verify the completeness of the
19 
voter's registration records for each precinct compiled in the book of voters.
20 
In case of Barangay and Sangguniang Kabataan elections, the Election
21 
Registration Board shall notify within fifteen (15) days before the start of the campaign
22 
period the members of the Barangay Electoral Boards and the barangay secretaries to
23 
inspect and verify the completeness of the voter's registration records for each
24 
precinct compiled in the book of voters: Provided, That the candidates may, to the
25 
extent feasible, observe the verification and inspection process.
26 
After verification and certification by the Electoral Boards and party
27 
representatives or, in the case of barangay and Sangguniang Kabataan Elections, by
28 
the Barangay Electoral Boards and the barangay secretaries, the Election Registration
29 
Board shall seal the book of voters in the presence of the former at the start of the
30 
campaign period and take custody of the same until their distribution to the Electoral
31 
Board on election day. The Election Officer shall deliver the sealed precinct book of
32 
voters to the chairman of the Electoral Board when the latter secures its official ballots
33 
and other paraphernalia for election day.
34 
SEC. 51. Jurisdiction in Inclusion and Exclusion Case. - First Level Courts shall
35 
have original and exclusive jurisdiction over all cases of inclusion and exclusion of
36 
voters in their respective jurisdictions. Decisions of the First Level Courts may be
37 
appealed by the aggrieved party to the Regional Trial Court within five (5) days from
38 
receipt of notice thereof. Otherwise, said decision shall become final and executory.
39 
The Regional Trial Court concerned shall decide the appeal within ten (10) days from
29


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


1 
A female registered voter whose marriage has been annulled or declared void
2 
by competent court may request that her voter registration records shall reflect her
3 
maiden name and that the signature she affixed therein be changed. In such case,
4 
the applicant shall attach a certified true copy of the court's final order or decision,
5 
annulling the marriage or declaring the marriage a nullity.
6 
SEC. 55. Petition for exciusion of voters from the iist - Any registered voter,
7 
representative of a duly registered political or sectoral party or organization or the
8 
Election Officer, may file with the court a sworn petition for the exclusion of a voter
9 
from the permanent list of voters giving the name, address and the precinct of the
10 
challenged voter at any time except one hundred (100) days prior to a regular election
11 
or sixty-five (65) days before a special election. The petition shall be accompanied by
12 
proof of notice to the Election Registration Board and to the challenged voter and shall
13 
be decided within ten (10) days from its filing.
14 
If the decision is for the exclusion of the voter from the list, the Election
15 
Registration Board shall, upon receipt of the final decision, remove the voter's
16 
registration record from the corresponding book of voters, enter the order of exciusion
17 
therein, and thereafter place the record in the inactive file.
18 
SEC. 56. Common Rules Governing Judicial, Proceedings in the Matter of
19 
Inclusion, Exclusion, and Correction of Names of Voters. -
20 
(a) Petition for inclusion, exclusion or correction of names of voters shall be filed
21 
during office hours;
22 
(b) A copy of the petition shall be served upon the members of the Board and the
23 
challenged voter prior to the filing of the petition. Service of such petition may
24 
be made by sending a copy thereof by personal delivery, by leaving it in the
25 
possession of a person of sufficient discretion residing in the residence stated
26 
by the challenged voter in his or her application for registration, or by registered
27 
mail. Should the foregoing procedures not be practicable, the petition may be
28 
sent through a private courier: Provided, That the petition cannot be filed in
29 
court until after forty-eight (48) hours have elapsed since the time the petition
30 
was sent through private courier.
31 
(c) A petition shall refer only to one (1) precinct and implead the Election
32 
Registration Board as respondents;
33 
(d) No costs shall be assessed against any party in these proceedings. However, if
34 
the court should find that the application has been filed solely to harass the
35 
adverse party and cause him to incur expenses, it shall order the culpable party
36 
to pay the costs and incidental expenses;
37 
(e) Any registered voter, candidate or registered political party, sectoral party, or
38 
sectoral organization that may be affected by the proceedings may intervene
39 
and present his evidence;
31


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
39
(f) The decision shall be based on the evidence presented and in no case rendered 
upon a stipulation of facts. If the question is whether or not the voter is real or 
fictitious, his or her non-appearance on the day set for hearing shall be prima 
facie evidence that the challenged voter is fictitious; and
(g) The petition shall be heard and decided within ten (10) days from the date of 
its filing. Cases appealed to the Regional Trial Court shall be decided within ten 
(10) days from receipt of the appeal. Decisions of the Regional Trial Court are 
final and immediately executory. In all cases, the court shall decide these 
petitions not later than fifteen (15) days before the election.
SEC. 57. Canvass to check registration. - The election registrar shall, once 
every two years or more often should the Commission deem it necessary in order to 
preserve the integrity of the permanent lists of voters, conduct verification by mail or 
house-to-house canvass, or both, of the registered voters of any barangay for 
purposes of exclusion proceedings.
SEC. 58. Annulment at Book of Voters. - The Commission shall, upon verified 
petition of any voter or election officer or duly registered political party, sectoral party, 
or sectoral organization, and after notice and hearing, annul any book of voters that 
is not prepared in accordance with the provisions of this Code or was prepared through 
fraud, bribery, forgery, impersonation, intimidation, force or any similar irregularity, 
or which contains data that are statistically improbable and upon a showing that any 
other remedy provided for under this Article is insufficient to correct such book of 
voters. No order, ruling or decision annulling a book of voters shall be executed within 
ninety (90) days before an election.
SEC. 59. Reconstitution of Lost or Destroyed Registration Records. - The 
Commission shall reconstitute all registration records which have been lost or 
destroyed by using the corresponding copies of the provincial or national central files. 
In case of conflict, the Commission shall determine which file shall be used for 
reconstitution purposes. If this is not feasible, the Commission shall conduct a general 
registration of voters in the affected area: Provided/J\\d\. there is a scheduled election 
before the next scheduled general registration of voters in accordance with the 
Omnibus Election Code. All such voters shall retain their voter's identification number. 
Reconstituted forms shall be clearly marked with the word "reconstituted."
It shall be the duty of the Election Officer to immediately report to the 
Commission any case of loss or destruction of registration record in his custody.
The reconstitution of any lost or destroyed registration records shall not affect 
the criminal liability of any person who is responsible for such loss or destruction.
SEC. 60. Examination of Registration Records. - All registration 
records/computerized voters list in the possession of the Election officer, the Provincial 
Election Supervisor, and the Commission shall, during regular office hours, be open to
32


1 
examination by the public for legitimate inquiries on election related matters, free from
2 
any charge or access fee: Provided, That sensitive personal Information as defined In
3 
Republic Act 10173, including biometrics data, shall not be disclosed except upon
4 
order of the Court.
5 
SEC. 61. Right to Information. - The duly authorized representative of a
6 
registered political party or of a bona fide candidate shall have the right to inspect
7 
and/or copy at their expense the accountable registration forms and/or the list of
8 
registered voters in the precincts constituting the constituency of the bonafide
9 
candidate or at which the political party is fielding candidates. The inspection and
10 
copying shall be conducted during business hours of the Commission and shall be
11 
subject to reasonable regulations.
12 
Article 5
13 
Registration of Political Parties, Sectoral Parties,
14 
Sectoral Organizations, and Coalitions
15 
SEC. 62. Registration of poiiticai parties, organizations, and coaiitions not
16 
participating in the party-iist eiections. - Any political party, organization, or coalition
17 
of political parties, which does not intend to participate in the next proceeding party-
18 
list elections, may register with the Commission by filing a petition duly verified by its
19 
President and Secretary -General, or any official duly authorized to do so under its
20 
Constitution and By-laws. The petition for registration shall state the following:
21 
(a) Full name of the political party, organization or coalition of political parties;
22 
(b) The principal headquarters and post office address for election purposes,
23 
including its branches and divisions, if any;
24 
(c) The date and place of its organization;
25 
(d) The date and manner of election or selection of its officers;
26 
(e) The names and addresses of its organizers and officers. Executive Committee
27 
members. Directorate, or Party Convention delegates, if any;
28 
(f) The extent of its constituency;
29 
(g) Its program of government;
30 
(h) That it is not a religious sect or denomination;
31 
(i) That it shall not pursue its goals through violence or other unlawful means;
32 
(j) That it shall uphold and adhere to the Constitution and shall obey all laws
33 
and legal orders promulgated by duly constituted authorities;
34 
(k) That it is not supported by, nor does it accept financial contribution from any
35 
foreign government or their agencies;
36 
(1) That it shall not participate in the next proceeding party-list elections; and
33


1 
(m) Other information that may be material and relevant to the petition.
2 
The petitioner shall attach to the petition for registration its constitution and
3 
by-laws, party platform, organizational papers, declarations of political creed or code
4 
of political ethics and such other documents of similar or equivalent character in such
5 
number of copies as may be prescribed by the Commission.
6 
The Commission shall promulgate such rules as are necessary to ensure that
7 
the status and capacity of the petitioner and the veracity of the allegations in the
8 
petition and its attachments are verified and that the petition is published in two
9 
newspapers of general circulation. After due notice and hearing. If the petitioner has
10 
proven that it has faithfully complied with the requirements for registration under this
11 
Code, the Commission shall issue a certificate of registration, which shall be displayed
12 
in the main office and in all chapters of the petitioner. In no case shall any petition for
13 
registration be resolved by the Commission later than thirty (30) days from the date
14 
the same has been submitted for resolution.
15 
After approval of registration, the political party, organization, or coalition in
16 
question shall acquire juridical personality and shall be entitled to the rights and
17 
privileges herein granted.
18 
SEC. 63. Registration of parties, organizations, and coalitions participating in
19 
the party-iist system. - For the purpose of participating in the party-list system, any
20 
organized group of persons may register either as a 1) national political party; 2)
21 
regional political party; 3) coalition of political parties; 4) sectoral party or 5) sectoral
22 
organization by filing with the Commission not later than one (1) year before the
23 
election a petition verified by its president or secretary stating its desire to participate
24 
in the party-iist system as such party, organization, or coalition.
25 
The petition for registration shall contain the following: a) name and acronym
26 
of the petitioner, with the acronym not exceeding twenty characters; b) nature of the
27 
organization; c) sector or sectors which it seeks to represent, if applicable; d) the
28 
name and address of its president/chairman, or, in his or her absence, the Secretary-
29 
General who will represent the party in the petition; e) petitioner's principal
30 
headquarters and postal office address; f) names, positions, and addresses of its
31 
elected officers; g) petitioner's intention or desire to participate in the party-list
32 
election; h) names and addresses of its chapter offices; i) that all of its officers and
33 
members are made aware of the petition and have given their consent thereto; j) the
34 
list of documents attached to the petition; k) names, addresses, and representatives
35 
of sectoral parties or organizations affiliated with the petitioner, which affiliates need
36 
not be registered with the Commission, but have given their consent thereto; I) that
37 
it is not a religious sect or denomination, organization or association organized for
38 
religious purpose; m) that it shall not advocate violence or unlawful means to achieve
39 
its goals; n) that it is not an adjunct or a project organized or an entity funded or
40 
assisted by the government; o) that it is not a foreign party or organization; p) that it
34


1 
does not receive support for partisan political purposes from any foreign government,
2 
foreign political party, foundation, organization, whether directly or indirectly, or
3 
through its officers or members, or indirectly through third parties; q) the period of
4 
existence of petitioner which shall at least be one (1) year at the time the petition is
5 
filed; r) that it commits to comply with the laws, rules, and regulations relating to
6 
elections ; and s) it shall not field candidates in legislative district elections.
7 
The petition must be supported by the following documents: a) Constitution
8 
and by-laws as an organization seeking registration under the party-list system of
9 
representation; b) platform or program of government; c) list of all its officers and
10 
members; in case of sectoral parties or sectoral organizations, the list of officers and
11 
members must show that the majority of its members and officers belong to the
12 
marginalized and underrepresented sector or sectors it seeks to represent; 
d)
13 
Manifestation of intent to participate in the next immediately succeeding national and
14 
local elections and list of at least five (5) nominees; e) in case of sectoral parties or
15 
sectoral organizations, track record summary showing that all of its nominees
16 
represent and seek to uplift the marginalized and underrepresented sector or sectors
17 
which the party or organization seeks to represent; f) likewise, in case of sectoral
18 
parties or organizations, proof that all of its nominees belong to the marginalized and
19 
underrepresented sector which they seek to represent; g) coalition agreement, if any;
20 
h) in case of national or regional political parties, sworn proofs of existence in the
21 
areas where the organization is claiming representation; and i) such other documents
22 
required by the Commission.
23 
A political party, organization, or coalition, as well as the sectoral wing of a
24 
political party, organization, or coalition, which has been registered in accordance with
25 
the preceding section and which intends to participate in the party-list elections, shall
26 
register anew under this section and shall fully comply with the provisions hereof;
27 
Provided, however. That the denial of the petition under this section shall not affect
28 
the registration already granted under the preceding section.
29 
The Commission shall promulgate such rules as are necessary to ensure that
30 
the status and capacity of the petitioner and the veracity of the allegations in the
31 
petition and its attachments are verified and that the petition is published in two
32 
newspapers of general circulation. The Commission shall, after due notice and hearing,
33 
resolve the petition within thirty (30) days from the date it was submitted for decision
34 
but in no case not later than sixty (60) days before election.
35 
SEC. 64. Refusal and/or Cancellation of Registration. - The Commission may,
36 
motu proprio or upon verified complaint of any interested party, refuse or cancel, after
37 
due notice and hearing, the registration of any national political party, regional political
38 
party, coalition of political parties, sectoral party, or sectoral organization, regardless
39 
whether such party, organization, or coalition shall participate or has participated in
40 
any party-list election, on any of the following grounds:
35


1 
(a) It is a religious sect or denomination, organization or association, organized for
2 
religious purposes;
3 
(b) It advocates violence or unlawful means to seek its goal;
4 
(c) It is a foreign party or organization;
5 
(d) It is receiving support, financial or otherwise, from any foreign government,
6 
foreign political party, foundation, organization, whether directly or through
7 
any of its officers or members or indirectly through third parties for partisan
8 
election purposes;
9 
(e) It fails, at least on two occasions, to file the required statement of contributions
10 
and expenditures within the prescribed period as required by this Code.
11 
(0 It violates or fails to comply with laws, rules or regulations relating to elections,
12 
plebiscites, referenda, or initiative;
13 
(g) It declares untruthful statements in its petition;
14 
(h) It has ceased to exist for at least one (1) year;
15 
In case of parties, organizations, or coalitions which have registered under the
16 
preceding section of this article, the following shall likewise be grounds for denial or
17 
cancellation of Registration:
18 
(a) Material misrepresentation of the qualifications of Its nominees;
19 
(b) A finding by final judgment that it directly or indirectly participated in acts
20 
detrimental to the best interest of the government, to overthrow the
21 
government, or diminish its powers, or to be associated by any means to rebels
22 
or those designated and/or proscribed terrorist persons under R.A. No. 11479
23 
or the "Anti-Terrorism Act of 2020.
24 
(c) Failure to participate in the last two (2) preceding party-list elections; or
25 
(d) Failure in the last two (2) preceding party-list elections to obtain at least two
26 
per centum (2%) of the votes cast for political parties and coalitions under the
27 
party-list system, or at least two per centum (2%) of the votes cast for sectoral
28 
parties, organizations, and coalitions, as the case may be.
29 
In case of parties, organizations, or coalitions registered under Section 51
30 
hereof, their failure to field official candidates in the last two proceeding elections or
31 
the failure of their candidates in the last two preceding elections to obtain an
32 
aggregate of at least five per centum (5%) of the votes cast in the constituencies
33 
where they seek to be represented shall be an additional ground for cancellation of
34 
the registration of such parties, organizations, or coalitions.
35 
SEC. 65. Dominant Majority Party, Dominant Minority Party, Major National
36 
Parties and Major Local Parties. - Not later than forty-five (45) days before the
36


1 
scheduled election, a political party duly registered with the Commission may file a
2 
verified petition for accreditation as the Dominant Majority Party, the Dominant
3 
Minority Party, one of the Ten (10) Major National Parties, or one of the Two (2) Major
4 
Local Parties. In determining the Dominant Majority Party, the Dominant Minority
5 
Party, the Ten (10) Major National Parties and the Two (2) Major Local Parties the
6 
following shall be the criteria:
7 
(a) The established record of the said parties, coalition of groups that now compose
8 
them, taking into account among other things, their showing in past elections;
9 
(b)The number of incumbent elective officials belonging to them on the last day
10 
of the filing of the Certificate of Candidacy (COC);
11 
(c) Their identifiable political organizations and strengths as evidenced by their
12 
organized chapters;
13 
(d)The ability to fill a complete slate of candidates from the municipal level to the
14 
position of President;
15 
(e) The number of women candidates fielded by political parties from the municipal
16 
level to the position of President; and
17 
(f) Other analogous circumstances that may determine their relative organizations
18 
and strengths.
19 
The accreditation of the Dominant Majority Party, the Dominant Minority Party
20 
and the Ten (10) Major Political Parties shall be established through weighted average
21 
points for each of the above criteria. The Commission shall determine the appropriate
22 
points to be accorded to each of the above criteria, ensuring that the interest of the
23 
candidates and the parties they represent are protected.
24
25 
Article 6
26 
The Party-list System
27 
SEC. 66. Classification of groups under the pa rty-iist system. - The party-list
28 
system shall be divided into two classifications: (a) political parties or coalition of
29 
political parties, and (b) sectoral parties or organizations. Fifty percent (50%) of the
30 
seats allocated for the party-list shall be reserved for political parties and coalitions of
31 
political parties and the other fifty percent (50%) shall be reserved for sectoral parties
32 
or organizations: Provided, That in case of an odd number in the total number of seats
33 
to be allocated, the same shall be allocated to the party-list group next in rank in
34 
terms of total number of votes regardless of classification. In the event of a tie priority
35 
should be given to the most number of participating party-list group on its first
36 
occurrence.
37


1 
Sectoral parties, sectoral organizations, and coalitions of sectoral parties shall
2 
exclusively represent the marginalized and underrepresented sectors as defined in
3 
Section 5 of this Code.
4 
SEC. 67. Manifestation to Participate in the Party-List System. - Any party,
5 
organization, or coalition which has a valid and subsisting registration with the
6 
Commission under Section 63 hereof need not register anew. However, such party,
7 
organization or coalition shall file with the Commission, not later than one (1) year
8 
before the election, a manifestation of its desire to participate in the party-list system.
9 
SEC. 68. Certified List of Registered Parties. - The COMELEC shall, not later
10 
than sixty (60) days before election, prepare a certified list of national or regional
11 
political parties and coalition of political parties and a certified list of sectoral parties,
12 
organizations, or coalition of sectoral parties which have applied or who have
13 
manifested their desire to participate under the party-list system and distribute copies
14 
thereof to all precincts for posting in the polling places on election day. The names of
15 
the party-list nominees shall not be shown on the certified list.
16 
SEC. 69. Nomination of Party-List Representatives. Each registered party,
17 
organization or coalition shall submit to the Commission, not later than the date set
18 
for the filing of its manifestation of intent to participate in the party-list election, a list
19 
of names of not less than five (5) nominees from which party-list representatives shall
20 
be chosen in case it obtains the required number of votes, together with the
21 
certificates of nomination and acceptance of all the nominees in such list.
22 
A person may be nominated in one (1) list only. Only persons who have given
23 
their consent in writing may be named in the list. The list shall not include any
24 
candidate for any elective office or a person who has lost his bid for an elective office
25 
in the immediately preceding election. No change of names or alteration of the order
26 
of nominees shall be allowed 
after the same shall have been submitted to the
27 
Commission except in cases 
where the nominee dies or becomes physically
28 
incapacitated in which case the name of the substitute nominee shall be placed last in
29 
the list.
30 
SEC. 70. Substitution of Party-List Nominees. - Substitution shall be allowed
31 
for any nominee who dies, becomes physically incapacitated, or has been disqualified.
32 
The party, organization, or coalition concerned shall file with the Commission the
33 
certificate of nomination and acceptance of the substitute nominee, the amended list
34 
of nominees, and proof of publication of the amended list of nominees. The substitute
35 
nominee shall be placed last in the list. Sectoral parties or organizations must submit
36 
to the Commission a track record summary showing that the substitute nominee
37 
represents and seeks to uplift the marginalized and underrepresented sector or sectors
38 
the party or organization seeks to represent and proof that such nominee belongs to
39 
such sector.
38


1 
No substitution shall be allowed for nominees who withdraw their acceptance
2 
to the nomination. In the event the list of nominees of a party-list group is exhausted
3 
because of the withdrawal of all of its nominees, such party, organization, or coalition
4 
shall be deemed to have withdrawn its manifestation of intent to participate in the
5 
elections. Any vote garnered by such party, organization or coalition shall be
6 
considered stray and shall not be counted.
7 
SEC. 71. Qualifications of Party-List Nominees. - No person shall be nominated
8 
as party-list representative unless he or she is a natural-born citizen of the Philippines,
9 
a registered voter, a resident of the Philippines for a period of not less than one (l)year
10 
immediately preceding the day of the election, able to read and write, a bona fide
11 
member of the party or organization which he or she seeks to represent for at least
12 
one year preceding the day of the election, and is at least twenty-five (25) years of
13 
age on the day of the election: Provided, That the nominees of a sectoral party or
14 
organization or coalition of sectoral parties or organizations must belong to the
15 
marginalized and underrepresented sector which they seek to represent.
16 
In case of a nominee of the youth sector, he or she must at least be twenty-
17 
five (25) but not more than thirty (30) years of age on the day of the election. Any
18 
youth sectoral representative who attains the age of thirty (30) during his term shall
19 
be allowed to continue in office until the expiration of his or her term.
20 
SEC. 72. Cancellation or Denial of Due Course to the Certificate of Nomination
21 
of Party-iistNominees. - Any person may, within ten (10) days after the publication of
22 
the list of nominees, file with the Commission a verified petition seeking to deny due
23 
course to or to cancel the nomination of nominees of party-list groups on the ground
24 
that a material misrepresentation has been committed in the qualifications of a
25 
nominee.
26 
The deliberate failure by the nominee to disclose that he or she has been
27 
declared by competent authority as insane or incompetent, or that he or she has been
28 
sentenced by final judgment for subversion, insurrection, rebellion or for any offense
29 
for which he or she has been sentenced to a penalty of more than eighteen months
30 
or for a crime involving moral turpitude, shall constitute material misrepresentation
31 
unless there is a declaration by competent authority that said insanity or
32 
incompetence had been removed, or, in case of conviction for the offenses herein
33 
mentioned, such nominee has been given plenary pardon or granted amnesty or at
34 
least five years have passed from his or her service of sentence.
35 
SEC. 73. Disqualification of Nominees. - A verified petition seeking the
36 
disqualification of a nominee of party-list organizations, parties, or coalitions may be
37 
filed by any person any time before proclamation when the nominee has been declared
38 
by final judgment of a competent court guilty of, or found by the Commission of
39 
having:
39


1 
(a) Given money or other material consideration to influence, induce or corrupt the
2 
voters or public officials performing electoral functions;
3 
(b) Committed acts of terrorism to enhance his candidacy;
4 
(c) Spent In the campaign an amount in excess of that allowed by law;
5 
(d) Committed any election offense related to election campaign and campaign
6 
finance as set forth in this Code.
7 
SEC. 74. Number of Party-List Representatives. - The party-list representatives
8 
shall constitute twenty per centum (20%) of the total number of the members of the
9 
House of Representatives including those under the party-list.
10 
In determining the equal allocation of seats for the political parties or coalition of
11 
political parties and the sectoral parties or organizations under the party-list system
12 
pursuant to Section 63 hereof, the following procedure shall be observed:
13 
(a) The parties, organizations, and coalitions shall be ranked from the highest to
14 
the lowest based on the number of votes they garnered during the elections.
15 
(b)The political parties, coalitions of political parties, sectoral parties, and sectoral
16 
organizations receiving at least two percent (2%) of the total votes cast for the
17 
entire party-list system , shall, to the extent possible , be entitled to one seat
18 
each: Provided, that those garnering more than two percent (2%) of the votes
19 
shall, to the extent practicable, be entitled to additional seats in proportion to
20 
their total number of votes until all the additional seats are allocated; Provided
21 
further, that in no case shall any party, organization, or coalition be entitled to
22 
not more than three (3) seats ; Provided finally, that the proportion of seats
23 
between the nominees of political parties or coalitions and sectoral parties or
24 
organizations, as set forth in Section 63 hereof, be observed at all times.
25 
SEC. 75. Procedure in Allocating Seats for Party-List Representatives. - The
26 
Commission shall separately tally all the votes for the political parties or coalitions and
27 
sectoral parties or organizations on a nationwide basis, rank them according to the
28 
number of votes received, and allocate party-list representatives proportionately
29 
according to the percentage of votes obtained by each party, organization, or coalition
30 
as against the total nationwide votes cast for the party-list system. In the allocation
31 
of seats, the Commission should ensure that Section 63 of this Code is complied with.
32 
SEC. 76. Term of Office and Vacancy. - Party-list representatives shall be
33 
elected for a term of three (3) years which shall begin, unless otherwise provided by
34 
law, at noon on the thirtieth day of June next following their election. No party-list
35 
representatives shall serve for more than three (3) consecutive terms. Voluntary
36 
renunciation of the office for any length of time shall not be considered as an
37 
interruption in the continuity his service for the full term for which he was elected.
40


1 
In case of vacancy in the seats reserved for party-list representatives, the
2 
vacancy shali be autonnatically filled by the next representative from the iist of
3 
nominees in the order submitted to the Commission by the same party, organization,
4 
or coalition, who shaii serve for the unexpired term. If the list is exhausted, the party,
5 
organization coalition concerned shall submit additional nominees.
6 
SEC. 77. Change of Affiliation; Effect - Any elected party-list representative
7 
who changes his or her political party or sectoral affiliation during his or her term of
8 
office shaii forfeit his or her seat: Provided, That if he or she changes his or her political
9 
party or sectoral affiliation within one (1) year before an election, he or she shall not
10 
be eligible for nomination as party-list representative under his or her new party or
11 
organization.
12 
SEC. 78. Rights of Party-List Representatives. - Party-List Representatives shall
13 
be entitled to the same salaries and emoluments as regular members of the House of
14 
Representatives.
15
16 
Article 7
17 
Eligibility of Candidates and the Certificate of Candidacy
18 
SEC. 79. Qualificatio/7s for President and Vice-President of the Philippines. - No
19 
person may be elected President unless he is a natural-born citizen of the Philippines,
20 
a registered voter, able to read and write, at least forty years of age on the day of
21 
election, and a resident of the Philippines for at least ten years immediately preceding
22 
such election.
23 
SEC. 80. Qualifications for Senators. - No person shall be a Senator unless he
24 
is a natural-born citizen of the Philippines and, on the day of the election, is at least
25 
thirty-five years of age, able to read and write, a registered voter, and a resident of
26 
the Philippines for not less than two years immediately preceding the day of the
27 
election.
28 
SEC. 81. Qualifications for Members of the House of Representatives. - No
29 
person shall be a Member of the House of Representatives unless he is a natural-born
30 
citizen of the Philippines and, on the day of the election, is at least twenty-five years
31 
of age, able to read and write, and, except the party-list representatives, a registered
32 
voter in the district in which he shall be elected, and a resident thereof for a period of
33 
not less than one year immediately preceding the day of the election.
34 
SEC. 82. Quaiifcations of elective local and barangay officials. - The
35 
qualifications for elective provincial, city, municipal and barangay officials shall be
36 
those provided for in the Local Government Code.
37 
SEC. 83. Candidates holding appointive office or positions. - Any person
38 
holding a public appointive office or position, including active members of the Armed
41


1 
Forces of the Philippines, and officers and employees in government-owned or
2 
controlled corporations, shall be considered ipso facto resigned from his or her office
3 
upon the filing of his or her certificate of candidacy or certificate of acceptance and
4 
nomination.
5 
SEC. 84. Disqualifications. - Any candidate who, in an action or protest in which
6 
he is a party is declared by final decision of a competent court guilty of, or found by
7 
the Commission of having (a) given money or other material consideration to
8 
influence, induce or corrupt the voters or public officials performing electoral
9 
functions; (b) committed acts of terrorism to enhance his candidacy; (c) spent in his
10 
election campaign an amount in excess of that allowed by this Code; or (d) committed
11 
any election offense related to election campaign and campaign finance as set for in
12 
this Code shall be disqualified from continuing as a candidate, or if he has been
13 
elected, from holding the office
14 
The petition under this section must be verified and may be filed by any
15 
registered voter or any duly registered party, organization, or coalition. Such petition
16 
shall be filed any day after the last day for filing of certificates of candidacy, but not
17 
later than the date of proclamation.
18 
A petition to disqualify that invoke grounds for a petition to deny or cancel a
19 
certificate of candidacy or petition to declare a candidate as a nuisance candidate, or
20 
a combination thereof, shall be summarily dismissed.
21 
SEC. 85. Effects of Disqualification. - Any candidate who has been declared by
22 
final judgment to be disqualified shall not be voted for. If for any reason a candidate
23 
is not declared by final judgment before an election to be disqualified and he is voted
24 
for and receives the winning number of votes in such election, the Court or
25 
Commission shall continue with the trial and hearing of the action, inquiry, or protest
26 
and, upon motion of the complainant or any intervenor, may during the pendency
27 
thereof order the suspension of the proclamation of such candidate whenever the
28 
evidence of his guilt is strong.
29 
If the candidate is disqualified by final judgment prior to the election, the votes
30 
cast for him or her shall be considered stray. However, should the disqualification of
31 
the candidate become final only after the election, the rules on succession of public
32 
officers as laid down in the Constitution, the Local Government Code, and other
33 
applicable laws, shall apply.
34 
The Commission shall give priority to cases of disqualification by reason of
35 
violation of this Code.
36 
SEC. 86. Nuisance candidates. - The Commission may motu proprio or upon a
37 
verified petition of any registered voter, refuse to give due course to or cancel a
38 
certificate of candidacy if it is shown that said certificate has been filed to put the
39 
election process in mockery or disrepute or to cause confusion among the voters by
42


1 
the similarity of the names of the registered candidates or by other circumstances or
2 
acts which clearly demonstrate that the candidate has no bona fide intention to run
3 
for the office for which the certificate of candidacy has been filed and thus prevent a
4 
faithful determination of the true will of the electorate.
5 
The petition to declare a candidate as a nuisance candidate, whether initiated
6 
motu proprio by the Commission or otherwise, must be verified and the same shall be
7 
filed within five (5) days from the last day of the filing of certificates of candidacy
8 
SEC. 87. Certificate of candidacy. - No person shall be eligible for any elective
9 
public office unless he files a sworn certificate of candidacy within the period fixed
10 
herein.
11 
A person who has filed a certificate of candidacy may, prior to the election,
12 
withdraw the same by submitting to the office concerned a written declaration under
13 
oath.
14 
No person shall be eligible for more than one office to be filled in the same
15 
election, and if he files his certificate of candidacy for more than one office, he shall
16 
not be eligible for any of them.
17 
However, before the expiration of the period for the filing of certificates of
18 
candidacy, the person who was filed more than one certificate of candidacy may
19 
declare under oath the office for which he desires to be eligible and cancel the
20 
certificate of candidacy for the other office or offices.
21 
The filing or withdrawal of a certificate of candidacy shall not affect whatever
22 
civil, criminal, or administrative liabilities which a candidate may have incurred.
23 
SEC. 88. Contents of certificate of candidacy. - The certificate of candidacy
24 
shall state following:
25 
(a) Office aspired for;
26 
(b) Name of the aspirant;
27 
(c) Age;
28 
(d) Sex;
29 
(e) Civil Status;
30 
(f) Place and date of birth;
31 
(g) Citizenship, whether natural-born or naturalized;
32 
(h)The duly registered political party or coalition of political party to which he or
33 
she belongs, if any;
34 
(i) The name of the spouse, if married;
35 
(j) Complete address for election purposes;
43


1 
(k) Residence, giving the exact address and the number of years residing in:
2 
(i) 
The Philippines and whenever applicable,
3 
(ii) 
The place where the aspirant intends to be elected up to the day before
4 
the election;
5 
(I) The barangay, city, municipality and province where the aspirant is a registered
6 
voter or will be a registered voter;
7 
(m) Profession or occupation or employment;
8 
(n)That the aspirant is eligible for said office;
9 
(o)That the aspirant is not a permanent resident or an immigrant to a foreign
10 
country;
11 
(p)That the aspirant has executed a sworn renunciation of foreign citizenship, if
12 
applicable;
13 
(q)That the aspirant will file, with the Commission, within thirty (30) days after
14 
the day of the election, a full, true and itemized Statement of Contributions and
15 
Expenditures in connection with such 
election;
16 
(r) That the aspirant will support and defend the Constitution of the Republic of
17 
the Philippines and will maintain true faith and allegiance thereto;
18 
(s)That the aspirant will obey the laws, legal orders, decrees, resolutions, rules
19 
and regulations promulgated and issued by the duly constituted authorities;
20 
(t) That the aspirant assumes the foregoing obligations voluntarily without mental
21 
reservation or purpose of evasion;
22 
(u)That the aspirant gives consent to the Commission to collect, disclose or share,
23 
and process the personal data provided for election and other lawful purposes
24 
in accordance with the Privacy Notice and as may be authorized by existing
25 
laws;
26 
(v) That the facts stated in the certificate are true and correct to the best of the
27 
aspirant's knowledge; and
28 
(w) Whether the aspirant has been found liable for an offense/s which carries with
29 
it the accessory penalty of perpetual disqualification to hold public office, which
30 
has become final and executory.
31 
Unless the person filing the certificate of candidacy has officially changed his or
32 
her name through a court approved proceeding, such person shall use in a certificate
33 
of candidacy the name by which he or she has been baptized, or if has not been
34 
baptized in any church or religion, the name registered in the office of the local civil
35 
registrar or any other name allowed under the provisions of existing law or, in the
36 
case of a Muslim, his or her Hadji name after performing the prescribed religious
44


1 
pilgrimage: Provided, That when there are two or more aspirant for an office with the
2 
same name and surname, each aspirant, upon being made aware or such fact, shall
3 
state his or her paternal and maternal surname, except the incumbent who may
4 
continue to use the name and surname stated in his certificate of candidacy when he
5 
was elected.
6 
An aspirant may also Include one nickname or stage name by which he or she
7 
is generally or popularly known in the locality.
8 
The person filing a certificate of candidacy shall also affix his latest photograph,
9 
passport size; a statement In duplicate containing his or her bio-data and program of
10 
government not exceeding one hundred words, if he or she so desires.
11 
SEC. 89. Filing of certificate of candidacy and certificates of nomination and
12 
acceptance. - The Commission shall set the period within which the certificates of
13 
candidacy shall be filed along with the respective certificate of nomination and
14 
acceptance, if any: Provided, That, such period shall be within the election period but
15 
not later than five days before the beginning of the campaign period: Provided further,
16 
That, in no case shall the period be less than five (5) days; Provided finally, that in
17 
cases of postponement or failure of election under this Code, no additional certificate
18 
of candidacy shall be accepted except in cases of substitution of candidates as
19 
provided in this article.
20 
The certificates of candidacy and the certificates of nomination and acceptance,
21 
If any, shall be filed in such number of copies as the Commission may prescribe with
22 
the offices herein below mentioned:
23 
(a) For the positions of President, Vice-President, and Senator, with the Main Office
24 
of the Commission;
25 
(b) For the position of Member of the House of Representatives for a legislative
26 
district in the National Capital Region, with the Office of the Regional Director
27 
of the National Capital Region;
28 
(c) For the position of Member of the House of Representatives for a legislative
29 
district in the provinces, with the Office of the Provincial Election Supervisor;
30 
(d) For the position of Member of the House of Representative in a legislative
31 
district in the cities outside the National Capital Region which comprise one or
32 
more legislative districts, with the Office of the City Election Officer concerned
33 
designated for the purpose by the Regional Election Director;
34 
(e) For the positions of Governor, Vice-Governor, and Member of the Sangguniang
35 
Panlalawigan, with the Office of the Provincial Election Supervisor;
36 
(f) For the position of Mayor and Vice-Mayor cities with more than one Election
37 
Officer, with the Office of the City Election Officer concerned designated for the
38 
purpose by the Regional Election Director;
45


1 
(g) For the position of Member of the Sangguniang Panlungsod in cities with more
2 
than one Election Officer, with the Office of the City Election Officer of the
3 
district concerned;
4 
(h)For the position of Mayor, Vice Mayor, and Member of the Sangguniang
5 
Panglungsod in cities with only one (1) legislative district, with the Office of the
6 
City Election Officer;
7 
(i) For the position of Municipal Mayor, Municipal Vice-Mayor, and Member of the
8 
Sangguniang Bayan, with the Office of the Municipal Election Officer; and
9 
O') For the position of Members of the Parliament of the Bangsamoro Autonomous
10 
Region in Muslim Mindanao, with the Office of the Regional Election Director.
11 
In case of valid substitution of nominees of party-list groups, the certificate of
12 
nomination and acceptance of the substitute nominee shall be filed with the Main
13 
Office of the Commission.
14 
Any certificate of candidacy or certificate of nomination and acceptance filed
15 
with the incorrect office shall be deemed not filed. No filing fee shall be imposed for
16 
the filing of the certificate of candidacy and certificate of nomination.
17 
SEC. 90. Ministerial duty of receiving and acknowledging receipt - The
18 
Commission, provincial election supervisor, and the election officer designated by the
19 
Commission, and electoral boards, as the case may be, shall have the ministerial duty
20 
to receive and acknowledge receipt of the certificate of candidacy.
21 
SEC. 91. Candidates in case of death, disqualification, or incapacity of another.
22 
- If after the last day for the filing of the certificate of candidacy, which shall not be
23 
earlier than One Hundred and Fifty (150) days preceding the day of election, an official
24 
candidate of a registered or accredited political party dies, becomes incapacitated, or
25 
is disqualified for any cause, only a person belonging to, and nominated by, the same
26 
political party may file a certificate of candidacy to replace the candidate who died,
27 
became incapacitated, or was disqualified: Provided, That, such substitute candidate
28 
must have the same surname as the candidate being substituted: Provided further,
29 
That an independent candidate who filed a certificate of candidacy may also be
30 
substituted.
31 
The substitute candidate nominated by the political party concerned may file
32 
his or her certificate of candidacy for the office affected in accordance with the
33 
preceding sections not later than mid-day of the day of the election. If the death,
34 
incapacity or disqualification should occur between the day before the election and
35 
mid-day of election day, said certificate may be filed with any electoral board in the
36 
political subdivision where he or she is a candidate, or, in the case of candidates to be
37 
voted for by the entire electorate of the country, with the Commission.
46


1 
SEC. 92. Petition to deny due course to or cancei a certificate of candidacy. -
2 
A verified petition seeking to deny due course or to cancel a certificate of candidacy
3 
may be filed by any registered voter exclusively on the ground that any material
4 
representation contained therein as required under Section 88 hereof is false:
5 
Provided, That, the deliberate failure by the person filing the certificate of candidacy
6 
to disclose that he or she has been declared by competent authority as insane or
7 
incompetent, or that he or she has been sentenced by final judgment for subversion,
8 
insurrection, rebellion or for any offense for which he or she has been sentenced to a
9 
penalty of more than eighteen months or for a crime involving moral turpitude, shall
10 
likewise constitute material misrepresentation unless there is a declaration by
11 
competent authority that said insanity or incompetence had been removed, or, in
12 
case of conviction for the offenses herein mentioned, such nominee has been given
13 
plenary pardon or granted amnesty or at least five years have passed from his or her
14 
service of sentence.
15 
The petition may be filed at any time not later than twenty-five days from the
16 
time of the filing of the certificate of candidacy and shall be decided, after due notice
17 
and hearing, not later than thirty days before the election.
18 
CHAPTER III
19 
ELECTION AND CAMPAIGN PERIODS, CAMPAIGN,
20 
AND CAMPAIGN EXPENDITURES
21
22 
Article 8
23 
The Election and Campaign Periods
24 
SEC. 93. Eiection period. - Unless otherwise fixed in special cases by the
25 
Commission on Elections, which hereinafter shall be referred to as the Commission,
26 
the election period shall commence ninety days before the day of the election and
27 
shall end thirty days thereafter.
28 
SEC. 94. Campaign period. - The campaign periods are hereby fixed as follows:
29 
(a) For President, Vice-President, Senators, and party-list groups participating in
30 
the party-list system of representation, ninety (90) days before the day of the
31 
elections;
32 
(b) For Members of the House of Representatives and elective regional, provincial,
33 
city, and municipal officials, forty-five (45) days before the day of the election;
34 
and
35 
(c) For barangay and Sangguniang Kabataan officials, ten (10) days before the
36 
election.
37 
In case of special elections and recall elections, the Commission shall fix the campaign
38 
period which in no case shall exceed the periods herein set forth.
47


2 
Article 9
3 
Campaign and Election Propaganda
4 
SEC. 95. Election campaign or partisan political activity outside the campaign
5 
period. - It shall be unlawful for any person, whether or not a voter or candidate, or
6 
for any party, or association of persons, to engage in an election campaign or partisan
7 
political activity from the time the period for filing certificates of candidacy has ended
8 
until the start of the campaign period: Provided, That any party, organization, or
9 
coalition may, at any time, hold an emergency convention or meeting for the purpose
10 
of nominating a substitute candidate in cases where substitution is proper.
11 
SEC. 96. Intervention of foreigners. - It shall be unlawful for any foreigner,
12 
whether judicial or natural person, to aid any candidate or political party, directly or
13 
indirectly, or take part in or influence in any manner any election, or to contribute or
14 
make any expenditure in connection with any election campaign or partisan political
15 
activity.
16 
SEC. 97. Prohibited Campaigning. - It is unlawful for any person or for any
17 
political party or association of persons to engage in an election campaign or partisan
18 
political activity on Maundy Thursday, Good Friday, the day before the election day,
19 
and on Election Day.
20 
SEC. 98. Lawful election propaganda. - Lawful election propaganda shall
21 
include:
22 
(a) Pamphlets, leaflets, cards, decals, stickers or other written or printed materials
23 
of a size not more than eight and one-half (8 Vzjinches in width and fourteen
24 
(14) inches in length;
25 
(b) Handwritten or printed letters urging voters to vote for or against any particular
26 
candidate;
27 
(c) Cloth, paper or cardboard posters, whether framed or posted, with an area
28 
exceeding two (2) feet by three (3) feet, except that, at the site and on the
29 
occasion of a public meeting or rally, or in announcing the holding of said
30 
meeting or rally, streamers not exceeding three (3) feet by (8) eight feet in
31 
size, shall be allowed: Provided, That said streamers may be displayed five (5)
32 
days before the date of the meeting or rally and shall be removed within twenty-
33 
four (24) hours after said meeting or rally.
34 
(d) Paid advertisements in internet, mobile, print or broadcast media: Provided,
35 
That the advertisements shall comply with the requirements set forth in this
36 
Code and with the rules and guidelines promulgated by the Commission.
37 
(e) All other forms of election propaganda not prohibited by this Code as the
38 
Commission may authorize after due notice to all interested parties and hearing
48


1 
where all the interested parties were given an equal opportunity to be heard:
2 
Provided, That the Commission's authorization shall be published in two
3 
newspapers of general circulation throughout the nation for at least twice within
4 
one week after the authorization has been granted.
5 
SEC. 99. Requirements and Limitations on the Use of Eiection Propaganda
6 
through Mass Media. - Ail bona fide candidates shall have equal access to mass media
7 
time and space for their election propaganda during the campaign period. The
8 
following guidelines shall be amplified on by the Commission in rules and regulations
9 
that it shall promulgate to implement this Article:
10 
(a) Print advertisements shall not exceed one-fourth (1/4) page, in broad sheet
11 
and one-half (1/2) page in tabloids thrice a week per newspaper, magazine or
12 
other publications, during the campaign period.
13 
(b)Each bona fide candidate or registered political party for a nationally-elected
14 
office shall be entitled to not more than one hundred twenty (120) minutes of
15 
television advertisement and one hundred eighty (180) minutes of radio
16 
advertisement whether by purchase or donation.
17 
Each bona fide candidate or registered political party for a locally-elected office
18 
shall be entitled to not more than sixty (60) minutes of television advertisement
19 
and ninety (90) minutes of radio advertisement whether by purchase or
20 
donation.
21 
For this purpose, the Commission shall require any broadcast station or entity
22 
to submit to the COMELEC a copy of its broadcast logs and certificates of
23 
performance for the review and verification of the frequency, date, time and
24 
duration of advertisements broadcast for any candidate or political party.
25 
(c) No franchise or permit to operate a radio or television stations shall be granted
26 
or issued, suspended or cancelled during the election period.
27 
(d) All members of media including those who are operating through the television,
28 
radio, print, mobile, and internet shall scrupulously report and interpret the
29 
news, taking care not to suppress essential facts nor to distort the truth by
30 
omission or improper emphasis. They shall recognize the duty to air the other
31 
side and the duty to correct substantive errors promptly.
32 
(e)Any mass media columnist, commentator, announcer, reporter, on-air
33 
correspondent, blogger or personality who is a candidate for any elective public
34 
office or is a campaign volunteer for or employed or retained in any capacity
35 
by any candidate or political party shall be deemed resigned, if so required by
36 
their employer, or shall take a leave of absence from his/her work as such
37 
during the campaign period: Provided, That any media practitioner who is an
38 
official of a political party or a member of the campaign staff of a candidate or
49


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
39
political party shall not use his/her time or space to favor any candidate or 
political party.
(f) Each candidate, registered party, organization, or coalition shall register with 
the Commission their official social media accounts, social media pages, 
websites, or blogs which are already verified upon registration, and also those 
that will be verified subsequent to registration: Provided,. That the same are 
being or will be used for the endorsement of the candidacy of said candidate 
or candidacies of the members of such party, organization, or coalition.
Any other website, blog, or social media page not registered but which, when 
taken as a whole, has for its primary purpose the endorsement of a candidate, 
party, organization, or coalition, whether or not directly maintained or 
administered by the candidate, party, organization, or coalition, or its official 
campaign representatives, shall be considered as official websites, blogs, or 
social media pages of said candidate, party, organization, or coalition for all 
regulatory purposes.
Only verified and registered social media accounts, social media pages, 
websites, or blogs may run electoral ads and boost or promote electoral posts.
(g) Microtargeting of electoral ads shall not be allowed except when based on the 
following criteria: geographical location, except radius around a specific 
location; age and gender.
(h) Any printed or published and broadcast election propaganda shall bear and be 
identified by the reasonably legible or audible words "political advertisement 
paid for", followed by the true and correct name and address of the candidate 
or party for whose benefit the election propaganda was printed or aired. It shall 
also bear, and be identified by, the reasonably legible, or audible words 
"political advertisement paid by," followed by the true and correct name and 
address of the payor. This rule shall also apply to online advertisements.
If the space for printed or published election propaganda is donated by the 
publishing firm, or the airtime for broadcast election propaganda is given free 
of charge by the radio or television station or cable television, it shall bear and 
be identified by the reasonably legible or audible words "printed free of charge," 
or "airtime for this broadcast was provided free of charge by," respectively, 
followed by the true and correct name and address of the said publishing firm 
or broadcast entity. This rule shall also apply to online advertisements.
(j) Print, broadcast, outdoor advertisements, online or mobile advertisements 
donated to the candidate or political party shall not be printed, published, 
broadcast, or exhibited without the written acceptance by the said candidate 
or political party. Such written acceptance shall be attached to the advertising 
contract and shall be submitted to the Commission.
50
(i)


1 
All mass media entities shall furnish the Commission with a copy of all contracts
2 
for advertising, promoting or opposing any political party or the candidacy of
3 
any person for public office within five (5) days after its signing. In every case,
4 
it shall be signed by the donor, the candidate concerned or by the duiy
5 
authorized representative of the political party.
6 
In all instances, the Commission shali supervise the use and employment of
7 
press, radio, television, internet, and social media facilities insofar as the
8 
placement of political advertisements is concerned to ensure that candidates
9 
are given equal opportunities under equal circumstances to make known their
10 
qualifications and their stand on public issues within the limits set forth in this
11 
Code.
12 
The Commission shall ensure that radio or television or cable television
13 
broadcasting entities shall not allow the scheduling of any program or permit
14 
any sponsor to manifestly favor or oppose any candidate or political party by
15 
unduly or repeatedly referring to or including said candidate and/or political
16 
party in such program respecting, however, in all instances the right of said
17 
broadcast entities to air accounts of significant news or news worthy events
18 
and views on matters of public 
interest.
19 
SEC. 100. Removal, destruction or defacement of lawful election propaganda
20 
prohibited. - It shall be unlawful for any person during the campaign period to remove,
21 
destroy, obliterate, or in any manner deface or tamper with, or prevent the distribution
22 
of lawful election propaganda.
23 
SEC. 101. Prohibited forms of election propaganda. - During the election
24 
period, the following shall be prohibited:
25 
(a) To print, publish, post or distribute any newspaper, newsletter, newsweekly,
26 
gazette or magazine advertising, pamphlet, leaflet, card, decal, bumper sticker,
27 
poster, comic book, circular, handbill, streamer, sample list of candidates or
28 
any published or printed political propaganda or advertisement and to air or
29 
broadcast any election propaganda or political advertisement by television or
30 
radio for or against a candidate or group of candidates to any public office,
31 
unless they bear and be identified by a reasonably legible, or audible words
32 
"political advertisement paid for," followed by the true and correct name and
33 
address of the candidate, political or sectoral party, organization, or coalition
34 
for whose benefit the election propaganda was printed or aired. It shall likewise
35 
be unlawful to publish, print or distribute said campaign materiais unless they
36 
bear, and are identified by, the reasonably legible, or audible words "political
37 
advertisements paid by," followed by the true and correct name and address
38 
of the payor;
51


1 
(b)To print, publish, broadcast, display, or exhibit any such election propaganda
2 
donated or given free of charge by any person or publishing firm or broadcast
3 
media entity to a candidate, political or sectoral party, organization or coalition
4 
without the written acceptance of the said candidate, political or sectoral party,
5 
organization or coalition, and unless they bear and be identified by the words
6 
"printed free of charge," or "airtime for this broadcast was provided free of
7 
charge by", respectively, followed by the true and correct name and address of
8 
the said publishing firm or broadcasting entity;
9 
(c) To show, display or exhibit publicly in a theater, through a television station, a
10 
video sharing site, social media network, to any public forum any movie,
11 
cinematography or documentary, including concert or any type of performance
12 
portraying the life or biography of a candidate, or in which a character is
13 
portrayed by an actor or media personality who is himself or herself a
14 
candidate;
15 
(d) For any newspaper or publication, radio, television or cable television station,
16 
or other mass media entity, or any person making use of the mass media to
17 
sell or give free of charge print or advertising space or airtime for campaign or
18 
election propaganda purposes to any candidate or party in excess of the size,
19 
duration or frequency authorized by law or these Rules. A newspaper or
20 
publication, radio, television or cable television station, or other mass media,
21 
or any person may require any buyer to warrant under oath that such purchase
22 
is not in excess of the size, duration or frequency authorized by law;
23 
(e) For any radio, television, cable television station, announcer or broadcaster to
24 
allow the scheduling of any program, or permit any sponsor to manifestly favor
25 
or oppose any candidate or party by unduly or repeatedly referring to, or
26 
unnecessarily mentioning the name of such candidate or party, or including
27 
therein said candidate or party;
28 
(f) To print, publish, post, show, display, distribute any election campaign or
29 
propaganda materials that are violative of gender sensitivity principles, is
30 
obscene, offensive, discriminatory, or otherwise constitutes a violation of the
31 
Magna Carta of Women; and
32 
(g)To post, display, or exhibit any election campaign or propaganda material
33 
outside of authorized common poster areas, in public places, or in private
34 
properties without the consent of the owner thereof.
35 
The printing press, printer, or publisher who prints, reproduces or publishes
36 
said campaign materials, and the broadcaster, station manager, owner of the radio or
37 
television station, or content creator of a post, owner or administrator of any website
38 
who airs or shows the political advertisements, without the required data or having
39 
false information, in violation of the provisions of this Article shall be criminally liable
52


1 
with the candidate, and, if applicable, further suffer the penalties of suspension or
2 
revocation of franchise or permit.
3 
SEC. 102. Rallies, meetings and other political activities. - Subject to the
4 
requirements of local ordinances on the issuance of permits, any political party
5 
supporting official candidates or any candidate individually or jointly with other
6 
aspirants may hold peaceful political rallies, meetings, and other similar activities
7 
during the campaign period: Provided, That all applications for permits to hold
8 
meetings, rallies and other similar political activities, receipt of which must be
9 
acknowledged in writing and which application shall be immediately posted in a
10 
conspicuous place in the city or municipal hall, shall be acted upon in writing by local
11 
authorities concerned within three days after the filing thereof and any application not
12 
acted upon within said period shall be deemed approved: and Provided further, That
13 
denial of any application for said permit shall be appealable to the provincial election
14 
supervisor or to the Regional Election Director, for cases in the National Capital Region,
15 
whose decision shall be made within forty-eight (48) hours and which shall be final
16 
and executory: Provided finally, the only justifiable grounds for denial shall be a) a
17 
prior written application by any candidate or political party for the same purpose has
18 
been approved; or b) the existence of a health emergency, as attested to by the
19 
appropriate department or agency of the national government, which absolutely
20 
necessitates that mass gatherings be prohibited.
21 
SEC. 103. Public rally. - Any political party or candidate shall notify the election
22 
registrar concerned of any public rally said political party or candidate intends to
23 
organize and hold in the city or municipality, and within seven working days thereafter
24 
submit to the election officer a statement of expenses incurred in connection
25 
therewith.
26 
SEC. 104. Transportation, food and drinks. - It shall be unlawful for any
27 
candidate, political party, organization, or any person to give or accept, free of charge,
28 
directly or indirectly, transportation, food or drinks or things of value during the five
29 
hours before and after a public meeting, on the day preceding the election, and on
30 
the day of the election; or to give or contribute, directly or indirectly, money or things
31 
of value for such purpose.
32 
SEC. 105. COMELEC Space and Time. - The Commission shall procure the
33 
print space upon payment of just compensation from at least three (3) national
34 
newspapers of general circulation wherein candidates for national office can announce
35 
their candidacies. Such space shall be allocated free of charge equally and impartially
36 
among all the candidates for national office on three (3) different calendar days: the
37 
first day within the first week of the campaign period; the second day within the fifth
38 
week of the campaign period; and the third day within the tenth week of the campaign
39 
period.
53


1 
The Commission shall also procure free airtime from at least three (3) national
2 
television networks and three (3) national radio networks, which shall also be allocated
3 
free of charge equally and impartially among all candidates for national office. Such
4 
free time shall be allocated on three (3) different calendar days; the first day within
5 
the first week of the campaign period; the second day within the fifth week of the
6 
campaign period; and the third day within the tenth week of the campaign period.
7 
The Commission may require national television and radio networks to sponsor
8 
at least three (3) national debates among presidential candidates and at least one (1)
9 
national debate among vice presidential candidates. The debates among presidential
10 
candidates shall be scheduled on three (3) different calendar days; the first debate
11 
shall be scheduled within the first and second week of the campaign period; the
12 
second debate within the fifth and sixth week of the campaign period; and the third
13 
debate shall be scheduled within the tenth and eleventh week of the campaign period.
14 
The sponsoring television or radio network may sell air-time for commercials
15 
and advertisements to interested advertisers and sponsors. The Commission shall
16 
promulgate rules and regulations for the holding of such debates.
17 
Furthermore, Commission shall likewise procure shall in at least one (1)
18 
newspaper of general circulation and air time in at least one (1) major broadcasting
19 
station or entity in every province or city: Provided, however, That in the absence of
20 
said newspaper, publication shall be done in any other magazine or periodical in said
21 
province or city, which shall be known as "COMELEC Space": Provided further. That
22 
in the absence of said broadcasting station or entity, broadcasting shall be done in
23 
any radio or television station in said province or city, which shall be known as
24 
"COMELEC Time". Said time shall be allocated to the COMELEC free of charge, while
25 
said space shall be allocated to the COMELEC upon payment of just compensation.
26 
The COMELEC time and space shall be utilized exclusively by the COMELEC for public
27 
information dissemination on election-related concerns.
28 
SEC. 106. Poster areas. - The Commission may authorize political parties and
29 
party-list groups to erect common poster areas for their candidates in not more than
30 
ten (1) public places such as plazas, markets, barangay centers and the like, wherein
31 
candidates can post, display or exhibit election propaganda: Provided, That the size
32 
of the poster areas shall not exceed twelve (12) by sixteen (16) feet or its equivalent.
33 
Independent candidates with no political parties may likewise be authorized to
34 
erect common poster areas in not more than ten (10) public places, the size of which
35 
shall not exceed four (4) by six (6) feet or its equivalent.
36 
Candidates may post any lawful propaganda material in private places with the
37 
consent of the owner thereof, and in public places or property which shall be allocated
38 
equitably and impartially among the candidates.
54


1 
SEC. 107. Rates of Political Propaganda. - During the election period, the
2 
maximum rates that media outlets may charge registered political parties, sectoral
3 
parties or sectoral organizations, and bona fide candidates shall be no higher than the
4 
average of either the published rates, negotiated rates, or any other set of rates,
5 
whichever is the lowest, charged in the last three calendar years prior to the election,
6 
less a discount therefrom of fifty percent (50%) for television, forty percent (40%) for
7 
radio and ten percent (10%) for print therefrom.
8 
Nothing in this provision prohibits a media outlet from giving higher
9 
discounts: Provided, That the discount it gives one candidate shall be the same
10 
discount it gives to other candidates for the same position
11 
In no case shall rates charged to registered political parties, sectoral parties or
12 
sectoral organizations, and bona fide candidates be higher than rates charged to non-
13 
political advertisers.
14 
SEC. 108. Right to Reply. - All registered parties and bona fide candidates
15 
shall have the right to reply to charges published against them. The reply shall be
16 
given publicity by the newspaper, television and/or radio station which first printed or
17 
aired the charges with the same prominence or in the same page or section or in the
18 
same time slot as the first statement.
19 
SEC. 109. Election Surveys and Exit Polls. -
20 
(A) During the election period, any person, candidate, party, coalition or organization
21 
who publishes a survey must likewise publish the following information:
22 
(1) The name of the person, candidate, party or organization who commissioned
23 
or paid for the survey;
24 
(2) The name of the person, polling firm or survey organization who conducted
25 
the survey;
26 
(3) The period during which the survey was conducted, the methodology used,
27 
including the number of individual respondents and the areas from which
28 
they were selected, and the specific questions asked;
29 
(4) The margin of error of the survey;
30 
(5) For each question for which the margin of error is greater than that reported
31 
under paragraph (d), the margin of error for that question; and
32 
(6) A mailing address and telephone number, indicating it as an address or
33 
telephone number at which the sponsor can be contacted to obtain a written
34 
report regarding the survey.
35 
The survey together with raw data gathered to support its conclusions shall be
36 
available for inspection, copying and verification by the Commission or by a registered
37 
political party or a bona fide candidate or by any COMELEC-accredited citizen's arm.
55


1 
A reasonable fee sufficient to cover the costs of inspection, copying and verification
2 
may be charged.
3 
(B) Exit polls may only be taken subject to the following requirements:
4 
(1) Pollsters shall not conduct their surveys within fifty (50) meters from the
5 
polling place, whether said survey is taken in a home, dwelling place and
6 
other places;
7 
(2) Pollsters shall wear distinctive clothing;
8 
(3) Pollsters shall inform the voters that they may refuse to answer; and
9 
(4) The result of the exit polls may be announced after the closing of the polls
10 
on election day, and must clearly identify the total number of respondents,
11 
and the places where they were taken. Said announcement shall state that
12 
the same is unofficial and does not represent a trend.
13 
SEC. 110. The Commission shall promulgate and furnish all candidates, duly
14 
registered political and sectoral parties, sectoral organizations, coalition of political
15 
parties and the mass media entities the rules and regulations for the implementation
16 
of this Article, consistent with the criteria established in Article IX-C, Section 4 of the
17 
Constitution.
18 
Rules and regulations promulgated by the COMELEC under and by authority of
19 
this Section shall take effect on the fifteenth (15th) day after their publication in at
20 
least two (2) daily newspapers of general circulation. Prior to effectivity of said rules
21 
and regulations, no political advertisement or propaganda for or against any candidate
22 
or political party shall be published or broadcast through mass media.
23 
Violation of this Article and the rules and regulations of the COMELEC issued to
24 
implement this Article shall be an election offense punishable under Section 405 of
25 
this Code.
26
27 
Article 10
28 
Electoral Contributions and Expenditures
29 
SEC. 111. Prohibited contributions and soiicitations. - No contribution for
30 
purposes of partisan political activity shall be made directly or indirectly by any of the
31 
following:
32 
(a) Public or private financial institutions: Provided, however, That nothing herein
33 
shall prevent the making of any loan to a candidate or sectoral or political party
34 
or organization by any such public or private financial institutions legally in the
35 
business of lending money, and that the loan is made in accordance with laws
36 
and regulations and in the ordinary course of business;
56


1 
(b) Natural and juridical persons operating a public utility or in possession of or
2 
exploiting any natural resources of the nation;
3 
(c) Natural and juridical persons who hold contracts or sub-contracts to supply the
4 
government or any of its divisions, subdivisions or instrumentalities, including
5 
local government units and government-owned and controlled corporations,
6 
with goods or services or to perform construction or other works;
7 
(d) Natural and juridical persons who have been granted franchises, incentives,
8 
exemptions, allocations or similar privileges or concessions by the government
9 
or any of its divisions, subdivisions or instrumentalities, including government-
10 
owned or controlled corporations;
11 
(e) Natural and juridical persons who, within one year prior to the date of the
12 
election, have been granted loans or other accommodations in excess of One
13 
Million Pesos Php 1,000,000 by the government or any of its divisions,
14 
subdivisions or instrumentalities including government-owned or controlled
15 
corporations;
16 
(f) Educational institutions which have received grants of public funds amounting
17 
to no less than One Million Pesos Php 1,000,000.00;
18 
(g) Officials or employees in the Civil Service, personnel working with for or with
19 
the government under a job order or contract of service, consultants to the
20 
government, including local government units and government-owned and
21 
controlled corporations, or members of the Armed Forces of the Philippines;
22 
and
23 
(h) Foreign governments and their agencies, any foreign national, and foreign
24 
corporations.
25 
It shall be unlawful for any person, including a political party, sectoral party,
26 
sectoral organization, coalition of political parties, or public or private entity to solicit
27 
or receive, directly or indirectly, any aid or contribution of whatever form or nature
28 
from any of the persons or entities enumerated herein for the purposes of influencing
29 
the results of the election.
30 
SEC. 112. Prohibited raising of funds. - It shall be unlawful for any person to
31 
hold lotteries, cockfights, games, bingo, or any other form of gambling activity
32 
including those conducted online, boxing bouts, dances, beauty contests, concerts,
33 
cinematographic, theatrical or other performances for the purpose of raising funds for
34 
an election campaign or for the support of any candidate, political or sectoral party,
35 
coalition of political parties, or sectoral organizations from the commencement of the
36 
election period up to and including election day; or for any person, organization, or
37 
entity, whether civic or religious, directly or indirectly, to solicit and/or accept from
38 
any candidate for public office, or from his campaign manager, agent or
39 
representative, or any person acting in their behalf, any gift, food, transportation,
57


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
39
40
41
42
43
contribution or donation in cash or in kind from the commencement of the election 
period up to and including election day; Provided, That normal and customary religious 
stipends, tithes, or collections on Sundays and/or other designated collection days, 
are excluded from this prohibition.
SEC. 113. True name of contributor required. - No person shall make any 
contribution in any name except his own nor shall any candidate or treasurer of a 
political party receive a contribution or enter or record the same in any name other 
than that of the person by whom it was actually made.
SEC. 114. Report of contributions. - Every person giving contributions to any 
candidate, treasurer of the party, organization or coalition, or authorized 
representative of such candidate or treasurer shall, not later than thirty days after the 
day of the election, file with the Commission a report under oath stating the amount 
of each contribution, the name of the candidate, agent of the candidate or political 
party receiving the contribution, and the date of the contribution.
Section 115. Authorized Expenses of Candidates and Poiiticai Parties. - The 
aggregate amount that a candidate, registered political or sectoral party, organization, 
or coalition of parties may spend for election campaign shall be as follows:
(a) For candidates- Twenty Pesos (P 20.00) for President and Vice-President; 
for Senatorial candidates. Five Pesos (P 5.00); and Twenty Pesos (P 20.00) for 
other candidates for every voter currently registered in the constituency where 
the candidate filed a certificate of candidacy: Provided, That, a candidate 
without a political party and without support from any political party may be 
allowed to spend Thirty Pesos (P 30.00) for every such voter: provided, further, 
that if the authorized expense is less than Five Hundred Thousand Pesos (P 
500,000) after multiplying the prescribed amount per voter to the total number 
of registered voters in a candidate's constituency, the candidate shall have the 
option of spending more than the prescribed amount but in no case shall the 
total amount exceed Five Hundred Thousand Pesos (P 500,000).
(b) For political parties not participating in party-list elections -Ten Pesos 
(PIO.OO) for every voter currently registered in the constituency or 
constituencies where it has official candidates; and Five Pesos (P 5.00) for 
sectoral parties, sectoral organizations, or political parties participating in the 
party-list elections.
Any provision of law to the contrary notwithstanding, any contribution in cash 
or in kind to any candidate, political party, coalition of parties, sectoral parties, 
sectoral organizations, or coalition of sectoral parties for campaign purposes, 
duly reported to the Commission, shall not be subject to the payment of any 
donor's tax: Provided, that the total amount of donations shall not exceed the 
aggregate amount that a candidate, political party, or party-list group may 
spend for election campaign: Provided, further, that unutilized or excess 
campaign funds shall be subject to income tax, unless the candidate, political
58


1 
party, or party-list group returns the unutilized or excess campaign funds to
2 
one or more donors: Provided, finally, that every person making election
3 
contributions not exceeding Ten Thousand Pesos (P 10,000) shall be exempt
4 
from the reportorial requirement imposed in the preceding section of this Code.
5 
However, the candidate, party-list group, or political party receiving such
6 
contribution shall still include such de minimis contribution in its record of
7 
contributions as mentioned in Section 106 (b) of Batas Pambansa Bilang 881.
8
9 
Every six years from the effectivity of this Act, the Commission, in consultation
10 
with the Bangko Sentral ng Pilipinas, the National Economic and Development
11 
Authority, and the Philippine Statistics Authority, shall review and, if necessary,
12 
recommend to Congress new amounts of authorized expenses under this
13 
section based on the official consumer price index.
14
15 
SEC. 116. Lawful expenditures. - To carry out the objectives of the preceding
16 
sections, no candidate or treasurer of a political party shall, directly or indirectly, make
17 
any expenditure except for the following purposes:
18 
(a) For travelling expenses of the candidates and campaign personnel in the course
19 
of the campaign and for personal expenses incident thereto;
20 
(b) For compensation of campaigners, clerks, stenographers, messengers, and
21 
other persons actually employed in the campaign including those working
22 
through the internet or social media;
23 
(c) For telegraph and telephone tolls, postage, freight and express delivery
24 
charges;
25 
(d) For stationery, printing and distribution of printed matters relative to candidacy;
26 
(e) For employment of watchers at the polls;
27 
(f) For rent, maintenance and furnishing of campaign headquarters, office or place
28 
of meetings;
29 
(g) For establishment, maintenance, updates, and/or upgrades of social media
30 
accounts, social media pages, websites, or blogs used for the campaign;
31 
(h) For political meetings and rallies, including e-rallies, and the use of sound
32 
systems, lights and decorations during said meetings and rallies;
33 
(i) For newspaper, radio, television and other public advertisements including
34 
advertisements on the internet and social media sites;
35 
(j) For employment of counsel;
36 
(k) For copying and classifying list of voters, investigating and challenging the right
37 
to vote of persons registered in the lists; and
38 
(I) For printing sample ballots in such color, size and maximum number as may be
39 
authorized by the Commission
59


1 
The expenditures for items Q) and (k), shall not be taken Into account int
2 
determining whether the expenditure limit has been breached by the candidate or
3 
party in the conduct of campaign activities.
4 
SEC. 117. Persons authorized to incur eiection expenditures. - No person,
5 
except the candidate, the treasurer of a political party, coalition of political parties,
6 
sectoral party or organization or any person authorized by such candidate or treasurer,
7 
shall make any expenditure in support of or in opposition to any candidate or political
8 
party. Expenditures duly authorized by such candidate or treasurer shall be considered
9 
as expenditures of such candidate, party, organization, or coalition.
10 
The authority to incur expenditures shall be in writing, copy of which shall be
11 
furnished the Commission signed by the candidate or the treasurer of the party,
12 
organization, or coalition and showing the expenditures so authorized, and shall state
13 
the full name and exact address of the person so designated.
14 
Nothing in this section shall be understood to prohibit private citizens from
15 
producing their own lawful materials in support of a candidate, party, or organization:
16 
Provided, That the production, use, or deployment of such materials shall not be under
17 
the direct or indirect control or supervision by the candidate, party, organization, or
18 
its representatives.
19 
SEC. 118. Prohibited donations by candidates, treasurers of parties or their
20 
agents. - No candidate, his or her spouse or any relative within the second civil degree
21 
of consanguinity or affinity, or his or her campaign manager, agent or representative
22 
shall, during the campaign period, on the day before and on the day of the election,
23 
directly or indirectly, make any donation, contribution or gift in cash or in kind, or
24 
undertake or contribute to the construction or repair of roads, bridges, school buses,
25 
puericulture centers, medical clinics and hospitals, churches or chapels cement
26 
pavements, or any structure for public use or for the use of any religious or civic
27 
organization: Provided, That normal and customary religious dues or contributions,
28 
such as religious stipends, tithes or collections on Sundays or other designated
29 
collection days, as well as periodic payments for legitimate scholarships established
30 
and school contributions habitually made before the prohibited period, are excluded
31 
from the prohibition.
32 
The same prohibition applies to treasurers, agents or representatives of any
33 
political or sectoral party or organization or coalition of parties.
34 
SEC. 119. Accounting by agents of candidate or treasurer. - Every person
35 
receiving contributions or incurring expenditures by authority of the candidate or
36 
treasurer of the party shall, on demand by the candidate or treasurer of the party,
37 
and in any event within five days after receiving such contribution or incurring such
38 
expenditure, render to the candidate or the treasurer of the party concerned, a
39 
detailed account thereof with proper vouchers or official receipts.
60


1 
SEC. 120. Records of contributions and expenditures. -
2 
(a) It shall be the duty of every candidate, treasurer of the political or sectoral
3 
party or organization or coalition of parties, and the person acting under the
4 
authority of such candidate or treasurer to issue a receipt for every contribution
5 
received and to obtain and keep a receipt stating the particulars of every
6 
expenditure made.
7 
(b) Every candidate and treasurer of the party, coalition, or organization shall keep
8 
detailed, full, and accurate records of all contributions received and
9 
expenditures incurred by him or her and by those acting under his or her
10 
authority, setting forth therein all information required to be reported.
11 
(c) Every candidate and treasurer of the party, coalition, or organization shall be
12 
responsible for the preservation of the records of contributions and
13 
expenditures, together with ail pertinent documents, for at least five (5) years
14 
after the holding of the election to which they pertain and for their production
15 
for inspection by the Commission or its duly authorized representative, or upon
16 
presentation of a subpoena duces tecum duly issued by the Commission. Failure
17 
of the candidate or treasurer to preserve such records or documents shall be
18 
deemed prima facie evidence of violation of the provisions of this Article.
19 
SEC. 121. Statement of Contributions and Expenditures. - Every candidate and
20 
treasurer of the political or sectoral party, sectoral organization or coalition of political
21 
parties shall, within thirty (30) days after the day of the election, file in duplicate with
22 
the offices of the Commission the full, true and itemized verified statement of all
23 
contributions and expenditures in connection with the election.
24 
Regardless of the results of the elections, or even if the candidates, parties,
25 
organizations, or coalitions concerned did not receive any contribution or make any
26 
expenditure, they shall still submit the statement herein required.
27 
The statement shall be in writing, subscribed and sworn to by the candidate or
28 
by the treasurer of the party, organization, or coalition, and shall be complete as of
29 
the date next preceding the date of filing. It shall set forth in detail (a) the amount of
30 
contribution, the date of receipt, and the full name and exact address of the person
31 
from whom the contribution was received; (b) the amount of every expenditure, the
32 
date thereof, the full name and exact address of the person to whom payment was
33 
made, and the purpose of the expenditure; (c) any unpaid obligation, its nature and
34 
amount, and to whom said obligation is owing; and (d) such other particulars which
35 
the Commission may require.
36 
If the candidate, party, organization, or coalition has received no contribution,
37 
made no expenditure, or has no pending obligation, the statement shall reflect such
38 
fact.
61


1 
All statements of contributions and expenditures shall be kept and preserved
2 
at the office where they are filed and shall constitute part of the public records thereof
3 
for five years after the election to which they pertain. They shall not be removed
4 
therefrom except upon order of the Commission or of a competent court and shall,
5 
during regular office hours, be subject and open to inspection by the public. The officer
6 
in-charge thereof, shall, on demand, furnish certified copies of any statement upon
7 
payment of the reasonable fee prescribed by the Commission
8 
SEC. 122. Effect of Failure to File Statement - No person elected to any public
9 
office shall enter upon the duties of his or her office until he or she has filed the
10 
statement of contributions and expenditures herein required.
11 
The same prohibition shall apply if the political party, sectoral party, sectoral
12 
organization, or coalition of political parties which nominated the winning candidate
13 
fails to file the statement required herein within the period prescribed by this Article.
14 
Except candidates for elective barangay office, failure to file within the
15 
prescribed period the statements or reports in connection with electoral contributions
16 
and expenditures as required herein shall constitute an administrative offense for
17 
which the offenders shall be liable to pay an administrative fine ranging from ten
18 
thousand pesos (PhP10,000.00) to fifty thousand pesos (PhP50,000.00), in the
19 
discretion of the Commission.
20 
The fine shall be paid within thirty (30) days from receipt of notice of such
21 
failure; otherwise, it shall be enforceable by a writ of execution issued by the
22 
Commission against the properties of the offender.
23 
It shall be the duty of every city or municipal election officer to advise in writing,
24 
by personal delivery or registered mail, within five (5) days from the date of election
25 
all candidates residing in his jurisdiction and all political and sectoral parties, coalition
26 
of political parties, and sectoral organizations whose main headquarters is in his
27 
jurisdiction to comply with their obligation to file their statements of contributions and
28 
expenditures.
29 
For the commission of a second or subsequent offense under this section, the
30 
administrative fine shall be from twenty thousand pesos (PhP20,000.00) to one
31 
hundred thousand pesos (PhP100,000.00), In the discretion of the Commission. In
32 
addition, the offender, if he or she is natural person, shall be subject to perpetual
33 
disqualification to hold public office. In the case of political parties, sectoral parties,
34 
sectoral organizations, or coalition of political parties, their certificate of registration
35 
shall be revoked and they shall not no longer be eligible for subsequent registration.
36 
SEC. 123. Place for filing statements. - The statements of contributions and
37 
expenditures shall be filed with the following offices:
62


1 
(a) Those of candidates for President, Vice-President and Senators, as well as,
2 
national political parties, sectoral parties, sectoral organizations, and coalition
3 
of national political parties, with the Commission.
4 
(b) Those of candidates for Members of the House of Representatives in the
5 
National Capital Region, 
as well as, regional political parties with the 
entire
6 
National Capital Region as their constituency, with the Office of the Regional
7 
Director of the National Capital Region.
8 
(c) Regional political parties, with the office of the regional election director
9 
concerned.
10 
(d) Those of candidates for Members of the House of Representatives of legislative
11 
districts in the provinces and provincial offices, as well as, provincial political
12 
parties, with the provincial election supervisor concerned.
13 
(e) Those of candidates for city, municipal and barangay offices, as well as local
14 
political parties, with the election officer concerned.
15 
(f) Regional political parties with the entire Bangsamoro Autonomous Region in
16 
Muslim Mindanao as their constituency shall file their statements of
17 
contributions and expenditures with the Bangsamoro Electoral Office.
18 
(g) Unless otherwise provided for by regional law, candidates for Members of the
19 
House of Representatives of legislative districts within the Bangsamoro
20 
Autonomous Region in Muslim Mindanao and provincial offices therein, as well
21 
as, provincial political parties with constituencies within the Bangsamoro
22 
Autonomous Region in Muslim Mindanao, shall file their statements of
23 
contributions and expenditures with the provincial election supervisor
24 
concerned. Candidates for city, municipal and barangay offices, as well as local
25 
political parties, within the said region shall file with the election officer
26 
concerned.
27 
If the statement is sent by mail. It shall be by registered mail with an advance
28 
copy thereof sent through electronic mail to the office or official with whom the
29 
statement should be filed. The date on which it was registered with the post office
30 
shall be considered as the filing date thereof. The Commission shall ensure that all
31 
field offices shall have their respective official e-mail address and that the field officers
32 
shall inform the candidates, parties, organizations, and coalitions within their
33 
jurisdiction of such e-mail address. In the event that the election officer does not have
34 
an official e-mail address, the electronic mail required in this paragraph may be sent
35 
to the official e-mail address of the provincial election supervisor.
36 
The regional directors, provincial election supervisors, and election officers
37 
concerned shall, within fifteen days after the last day for the filing of the statements,
38 
send to the Commission duplicate copies of all statements filed with them.
63


1 
SEC. 124. Report of contractors and business firms. - Every person or firm to
2 
whom any electoral expenditure is made shall, within thirty (30) days after the day of
3 
the election, file with the Commission a report setting forth the full names and exact
4 
addresses of the candidates, treasurers of political or sectoral parties, organizations,
5 
or coalitions, and other persons incurring such expenditures, the nature or purpose of
6 
each expenditure, the date and costs thereof, and such other particulars as the
7 
Commission may require. The report shall be signed and sworn to by the supplier or
8 
contractor, or in case of a business firm or association, by its president or general
9 
manager.
10 
It shall be the duty of such person or firm to whom an electoral expenditure is
11 
made to require every agent of a candidate or of the treasurer of a political or sectoral
12 
party, organization, or coalition to present written authority to incur electoral
13 
expenditures in behalf of such candidate or treasurer, and to keep and preserve at its
14 
place of business, subject to inspection by the Commission or its authorized
15 
representatives, copies of such written authority, contracts, vouchers, invoices and
16 
other records and documents relative to said expenditures for a period of five (5)
17 
years after the date of the election to which they pertain.
18 
SEC. 125. The Campaign Finance Office - There shall be a Campaign Finance
19 
Office (CFO) within the Commission which shall be headed by a director who possesses
20 
proven competence in the field of law, accounting, and auditing: Provided, That, the
21 
director shall be aided by such number of lawyers, accountants, auditors, and
22 
investigators as may be necessary to carry out the mandate of the CFO.
23 
The CFO shall be tasked to enforce and administer all laws, rules, and
24 
regulations relative to campaign finance, contributions, and expenditures.
25 
SEC. 126. Random Audit of Contributions and Expenditures - The Commission
26 
shall establish the necessary procedure for the random audit of the campaign
27 
contributions and expenditures of candidates. It shall be the responsibility of the CFO
28 
to undertake such random audit: Provided, That the director of the CFO may deputize
29 
the office of the provincial election supervisor to conduct the random audit of the
30 
campaign contributions and expenditures of local, barangay, and Sangguniang
31 
Kabataan candidates: Provided further. That the Commission, through the CFO, shall
32 
provide the office of the provincial election supervisor with adequate technical support
33 
for the random audit including the detail or assignment thereto of auditors,
34 
accountants, and investigators in such number as may be necessary to complete the
35 
random audit within six (6) months after the day of the elections.
36 
The Commission shall likewise enlist the assistance of colleges, universities,
37 
accredited civic organizations, citizen's arms, and election watchdogs in the conduct
38 
of the random audit of the candidates' campaign contributions and expenditures.
39
64


CHAPTER IV
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, recall,
8 
and other similar electoral exercises by improving on the election process and adopting
9 
systems, which shall involve the use of a hybrid election system that will ensure the
10 
secrecy and sanctity of the ballot and all election, consolidation and transmission
11 
documents in order that the process shall be transparent and credible and that the
12 
results shall be fast, accurate, and reflective of the genuine will of the people. The
13 
hybrid election system shall be a combination of the automated election system and
14 
the manual election system to ensure transparency and credibility of the electoral
15 
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 above-
21 
stated policy, the Commission is hereby authorized to use a hybrid election system or
22 
systems in the same election in different provinces. The system shall be a combination
23 
of the automated election system and the manual counting system through a paper-
24 
based election system for the process of voting, counting of votes and
25 
canvassing/consolidation and transmittal of results of the electoral exercises:
26 
Provided, That the hybrid election 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 next
30 
scheduled electoral exercise, and deactivated six months after completion of
31 
canvassing.
65


1 
The Advisory Council shall be composed of the following members, who must
2 
be registered Filipino voters, of known independence, competence, and probity:
3 
(a) Secretary of the Department of Information and Communications Technology
4 
(DICT) who shall act as the chairperson of the council;
5 
(b) The respective chairpersons of the Senate Committee on Electoral Reforms and
6 
People's Participation and the House of Representatives Committee on Suffrage
7 
and Electoral Reforms who shall act as ex officio members;
8 
(c) One member for the Department of Science and Technology;
9 
(d) One member from the Department of Education;
10 
(e) One member representing the academe, to be selected by the chairperson of
11 
the Advisory Council from among the list of nominees submitted by the
12 
country's academic institutions;
13 
(f) Three members representing information and communications technology
14 
(ICT) professional organizations to be selected by the chair of the Advisory
15 
Council from among the list of nominees submitted by Philippines-based ICT
16 
professional organization. Nominees shall be individuals, at least one of whom
17 
shall be experience in managing or implementing large-scale information
18 
technology projects; and
19 
(g)Two members representing nongovernmental electoral reform organizations,
20 
to be selected by the chair of the Advisory Council from among the list of
21 
nominees submitted by the country's nongovernmental 
electoral reform
22 
organizations.
23 
Three observers, representing the accredited citizen's arm of the Commission,
24 
and the dominant majority and minority parties as determined by the Commission
25 
during the immediately preceding election, shall be invited during meetings of the
26 
Advisory Council. The observers shall be allowed to gather information: Provided, That
27 
they shall not disrupt or obstruct the proceedings of the Advisory Council or
28 
countermand its decisions.
29 
A person who is affiliated with any political party or candidate for any national
30 
position, or is related to a candidate for any national position by affinity or
31 
consanguinity within the fourth civil degree, shall not be eligible for appointment or
32 
designation to the Advisory Council. Should any such situation arise at any time during
33 
the incumbency of a member, the designation or appointment of that member, shall
34 
ipso facto be terminated.
35 
Any member of the advisory council is prohibited from engaging, directly or
36 
indirectly, with any entity that advocates, markets, imports, produces or in any manner
37 
handles software, hardware or any equipment that may be used for election purposes
38 
for personal gain.
66


1 
Any violation of the two immediately preceding paragraphs shall disqualify said
2 
member from the Advisory Council and shall be punishable as provided in this Act and
3 
shall be penalized in accordance with the Anti-Graft and Corrupt Practices Act and
4 
other related laws.
5 
The council may avail itself of the expertise and services of resource persons
6 
who are known independence, competence and probity, are nonpartisan, and do not
7 
possess any of the disqualifications applicable to a member of the Advisory Council as
8 
provided herein. The resource persons shall also be subject to the same prohibitions
9 
and penalties as the members of the Advisory Council.
10 
The DICT shall include in its annual appropriation the funds necessary to enable
11 
the Council to effectively perform its functions.
12 
SEC. 131. Functions of the Advisory Councii. - the Council shall have the
13 
following functions:
14 
(a) Recommend the most appropriate, secure, applicable and cost-effective
15 
technology to be applied in the automated election system component, in whole
16 
or in part, at that specific form in time.
17 
(b) Participate as non-voting members of the Bids and Awards Committee in the
18 
conduct of the bidding process for the automated election system component.
19 
Members of the Advisory Council representing the ICT Professionals
20 
organizations are hereby excluded from participating in any manner in the Bids
21 
and Awards Committee.
22 
(c) Participate as non-voting members of the steering committee tasked with the
23 
implementation of the hybrid election system. Members of the Advisory Council
24 
representing the ICT professional organization are hereby excluded from
25 
participating in any manner in the steering committee.
26 
(d) Provide advice and assistance in the review of the systems planning, inception,
27 
development, testing, operationalization, and evaluation stages.
28 
(e) Provided advice and/or assistance in the identification, assessment and
29 
resolution of systems problems or inadequacies as may surface or resurface in
30 
the course of the bidding, acquisition, testing, operationalization, re-use,
31 
storage or disposition of the equipment and/or resources, as the case may be,
32 
to be used in the automated election component of the election system.
33 
(f) Provided advice and/or assistance in the risk management of the automated
34 
election system especially when a contingency or disaster situation arises.
35 
(g) Prepare and submit a written report, which shall be submitted within six months
36 
from the date of the election to the oversight committee, evaluating the use of
37 
the hybrid election system.
67


1 
Nothing in the role of the Council or any outside intervention or influence shall
2 
be construed as an abdication or diminution of the Commission's authority and
3 
responsibility for the effective development, management and implementation of the
4 
hybrid election system and this Code.
5 
The Advisory Council shall be entitled to a just and reasonable amount of per
6 
diem allowances and/or honoraria to cover the expenses of the services rendered
7 
chargeable against the budget of the Commission.
8 
SEC. 132. The Technical Evaluation Committee. - The Commission, in
9 
collaboration with the chairperson of the Advisory Council, shall establish an
10 
independent technical evaluation committee, composed of a representative each from
11 
the Commission, the Department of Science and Technology, and the Department on
12 
Information and Communications Technology who shall act as chairperson of the
13 
Committee.
14 
The Technical Evaluation Committee shall be immediately convened within
15 
thirty (30) days after the effectively of this Code.
16 
SEC. 133. Functions of the Technical Evaluation Committee. - The Committee
17 
shall certify, through an established international certification entity to be chosen by
18 
the Commission from the recommendations of the Advisory Council, not later than
19 
three months before the date of the electoral exercises, categorically stating that the
20 
automated election system component of the hybrid election system, including its
21 
hardware and software components, is operating properly, securely, and accurately,
22 
in accordance with the provisions of this Act based, among others, on the following
23 
documented results:
24 
(a) The successful conduct of a field-testing process followed by a mock election
25 
event in one or more cities/municipalities;
26 
(b)The successful completion of audit on the accuracy, functionally and security
27 
controls of the automated election software;
28 
(c) The successful completion of a source code review;
29 
(d)A certification that the source code is kept in escrow with the Bangko Sentral
30 
ng Pilipinas;
31 
(e) A certification that the source code reviewed is one and the same as that used
32 
by the equipment; and
33 
(f) The development, provisioning, and operationalization of a continuity plan to
34 
cover risks to the automated election system at all points in the process such
35 
that a failure of elections, whether at voting, counting or consolidation, may be
36 
avoided.
37 
The Technical Evaluation Committee may avail itself of the expertise and service
38 
of resource persons who are of known independence, competence and probity, are
68


1 
not partisan, and who do not possess any of the disqualification applicable to a
2 
member of the Advisory Council as provided herein. The resource persons shall also
3 
be subject to the same prohibitions and penalties as the members of the Advisory
4 
Council.
5 
The Technical Evaluation Committee shall closely coordinate with the steering
6 
committee of the Commission tasked with the implementation of the hybrid election
7 
system in the identification and agreement of the project deliverables and timelines,
8 
and in the formulation of the acceptance criteria for each deliverable.
9 
SEC. 134. Minimum System Capabiiities. - The automated election system
10 
component of the hybrid election system must at least have the following functional
11 
capabilities:
12 
(a) Adequate security against unauthorized access:
13 
(b) Accuracy in recording and reading of votes as well as in the tabulation,
14 
consolidation/canvassing, electronic transmission, and storage of results;
15 
(c) Error recovery in case of non-catastrophic failure of device;
16 
(d) System integrity which ensures physical stability and functioning of the vote
17 
recording and counting process;
18 
(e) Provision for voter verified paper audit trail;
19 
(f) System auditability which provides supporting documentation for verifying the
20 
correctness of reported election results;
21 
(g) An election management system for preparing ballots and programs for use in
22 
the casting and counting of votes and to consolidate, report and display election
23 
result in the shortest time possible;
24 
(h) Accessibility to illiterates and disable voters;
25 
(i) Vote tabulating program for election, referendum or plebiscite;
26 
(j) Accurate ballot counters;
27 
(k) Data retention provision;
28 
(I) Provide for the safekeeping, storing and archiving of physical or paper resource
29 
used in the election process;
30 
(m) Utilize or generate official ballots as herein defined;
31 
(n) Provide the voter a system of verification to find out whether or not the
32 
machine has registered his choice;
33 
(o) Configure access control for sensitive system data and function; and
34 
(p) Capable of producing a perfect correlation between the ballot count and the
35 
votes reflected in the voter verified paper audit trail.
69


1 
In the procurennent of this system, the Commission shall develop and adopt an
2 
evaluation system to ascertain that the above minimum system capabilities are met.
3 
This evaluation system shall be developed with the assistance of an advisory council.
4 
SEC. 135. Communication Channeis for Eiectronic Transmissions. - All
5 
electronic transmissions by and among the automated election system and its related
6 
components shall utilizes secure communication channels as recommended by the
7 
Advisory Council, to ensure authentication and integrity of transmission.
8 
SEC. 136. Procurement of Equipment and Materiais. - To achieve the purpose
9 
of this Code, the Commission in authorized to procure, in accordance with existing
10 
laws, by purchase, lease, rent or other forms of acquisition, supplies, equipment,
11 
materials, software, facilities, and other service, from local or foreign sources free
12 
from taxes and import duties, subject to accounting and auditing rules and regulation.
13 
With respect to the May 2025 elections and succeeding electoral exercises, the system
14 
procured must have demonstrated capability and been successfully used in a prior
15 
electoral exercise here or board. Participation in pilot exercises shall not be conclusive
16 
of the fitness of the system.
17 
In determining the amount of any bid from a technology, software or equipment
18 
supplier, the cost to the government of its deployment and implementation shall be
19 
added to the bid price as integral thereto. The value of any alternative use to which
20 
such technology, software or equipment can be put for public use shall not be
21 
deducted from the original face value of the said bid.
22 
Notwithstanding the requirement under Section 23.4.1.3 of the implementing
23 
rules and regulations of Republic Act No. 9184, for the sole purpose of procuring
24 
supplies, equipment, materials, software, facilities, and other automated elections
25 
services, under this Code, the prospective bidder must have either completed within
26 
the period specified in the Invitation to bid, a single largest completed contract that is
27 
similar to the contract to be bid, and whose value, adjusted to current prices using
28 
the Philippine Statistics Authority Consumer Price Indices, must at least be fifty percent
29 
(50%) of the approved budget of contract or with proven financial, technical, and
30 
organizational capacity to conduct such exercise so as to ensure that the bidding and
31 
procurement shall not unreasonably limit competition and inequitably bar participation
32 
of capable suppliers, manufacturers, distributors, and service providers.
33 
SEC. 137. Continuity Rian. - The automated election system component shall
34 
be so designed to include a continuity plan in case of a systems breakdown or any
35 
such eventuality which shall result in the delay, obstruction or nonperformance of the
36 
electoral process. Activation of such continuity and contingency measures shall be
37 
undertaken in the presence of representatives of political parties and citizen's arm of
38 
the Commission who shall be notified by the election officer of such activation.
70


1 
All duly registered political parties and party-list groups shall be furnished
2 
copies of said continuity plan at their official addresses as submitted to the
3 
Commission. The list shall be published in at least two newspapers of national of
4 
circulation and shall be posted at the website of the Commission at least fifteen (15)
5 
days prior to the electoral activity concerned.
6 
SEC. 138. Examination and Testing of Equipment or Device of the AES and 
1 Opening of the Source Code for Review. - The Commission shall allow the political
8 
parties and candidates or their representatives, citizens' arm or their representatives
9 
to examine and test the equipment or device to be used in the voting and counting
10 
on the day of the electoral exercise, before voting start. Test ballots and test forms
11 
shall be provided by the Commission.
12 
Immediately after the examination and testing of the equipment or device,
13 
parties and candidates or their representatives, citizen's arms or their representatives,
14 
may submit a written comment to the election officer who shall immediately transmit
15 
it to the Commission for appropriate action.
16 
The election officer shall keep minutes of the testing, a copy of which shall be
17 
submitted to the Commission together with the minute of voting.
18 
Once an automated election system technology is selected for implementation,
19 
the Commission shall promptly make the source code of that technology available and
20 
open to any interested political party or groups which may conduct their own review
21 
thereof.
22 
SEC. 139. Stakehoider education and training. - The Commission shall, not
23 
later than six months before the hybrid elections, undertake a widespread stakeholder
24 
education and training program, through newspaper of general circulation, radio,
25 
television and other media forms, as well as through seminars, symposia, fora and
26 
other nontraditional means, to educate the public and fully inform the electorate about
27 
the new system and inculcate values on honest, peaceful, orderly and informed
28 
elections.
29 
Such program shall ensure the acceptance and readiness of the following
30 
stakeholders to understand and appreciate the benefits of the Hybrid Election System:
31 
(1) General public/voters;
32 
(2) Commission's staff;
33 
(3) Department of Education, Department of Finance (municipal, city and provincial
34 
treasurers) and all other government agencies who will play a role in the
35 
electoral exercise;
36 
(4) Local government officials (provincial, municipal, 
barangay levels);
37 
(5) Incumbent elected officials in the legislative and executive departments;
71


1 
(6) Political parties and candidates;
2 
(7) Members of the military and police.
3 
The general public or voters training will focus on building the capability to use
4 
the hybrid election system to cast their vote, as well as general appreciation of such
5 
system. All other stakeholders mentioned above will receive additional information in
6 
order to build a deeper understanding of the voting, counting, canvassing procedures,
7 
so that they may act as advocates of the hybrid election system.
8 
SEC. 140. Joint Congressional Oversight Committee. - An Oversight Committee
9 
is hereby created composed of seven members each from the Senate and the House
10 
of Representatives, four of whom shall come from the majority and three from the
11 
minority, to monitor and evaluate the implementation of this hybrid election system.
12 
A written report to the Senate and the House of Representatives shall be submitted
13 
by the Advisory Council within six months from the date of election. The oversight
14 
committee shall conduct a mandatory review of the hybrid election system every
15 
twelve (12) months from the date of the last regular national or local elections.
16
17 
Article 12
18 
Elections of National and Local Officials
19 
SEC. 141. Regular election for President and Vice-President - The next regular
20 
election for President and Vice-President of the Philippines shall be held on the second
21 
Monday of May 2028 and on the same day every six years thereafter. The President-
22 
elect and the Vice-President-elect shall assume office at twelve o'clock noon on the
23 
thirtieth day of June next following the election and shall end at noon of the same
24 
date, six years thereafter when the term of his or her successor shall begin.
25 
SEC. 142. Regular election of Members of the Senate. - The next regular
26 
election of the Members of the Senate whose present term of office shall end on June
27 
30, 2025 shall be on the second Monday of May 2025 and on the same day every six
28 
years thereafter. The next regular election of the Members of the Senate whose
29 
present term of office shall end on June 30, 2028 shall be on the second Monday of
30 
May 2028 and on the same day every six years thereafter.
31 
SEC. 143. Regular election of the Members of the House of Representatives. -
32 
The next regular election for the Members of the House of Representatives
33 
representing the various legislative districts of the Philippines and the Members of the
34 
House of Representatives voted through the party-list system shall be held on the
35 
second Monday of May 2025 and on the same day every three years thereafter.
36 
SEC. 144. Manner of Voting for Members of Senate. - Candidates for Senator
37 
shall be voted at large by registered voters both within and without the Philippines.
72


1 
The candidates corresponding to the number of Senators to be elected who receive
2 
the highest number of votes shall be declared elected.
3 
SEC. 145. Manner of Voting for the Members of the House of Representatives.
4 
-Every voter shall be entitled to three (3) votes: the first is a vote for a candidate for
5 
Member of the House of Representatives in his or her legislative district; the second,
6 
a vote for the political party or coalition he or she wants represented in the House of
7 
Representatives; and the third, a vote for the sectoral party or organization he or she
8 
wants represented in the House of Representatives: Provided, that a vote cast for a
9 
party, sectoral organization, or coalition not entitled to be voted for shall not be
10 
counted.
11 
The Commission shall undertake the necessary information campaign for
12 
purposes of educating the electorate on the matter of the party-list system.
13 
SEC. 146. Composition and Apportionment of the Members of the House of
14 
Representatives. - The apportionment of district representatives prior to the effectivity
15 
of this Code shall be retained: Provided, That any province that may hereafter be
16 
created or any component city that may hereafter be declared by or pursuant to law
17 
as a highly urbanized city shall be entitled in the immediately following election to at
18 
least one Member or such number of Members as It may be entitled to on the basis
19 
of the number of the inhabitants and on the same uniform and progressive ratio used
20 
in the last preceding apportionment: Provided further, That the number of Members
21 
apportioned to the province out of which the new province was created or where the
22 
new highly urbanized city is geographically located shall be correspondingly adjusted
23 
by the Commission, but such adjustment shall not be made within one hundred twenty
24 
days before the election: Provided finaiiy, That the corresponding adjustments shall
25 
be made to the number of party-list representatives which shall constitute twenty per
26 
centum (20%) of the total number of the members of the House of Representatives
27 
including those under the party-list.
28 
The classification of groups under the party-list system, as well as the allocation
29 
of the seats therefor, shall be in accordance with Article 6 of this Code.
30 
SEC. 147. Reguiar elections of iocai officials. - Except as otherwise provided
31 
in this Code, the election of regional, provincial, city, and municipal officials shall be
32 
held throughout the Philippines in the manner herein prescribed on the second
33 
Monday of May 2025 and on the same day every three years thereafter.
34 
The elective members of the Sangguniang Panlalawigan, Sangguniang
35 
Panlungsod, and Sangguniang Bayan shall be elected as follows:
36 
(a) For provinces with two (2) or more legislative districts, the elective members
37 
of the Sangguniang Panlalawigan shall be elected by legislative districts. For
38 
this purpose, the number of seats shall be apportioned equitably: Provided,
39 
That if equal division is not possible, the remaining member or members shall
73


1 
be elected in the district or districts with the greater number of population or,
2 
if they be the same, with the greater number of voters: Provided further, That
3 
if a legislative district includes a city that does not vote in the election of
4 
provincial officials, the Commission shall allocate the number of seats among
5 
the districts in proportion to the population of the constituencies voting for the
6 
Sangguniang Panlalawigan;
7 
(b) For provinces with only one (1) legislative district, the Commission shall divide
8 
them into two (2) districts for purposes of electing the members of the
9 
Sangguniang Panlalawigan, as nearly as practicable according to the number
10 
of inhabitants, each district comprising a compact, contiguous and adjacent
11 
territory, and the number of seats of elective members of their respective
12 
sanggunian shall be equitably apportioned between the districts in accordance
13 
with the immediately preceding paragraph; and
14 
(c) The composition, number, and election of elective members of the
15 
Sangguniang Panlungsod and Sangguniang Bayan of the various cities and
16 
municipalities already existing prior to the effectivity of this Code shall remain
17 
operative. For every new city or municipality henceforth established, the
18 
members of the Sangguniang Panlungsod or Sangguniang Bayan thereof shall
19 
be elected at large by the registered voters of the city or municipality concerned
20 
unless otherwise provided for by a special law.
21
22 
Article 13
23 
Polling Places
24 
SEC. 148. Polling place. - A polling place is the place where the Electoral Board
25 
conducts its proceedings and where the voters shall cast their votes.
26 
A voting center refers to the building or place where the polling place is located.
27 
SEC. 149. Designation of polling places. - The location of polling places
28 
designated in the preceding regular election shall continue with such changes as the
29 
Commission may find necessary, after notice to registered political parties and
30 
candidates in the political unit affected and hearing: Provided, That no location shall
31 
be changed within forty-five days before a regular election and thirty days before a
32 
special election or a referendum or plebiscite, except in case it is destroyed or it cannot
33 
be used.
34 
SEC. 150. Requirements for polling places. - Each polling place shall be, as far
35 
as practicable, a ground floor, and shall be of sufficient size to admit and comfortably
36 
accommodate forty voters at one time outside the guard rail for the electoral board.
37 
The polling place shall be located within the territory of the precinct and as centrally
38 
as possible with respect to the residence of the voters therein. Whenever possible,
39 
such location shall be along a public road. No designation of polling places shall be
74


1 
changed except upon written petition of the majority of the voters of the precinct or
2 
agreement of all the political parties or by resolution of the Commission upon prior
3 
notice and hearing.
4 
A public building having the requirements prescribed in the preceding
5 
paragraph shall be preferred as polling place.
6 
SEC. 151. Building that shall not be used as polling places. - No polling place
7 
shall be located in a public or private building owned, leased, or occupied by any
8 
candidate or of any person who is related to any candidate within the fourth civil
9 
degree of consanguinity or affinity, or any officer of the government or leader of any
10 
political party, sectoral party, sectoral organization, group or faction, nor in any
11 
building or surrounding premises under the actual control of a private entity, political
12 
party, sectoral party, sectoral organization, or religious organization. In places where
13 
no suitable public building is available, private school buildings may be used as polling
14 
places. No polling place shall be located within the perimeter of or inside a military or
15 
police camp or reservation or within a prison compound.
16 
Any registered voter, candidate, registered political party, sectoral party, or
17 
sectoral organization may petition the Commission not later than thirty days before
18 
the start of the election period for the transfer of the polling place from the prohibited
19 
buildings provided herein. Such petition shall be heard and decided by the Commission
20 
within twenty days from the filing of the petition. Failure to effect the transfer of the
21 
polling place after the Commission found it to be located in violation of this section
22 
within the period prescribed herein shall be a ground for the postponement of the
23 
election in the polling place concerned.
24 
SEC. 152. Signs and flags of polling places. - On the day of the voting as well
25 
as on any day that the electoral board might meet, every polling place shall have in
26 
front a sign showing the number of the precinct to which It belongs and the Philippine
27 
flag shall be hoisted at the proper height.
28 
SEC. 153. Arrangement and contents of polling places. - Each polling place
29 
shall conform as much as possible to the layout prescribed by the Commission, taking
30 
into account the requirements under this Article.
31 
SEC. 154. Polling places for Persons with Disabilities and Senior Citizens. - In
32 
every voting center, the Commission shall designate and establish accessible polling
33 
places, as defined in Section 5 of this Code, for the exclusive use of PWDs, senior
34 
citizens, and pregnant women in such number as may be sufficient to ensure an
35 
expedient, safe, and comfortable voting process. No prior manifestation shall be
36 
required in order that the persons mentioned herein may avail of their right to vote in
37 
accessible polling places.
38
39 
SEC. 155. Emergency Accessible Polling Places. - During election day, the Commission
40 
shall designate rooms or makeshift or temporary polling places at residences for senior
75


1 
citizens, jails, prison facilities or detention centers, quarantine facilities, hospital
2 
facilities, areas with a substantial number of IDPs, remote areas, and in such other
3 
places as may be necessary to ensure an efficient and expeditious voting process for
4 
senior citizens, PWDs, pregnant women, IDPs, PDLs, IPs, hospitalized or quarantined
5 
persons, healthcare workers on duty, and qualified repatriated overseas voters.
6
7 
The Commission shall ensure that, as far as practicable, and insofar as may be
8 
necessary, the Emergency Accessible Polling Places (EAPP) shall have the same
9 
features and shall offer the same assistive services as those found in Accessible Polling
10 
Places and that the voting procedure in the EAPPs, including the facilities and
11 
materials, is adequate, appropriate, accessible, and easy to understand and use, and
12 
that reasonable accommodation shall be granted to the persons mentioned in the
13 
preceding paragraph so that they may fully exercise their right of suffrage.
14
15 
SEC. 156. Duty of the Commission to ensure secrecy. - The Commission shall
16 
prescribe the specifications and layout of the polling places to ensure that adequate
17 
measures are in place to enable the voters to fill out their ballots secretly and that the
18 
secrecy of the ballot is preserved. Such measures shall include the use of voting booths
19 
in such number, size, specifications, and materials as the Commission may prescribe.
20 
SEC. 157. Guard rails. -
21 
(a) In every polling place there shall be a guard rail between the area where the
22 
voters shall fill out their ballots and the table for the electoral board which shall
23 
have a separate entrance and exit. The polling place shall be laid out in such a
24 
manner that voting booths can be accessible only by passing through the guard
25 
rail and by entering through its open side facing the table of the electoral board.
26 
(b) There shall also be a guard rail for the watchers between the place reserved
27 
for them and the table for the electoral board and at such a distance from the
28 
latter that the watchers may see and read clearly during the counting of the
29 
contents of the ballots and see and count the votes recorded by the electoral
30 
board member on the corresponding tally sheets.
31 
(c) There shall also be, if possible, guard rails separating the table of the electoral
32 
board from the voters waiting for their turn to cast their votes, with entrance
33 
and exit to give them orderly access to the table and the booths during the
34 
voting.
35 
(d) The polling place shall be so arranged that the booths, the table for the electoral
36 
board, the ballot boxes, and the whole polling place, except what is being
37 
written within the booths, shall be in plain view of the electoral board, the
38 
watchers, and other persons who may be within the polling place.
39 
(e) The Commission is hereby authorized to make the necessary adjustments to
40 
the guidelines set forth in this Section for polling places designated exclusively
41 
for persons with disabilities and senior citizens, as well as for emergency
76


1 
accessible polling places, to the end that the safety and comfort of the voters
2 
therein are enhanced, that they are able to fill out their ballots secretly, and
3 
that the secrecy of the ballots is preserved.
4 
SEC. 158. Ballot boxes. - There shall be in each polling place on the day of the
5 
voting a ballot box with such safety features that the Commission may prescribe and
6 
of such size as to accommodate the official ballots.
7 
SEC. 159. Tally boards. - At the beginning of the counting, there shall be
8 
placed within the plain view of the electoral board, watchers, and the public, a tally
9 
board where the names of all the registered candidates or the issues or questions to
10 
be voted upon shall be written. During the manual counting of votes, the poll clerk
11 
shall record thereon the votes received by each of the candidate or question to be
12 
voted on as the chairman of the electoral board reads the ballot.
13 
SEC. 160. Furnishing of ballot boxes, forms, stationeries and materials for
14 
election. - The Commission shall prepare and furnish the ballot boxes, forms,
15 
stationeries and materials necessary for the registration of voters and the holding of
16 
the election.
17 
The provincial, city and municipal treasurer shall have custody of such election
18 
paraphernalia, supplies and materials as are entrusted to him under the law or rules
19 
of the Commission and shall be responsible for their preservation and storage, and for
20 
any loss, destruction, impairment or damage of any election equipment, material or
21 
document in their possession furnished under this Code.
22 
SEC. 161. Inspection of polling places. - Before the day of the election,
23 
referendum or plebiscite, the Chairman of the Commission shall, through its authorized
24 
representatives, see to it that all polling places are inspected and such omissions and
25 
defects as may be found corrected. The Commission shall keep the reports on these
26 
inspections.
27 
SEC. 162. Polling places for Persons Deprived of Liberty. - The Commission
28 
shall establish special polling places in an area inside the jail facility or detention center
29 
with sufficient space to accommodate at least ten (10) voters at a given time. The
30 
physical set-up of such special polling places shall be similar to regular polling places,
31 
except for the necessary modifications which the Commission, in coordination with the
32 
management of the jail facility or detention center, shall institute in the interest of
33 
safety and order.
34 
Article 14
35 
The Electoral Board
36 
SEC. 163. Composition and appointment of the electoral board. - At least
37 
fifteen days before the start of the campaign period for national candidates, the
38 
Commission shall, directly or through its duly authorized representatives, constitute
39 
an electoral board for each clustered precinct to be composed of a chairman, a poll
77


1 
clerk, and a third member. In all cases, the Commission shall ensure that at least one
2 
(1) member of the electoral board is an information-technology capable person trained
3 
for the purpose and certified as such by the Department of Science and Technology.
4 
As far as practicable, women electoral board members may not be assigned in areas
5 
with security concerns, far-flung barangays, or areas likely to cause gender-based
6 
violence or harm.
7 
SEC. 164. Oath of the members of the electoral board. - The members of the
8 
electoral board shall, before assuming their office, take and sign an oath upon forms
9 
prepared by the Commission, before an officer authorized to administer oaths or, in
10 
his absence, before any other member of the electoral board present, or in case no
11 
one is present, they shall take it before any voter. The oaths shall be sent immediately
12 
to the city or municipal treasurer.
13 
SEC. 165. Qualifications of members of the electoral board. - No person shall
14 
be appointed chairperson or member of the electoral board, whether regular,
15 
temporary, or as a substitute, unless he or she is:
16 
(a) A registered voter in the city of municipality;
17 
(b) Of good moral character and irreproachable reputation;
18 
(c) Has never been convicted of any election offense or of any crime punishable
19 
by more than six (6) months of imprisonment and has no pending case in court
20 
for any election offense; and
21 
(d) Able to speak and write Filipino, English, or the local dialect.
22 
SEC. 166. Disqualification. - No person shall serve as chairperson or member
23 
of the electoral board if he or she is related within the fourth civil degree of
24 
consanguinity or affinity to any other member of the same electoral board or to any
25 
candidate to be voted for in the polling place or any nominee of a party-list group or
26 
such candidate's or nominee's spouse.
27 
SEC. 167. Posting of the List of Members of the Board; Opposition. - A day
28 
after the constitution of the electoral board, the list of the constituted members and
29 
substitutes shall be posted for five (5) days on the bulletin boards in the office of the
30 
election officer and in the city or municipal hall.
31 
Within three (3) days from the posting of the list of appointed members of the
32 
electoral board or the posting of the final list of candidates, whichever comes later,
33 
any interested party may file a written opposition under oath against any appointed
34 
or substitute member of the electoral board at the office of the election officer. Within
35 
seven (7) days from receipt of the opposition, the election officer shall resolve the
36 
opposition in writing. The Commission shall prescribe the procedure which the election
37 
officer shall observe in these cases
78


1 
SEC. 168. Right of Preference of Public School Teachers; Order of Preference.
2 
-
3 
(A) In the appointment of the members of the electoral boards, the Commission shall
4 
give preference to public school teachers who are qualified, willing, and available
5 
to render election service. For this purpose, the highest official of the Department
6 
of Education or Ministry of Basic, Higher, and Technicai Education of the
7 
Bangsamoro Autonomous Region in Muslim Mindanao, as the case may be, in the
8 
district, city, or municipality shall submit to the election officer a certified list of
9 
public school teachers who are qualified, wiiling, and available to render election-
10 
related service within five (5) days upon request, based on the project of precincts.
11 
Those with permanent appointments and those who served in previous elections
12 
shall be given preference.
13 
(B) In case there are not enough public-school teachers who are qualified, willing,
14 
and available to serve as members of the electoral board based on the certified
15 
list mentioned in the preceding section, the Commission shall appoint the foliowing
16 
persons who shall likewise be qualified, willing, and avaiiable to render election
17 
related service, in the following order:
18 
(1) Private school teachers, giving preference to those employed in private
19 
schools being utilized as voting centers, those who are teaching in high
20 
school or college level and are holding regular positions, or those who have
21 
previously served as member of the electoral board.
22 
(2) National government employees except personnel of the Department of
23 
National Defense, any of its attached agencies, and personnel of the
24 
Philippine National Police, except in cases provided for under Section 173 of
25 
this Code.
26 
(3) Members of citizens' arms of Civil Society Organizations and Non-
27 
government Organizations duly accredited by the Commission; and
28 
(4) A registered voter of the city or municipality subject to additional
29 
qualifications and disqualifications as the Commission may prescribe.
30 
The highest ranking officials of the private schools, the highest official ranking
31 
officials of national government agencies, and the highest officer of the local chapter
32 
of the Commission-accredited citizens' arms and non-government organizations in the
33 
district, city, or municipality concerned, shail, within five (5) days from service of a
34 
written request, submit to the election officer a certified list of their respective
35 
personnel who are qualified, willing, and available to render election-related service.
36 
The Commission shall provide, free of charge, an application form, which shall
37 
be available In the office of the election officer, for any registered voter who intends
38 
to be appointed as a member of the election registration board. The Commission shall
39 
likewise set the deadline for the filing of such application form.
79


1 
SEC. 169. Powers and functions of the electoral board. - The electoral board
2 
shall have the following powers and functions:
3 
(a) Conduct the voting and counting of votes in their respective polling places;
4 
(b) Act as deputies of the Commission in the supervision and controi of the election
5 
in the polling places wherein they are assigned, to assure the holding of the
6 
same in a free, orderiy and honest manner; and
7 
(c) Perform such other functions prescribed by this Code or by the rules and
8 
regulations promulgated by the Commission.
9 
SEC. 170. Voting privilege of members of the electoral board. - Members of
10 
the electoral board may vote in the polling place where they are assigned on election
11 
day: Provided, That they are registered voters of the same legislative/councilor district
12 
and the same city or municipality where they are assigned. In such case, said member
13 
or members of the eiectoral board shall write their names and precinct numbers in the
14 
certified list of voters and note such fact in the minutes.
15 
Any member of the electoral board who is a registered voter of another
16 
iegislative/councilor district within the same city or municipality may vote in the poiling
17 
place where he or she is actually registered provided that:
18 
(a) The voting in the place of assignment is light;
19 
(b) His or her absence shall not be for more than thirty (30) minutes;
20 
(c) He or she must be given priority in voting; and
21 
(d)The fact that he or she exercised the voting privilege shall be noted in the
22 
Minutes.
23 
In the alternative, the members of the electoral board may avail of other modes
24 
of voting whenever permitted under the Code.
25 
SEC. 171. Permanent vacancy in the electoral board. - If a constituted member
26 
of the electoral board dies, becomes incapacitated to perform his or her duties, or is
27 
disqualified from serving as such, the eiection officer shall replace such member from
28 
the list of substitutes for the clustered precinct concerned. The member who fills a
29 
permanent vacancy shall be entitled to the full rights, priviieges, honoraria,
30 
allowances, and other benefits as the member whom he or she substituted for.
31 
SEC. 172. Temporary vacancy in the electoral board. - If, at the time of the
32 
meeting of the electorai board, any member is absent or a position in the electorai
33 
board is still vacant, the members present shall call upon the substitute of the absent
34 
member to perform the duties of the iatter. In case such substitute cannot be found,
35 
the members present shail appoint any quaiified non-partisan registered voter of the
36 
polling place to temporarily fill in the vacancy until the absent member appears or the
37 
vacancy is filled. In such case, the honoraria and allowances appertaining to the
80


1 
absent member or the vacant position shall be pro-rated between the person who
2 
filled in the temporary vacancy and the substitute or original member of the electoral
3 
board, as the case may be. In no case shall the person filling in the temporary vacancy
4 
receive less than one half of the honoraria and allowances of the absent member or
5 
the vacant position. Such person shall likewise have the full rights, privileges, and
6 
other benefits appertaining to the absent member or vacant position.
7 
The filling in of the temporary vacancy shall not relieve the absent member and
8 
those who caused his or her absence from administrative and criminal liability.
9 
SEC. 173. Deputation of Members of the Philippine National Police (PNP). -
10 
Uniformed personnel of the PNP who have undergone the necessary trainings and
11 
have secured the certification from the Department of Science and Technology
12 
mentioned in Section 163 may be deputized as a member of the electoral board, if the
13 
following circumstances are present:
14 
(a) The peace and order situation in the area requires as determined by the
15 
Commission; and
16 
(b) There are no other qualified, willing, and available persons to render election
17 
service in the affected area based on the certification mentioned in Section 168
18 
(B).
19 
Where designated electoral boards fail to report on Election Day or retrieve the
20 
election documents from the City/Municipal Treasurer's Office/Office of the Election
21 
Officer due to peace and order situation, the Election Officer may designate Philippine
22 
National Police personnel as substitute electoral board.
23 
SEC. 174. Relief of the members of the electoral board. -The members of the
24 
electoral board shall not be relieved unless disqualified as provided in this Code.
25 
SEC. 175. Proceedings of the electoral board. - The meetings of the electoral
26 
board shall be public and shall be held only in the polling place or such other place as
27 
authorized by the Commission.
28 
The electoral board shall have full authority to maintain order within the polling
29 
place and its premises, to keep access thereto open and unobstructed, and to enforce
30 
obedience to its lawful orders. If any person shall refuse to obey lawful orders of the
31 
electoral board, or shall conduct himself or herself in a disorderly manner in its
32 
presence or within its hearing and thereby interrupt or disturb its proceedings, the
33 
electoral board may issue an order in writing directing any peace officer to remove
34 
such person from the place where the electoral board is meeting until the adjournment
35 
of the meeting, but such order shail not be executed as to prevent any person so
36 
taken into custody from exercising his or her right to vote. Such order shall be
37 
executed by any peace officer to whom it may be delivered, but if none be present,
38 
by any other person deputized by the electoral board in writing.
81


1 
SEC. 176. Prohibition of poiiticaiactivity. - No member of the board of electoral
2 
board shall engage in any partisan poiiticai activity or take part in the election except
3 
to discharge his duties as such and to vote.
4 
SEC. 177. Functioning of the eiectorai board. - The electoral board shall act
5 
through its chairman, and shall decide without delay by majority vote all questions
6 
which may arise in the performance of its duties.
7 
SEC. 178. Support Staff of the Eiectorai Board. - The Commission may
8 
authorize the appointment of support staff to assist the electoral board in the
9 
performance of its duties in such number as may be reasonable and necessary. The
10 
Commission shall determine the compensation and allowances of such personnel:
11 
Provided, That such compensation and allowances shall be just and reasonable under
12 
the circumstances.
13
14 
Article 15
15 
Watchers
16 
SEC. 179. Officiai watchers of candidates, poiiticai parties and other groups. -
17 
Each candidate, duly registered political party or coalition of political parties, party-list
18 
group, and duly accredited citizens' arm, may appoint in every polling place two (2)
19 
watchers who shall serve alternately. However, candidates for Senator, Member of the
20 
Sangguniang Panlalawigan, Sangguniang Panlungsod, and Sangguniang Bayan
21 
belonging to the same party or coalition, shall collectively be entitled to one (1)
22 
watcher only.
23 
Other civic, religious, professional, business, service, youth, and any similar
24 
organizations, with prior authority of the Commission, shall be collectively entitled to
25 
appoint one (1) watcher in every polling place.
26 
If the space in a polling place reserved for watchers is insufficient, preference
27 
shall be given to the watchers of the dominant majority and dominant minority parties,
28 
as determined by the Commission. Watchers of the citizens' arm shall be given
29 
preferential position closest to the Electoral Board.
30 
SEC. 180. Quaiifications of watchers. - No person shall be appointed as
31 
watcher unless said person:
32 
(a) Is a registered voter of the city or municipality where such person is assigned;
33 
(b) Is of good moral character;
34 
(c) Has not been convicted by final judgment of any election offense or of any
35 
other offense;
36 
(d) Knows how to read and write Filipino, English or the prevailing local dialect;
37 
and
82


1 
(e) Is not related within the fourth civil degree of consanguinity or affinity to the
2 
chairperson or any other member of the electoral board in the polling place
3 
where such person seeks appointment as a watcher.
4 
SEC. 181. Rights and duties of watchers. - Upon entering the polling place,
5 
the watchers shall present and deliver to the chairperson of the electoral board their
6 
appointment and proof that they are registered voters of the city or municipality
7 
concerned. Their names shall be recorded in the minutes with a notation under their
8 
signature that they are qualified under the preceding section of this Code.
9 
The appointments of the watchers shall bear the personal signature of the
10 
candidate or the duly authorized representative of the registered political party or
11 
coalition of political parties, party-list group, accredited citizens' arm or other
12 
authorized organization who appointed them. At least fifteen (15) days before election
13 
day, independent candidates, registered political parties or coalition of political parties,
14 
party-list groups, accredited citizens' arm and other organizations authorized by the
15 
Commission to appoint watchers shall provide the election officer concerned with the
16 
names and signatures of their representatives authorized to appoint watchers in the
17 
city or municipality of the polling place.
18 
The watchers shall have the following rights:
19 
(a) To stay in the space reserved for them inside the polling place except in the
20 
instances provided under Section 179;
21 
(b)To witness and inform themselves of the proceedings of the electoral board;
22 
(c) To take notes of what they may see or hear;
23 
(d)To take photographs, images, video, or audio recordings of the proceedings
24 
and incidents, if any, during the Final Testing and Sealing, counting of votes,
25 
transmission of results, preparation and printing of election returns: Provided,
26 
That the secrecy of ballots shall be maintained at all times: Provided further,
27 
That in no case shall taking of pictures, images, photos, videos, or audio
28 
recordings be allowed while the voter is shading the ballot or feeding the same
29 
in the vote counting machine. Violation of this paragraph shall constitute an
30 
election offense;
31 
(e)To file a protest against any irregularity or violation of law which they believe
32 
may have been committed by the electoral board, by any of its members or by
33 
any person present;
34 
(f) To obtain from the electoral board a certificate as to the filing of such protest
35 
and/or of the resolution thereon;
36 
(g)To obtain from the electoral board a certificate of votes which shall contain the
37 
number of votes obtained by the candidate, from manual count and automated
38 
count, respectively, written in words and figures, the number of the precinct.
83


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
the name of the city or municipality and the total number of voters who voted 
in the precinct and the date and time issued. The certificate of votes shall be 
signed and thumb marked by each member of the electoral board.
(h) To have a reasonable opportunity to read the ballots during the manual 
counting of votes, after such ballots shall have been read by the chairperson, 
as well as the election returns, after they shall have been completed and signed 
by the members of the electoral board, without touching either the ballots or 
the election returns; and
(i) To position themselves near the chairperson of the electoral board while the 
chairperson is publicly announcing the precinct results.
(j) Watchers are not allowed to speak to any member of the electoral board or to 
any voter or among themselves, in a manner that would disrupt the 
proceedings of the electoral board.
The watchers representing the dominant majority and dominant minority 
parties, and the citizen's arm shall, if available, affix their signatures and thumbmarks 
in the election returns for both the manual and automated counts.
Article 16 
The Official Ballots
SEC. 182. Form and contents of the Official Ballots. -
Ballots for National, Local, and Bangsamoro Autonomous Region Elections, 
whether regular or special, plebiscites, initiatives, referenda, and recall elections 
shall be paper-based, uniform sized, and shall be prescribed by the Commission, 
taking into account environmental considerations, with a reasonable minimum 
paper size and, as far as practicable, using only recycled paper. They shall be 
printed in black ink on security 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
(A)
(B)
84


1 
by interested parties on the Commission's official website at least five (5) days
2 
before the elections.
3 
(C) A digital image of a sample official ballot may be available for viewing and
4 
downloading from the Commission's website, minus the security features, and
5 
actual bar codes for authentication.
6 
(D) The official ballot shall contain the titles of the positions to be filled and/or the
7 
positions to be voted upon in an initiative, referendum, or plebiscite. Under each
8 
position to be filled, the names of candidates shall be arranged alphabetically by
9 
surname and uniformly indicated using the same type size. The maiden or married
10 
name shall be listed in the official ballot, as preferred by the female candidate.
11 
Under each proposition to be voted upon, the choices should be uniformly
12 
indicated using the same font and size. Opposite the name of the candidate or the
13 
proposition to be voted upon, as the case may be, shall be a square or rectangle,
14 
on which the voter will place a single vertical mark to register a vote for such
15 
candidate or proposition.
16 
(E) A fixed space where the chairman of the electoral board shall fix his/her signature
17 
to authenticate the official ballot shall be provided.
18 
(F) The foregoing provisions notwithstanding, the Commission is hereby authorized
19 
to prescribe a different form of official ballot on the same watermarked security
20 
paper to facilitate voting by persons with disabilities and by persons who are
21 
unable to read or write only. The Commission should use or adopt the latest
22 
technological and electronic devices in connection therewith, as to enable such
23 
voters to confirm that the accompanying person truly adhered to the voter's choice
24 
of candidates.
25 
(G) To prevent the use of fake ballots, the Commission through the Technical
26 
Evaluation Committee, established under Section 132 of this Code, shall ensure
27 
that the necessary safeguards, such as, but not limited to, bar codes, holograms,
28 
color shifting ink, microprinting, are provided on the ballot.
29 
SEC. 183. Printing and distribution of the officiai baiiots. - The printing of the
30 
official ballots shall be done by the National Printing Office and/or Bangko Sentral ng
31 
Pilipinas, under the control and supervision of the Commission, using the printing
32 
machines they own, and shall not, under any circumstance, be contracted out or
33 
outsourced, whether directly or indirectly, to any private or public person, entity, or
34 
agency.
35 
The official ballots shall be printed and distributed to each city/municipality at
36 
the rate of one ballot for every registered voter with a provision of additional three
37 
ballots per precinct.
38 
SEC. 184. Sampie Officiai Baiiots. - The Commission shall provide the electoral
39 
board with sample official ballots at the rate of thirty ballots per polling place. The
85


1 
sample official ballots shall be printed on colored paper, in all respects like the official
2 
ballots but bearing instead the words "Sample Official Ballot", to be shown to the
3 
public and used in demonstrating how to fill out and fold the official ballots properly.
4 
No name of any actual candidate shall be written on the spaces for voting on the
5 
sample official ballots provided by the Commission, nor shall they be used for voting.
6 
At ieast thirty (30) days before an election, it shall be the duty of the
7 
Commission on Elections to publicize the unfilled sample ballot through broadcast,
8 
digital, electronic, or online media, as well as posting the same information at
9 
conspicuous public areas including barangay halls during barangay and Sangguniang
10 
Kabataan Elections and a list of all registered national, provincial and city candidate
11 
to be voted in the said election. The names of the candidates shall be listed in
12 
alphabetical order under their respective party affiliation and a one-line statement not
13 
to exceed (3) words of their occupation or profession: Provided, however, That in the
14 
posting of the names of the candidates for national offices, the alphabetical order shall
15 
be democratized so that the listed names shall be made in three (3) columns: the first
16 
column shall commence with the letter A and end with the letter Z; the second column
17 
shall commence with the letters "I-Z" and thereafter- "A-H" and the third column shall
18 
commence with the letters "Q-Z" and thereafter "A-P." Persons nominated under the
19 
party-list system likewise be included in the abovementioned list.
20 
SEC. 185. Custody and accountability of ballots. - The election officer and the
21 
treasurer of the city/municipality as deputy of the Commission shall have joint custody
22 
and accountability of the official ballots, accountable forms and other election
23 
documents as well as ballot boxes containing the official ballots cast.
24 
The election officer and the city or municipal treasurer shall keep a record of
25 
the quantity, identification numbers, and the serial numbers of the ballots they have
26 
custody of. Legible copies of aforesaid record shall be furnished the duly authorized
27 
city or municipal representatives of the dominant majority and minority parties and
28 
the Commission immediately after the distribution is made of such official ballots. Any
29 
candidate or duly registered political or sectoral party or organization shall be given a
30 
copy of such record upon request.
31 
The Commission shall promulgate the necessary rules and prescribe the
32 
appropriate forms and documentation to ensure that the chain of custody of the ballots
33 
and the ballot boxes may be readily established.
34 
No official ballots shall be delivered to the electoral board earlier than the first
35 
hour of election day: Provided, however, That the Commission may, for justifiable
36 
reasons, authorize the delivery of said official ballots to the electoral board of any
37 
particular polling place at an earlier date after written notice thereof to the
38 
independent candidates to be voted for in the polling place concerned and to the duly
39 
registered political parties fielding candidates to be voted for in such polling place.
86


1 
SEC. 186. Watchers in the printing, storage, and distribution of baiiots. -
2 
Accredited political or sectoral parties or organization and deputized citizen's arms of
3 
the Commission may assign watchers in the printing, storage, and distribution of
4 
official ballots. The watchers shall have the same qualifications prescribed in Section
5 
180 of this Code.
7 
Article 17
8 
Casting of Votes in Regular Voting
9 
SEC. 187. Voting hours on eiection day. - Unless otherwise set by the
10 
Commission through a duly promulgated and published resolution, the casting of votes
11 
for shall start at seven o'clock In the morning and shall end at three o'clock in the
12 
afternoon, except when there are voters present within thirty meters in front of the
13 
polling place who have not yet cast their votes, in which case the voting shall continue
14 
but only to allow said voters to cast their votes without interruption. The poll clerk
15 
shall, without delay, prepare a complete list in duplicate containing the names of said
16 
voters consecutively numbered. The voters so listed shall be called to vote by
17 
announcing each name repeatedly three times in the order in which they are listed.
18 
Any voter in the list who is not present when his or her name is called out shall not
19 
be permitted to vote.
20 
SEC. 188. Preiiminaries to the voting. - Prior to the voting, the electoral board
21 
shall:
22 
(a) Meet at the polling place not later than five o'clock in the morning of election
23 
day, unless a different time is prescribed by the Commission. They shall ensure
24 
that the ballot box and the vote counting device or machine that shall be used
25 
for the automated count are inside the polling place;
26 
(b) Set-up the polling place in accordance with the guidelines prescribed by the
27 
Commission;
28 
(c) Post one copy of the prescribed voters list of each precinct in the cluster near
29 
or at the door of the polling place, preferably the pages/sheets are spread out
30 
to give free access to voters who are checking their names in the list;
31 
(d) Show to the watchers and everyone else present that:
32 
(i) The box of the vote counting device or machine is sealed;
33 
(ii) 
The ballot box is empty; and
34 
(iii) Package of official ballots is duly sealed, and thereafter, break the seal.
35 
(e) Segregate the ballots intended for voters assigned to special polling places and
36 
turn these over to the proper personnel for delivery to such special polling
87


1 
places, strictly following the procedure that shall be prescribed by the
2 
Commission for this purpose;
3 
(f) Remove the seal of the box containing the voting counting device or machine
4 
and check whether all of the components necessary to operate such device or
5 
machine, as enumerated in the resolution promulgated by the Commission for
6 
this purpose, are inside the box;
7 
(g) Enter in the minutes the fact that the package of ballots, ballot box, and box
8 
containing the vote counting device or machine were shown to the public with
9 
their wrapping and corresponding seals intact and/or if they find that the
10 
wrapping and seals are broken, such fact must be stated in the minutes as well
11 
as the serial numbers of ballots that they find in the package; and
12 
(h) Perform such other tasks as the Commission may prescribe.
13 
SEC. 189. Persons Allowed Inside the Polling Place. - Only the following
14 
persons shall be allowed inside the polling place:
15 
(a) Members of the Electoral Board and support staff, if any;
16 
(b) Watchers who shall stay only in the space reserved for them;
17 
(c) Representatives of the Commission;
18 
(d) Voters casting their votes and their assistors, if any;
19 
(e) Voters waiting for their turn to cast their vote;
20 
(f) Support staff delivering ballots to or from special polling places;
21 
(g) Technical support staff duly authorized by the Commission and assigned in the
22 
voting center concerned;
23 
(h) Jail/Prison escorts escorting voters who are deprived of liberty; and
24 
(i) Other persons who may be specifically authorized by the Commission.
25 
SEC. 190. Persons Not Allowed to Enter the Polling Place. - Unless specifically
26 
authorized by the Commission, it is unlawful for the following persons to enter the
27 
polling place, or to stay within a radius of fifty (50) meters from the polling place,
28 
except to vote:
29 
(a) Any officer of member of the Armed Forces of the Philippines or the Philippine
30 
National Police;
31 
(b)Any peace officer or any armed person belonging to any extra-legal police
32 
agency, special forces, 
reaction forces, strike forces. Civilian Armed
33 
Geographical Units, barangay tanods or other similar forces or para-military
34 
forces, including security guards;
35 
(c) All other kinds of armed or unarmed extra-legal police forces; or
88


1 
(d) Any barangay or Sangguniang Kabataan official, whether elected or appointed.
2 
However, the electoral board may, by a majority vote if it deems necessary,
3 
order in writing the detail of police officers or peace officers for its protection or for
4 
the protection of the election documents and paraphernalia. In which case, the said
5 
police officers or peace officers shall stay outside the polling place within a radius of
6 
thirty (30) meters, near enough to be easily called by the electoral board at any time,
7 
but never at the door, and in no case shall the said police officers or peace officers
8 
hold any conversation with any voter or disturb or prevent or in any manner obstruct
9 
the free access of the voters to the polling place. Such order shall be recorded in the
10 
minutes.
11 
SEC. 191. Order of voting. - The voters shall vote in the order of their entrance
12 
into the polling place. The voters shall have the right to freely enter the polling place
13 
as soon as they arrive unless there are voters waiting inside, in which case they shall
14 
fall in line in the order of their arrival and shall not crowd around the table of the
15 
electoral board. The voters, after having cast their votes, shall immediately depart.
16 
SEC. 192. Manner of obtaining baiiots. - The voter shall proceed to the
17 
assigned precinct/clustered precinct and approach any member of the electoral board
18 
or its support staff and shall state his or her name, precinct number, and sequence
19 
number.
20 
The poll clerk shall verify if the name of the voter from the certified voters list
21 
to establish that the voter is assigned in that polling place. If the voter's name is not
22 
in the certified voters list, the voter shall not be allowed to vote and shall be requested
23 
to leave the polling place.
24 
If the voter's name is in the certified voters list, the poll clerk shall, in
25 
accordance with the procedure that shall be prescribed by the Commission, verify if
26 
the voter has already cast his or her vote. If verification reveals that the voter has
27 
already cast his or her vote, the voter shall be Informed of such fact and shall be asked
28 
to leave the polling place. This fact, along with the name and precinct of the voter,
29 
shall be recorded in the minutes.
30 
If the verification reveals that the voter has not yet voted, the poll clerk shall
31 
then establish the identity of the voter through his or her photograph or specimen
32 
signature in the certified voters list. In case the identity of the voter cannot be
33 
established with certainty using the information in certified voters list, the electoral
34 
board may establish such voter's identity through any of the means mentioned in
35 
Section 43 of this Code. If the voter's identity cannot be established through any of
36 
the means provided in this Code or prescribed by the Commission, the voter shall be
37 
directed to leave the polling place after informing him or her the reason therefor.
38 
After the voter's identity is established, the name of the voter shall be distinctly
39 
announced in a tone loud enough to be heard throughout the polling place. If the
89


1 
voter is not challenged or having been challenged, the question has been decided in
2 
his or her favor, the electoral board shall require the voter to sign the certified voters
3 
list. In case the voter cannot sign, the voter shall be asked to affix his or her
4 
thumbmarks in said list.
5 
Thereafter, the voter shall be directed to the Chairperson who shall:
6 
(a) Authenticate the ballot by affixing his/her signature at the designated space of
7 
the front of the ballot;
8 
Failure to authenticate the ballot shall not invalidate the ballot but shall
9 
constitute an election offense.
10 
(b) Show to the voter that the ballot being given is not torn or smudged, and has
11 
not yet been filled-out;
12 
(c) Place such ballot inside the ballot secrecy folder or some other covering
13 
material as may be prescribed by the Commission and hand it over to the voter,
14 
along with the marking pen;
15 
(d) Instruct the voter how to fill-out the ballot properly and then direct him or her
16 
to the designated voting area.
17 
Only the Chairperson shall issue the official ballots and only one ballot at a time
18 
shall be issued.
19 
SEC. 193. Manner of voting. - The voter, upon receiving his or her ballot, shall
20 
forthwith proceed to the designated voting area and occupy one of the empty voting
21 
booths to ensure that the voter may fill out the ballots in secrecy. The voter shall place
22 
a single vertical mark on the square or rectangle opposite the name of the candidate
23 
or proposition to register a vote for such candidate or proposition, as the case may
24 
be.
25 
After accomplishing the ballot, the voter shall feed the ballot in the vote
26 
counting machine or device without touching such machine or device. The voter shall
27 
return the secrecy folder and the marking pen to the third member.
28 
Once the voter has completed all the necessary tasks to complete the voting
29 
process, including the application of measures to prevent him or her from double
30 
voting in the same elections, he or she shall promptly leave the polling place.
31 
The Commission shall prescribe the necessary rules and regulations to ensure
32 
that the secrecy of the ballots and the voter-verified audit trail shall be preserved
33 
during the conduct of the voting and that no spurious ballots may be placed into the
34 
ballot box.
35 
SEC. 194. Prohibited acts by voters. The voter shall be prohibited from
36 
performing any of the following actions:
90


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
(a) Entering any voting booth or any other voting structure or device prescribed by 
the Commission that is occupied by another;
(b) Entering such booth, structure, or device while accompanied by somebody or 
filling out the ballot accompanied by another, except in the instances allowed 
by the Code;
(c) Staying in the voting booth, structure, or device, or In the polling place for a 
longer period of time than reasonably necessary;
(d) Speaking with other voters or the watchers while inside the polling place even 
after being warned to refrain from doing so by any of the members of the 
electoral board;
(e) Causing any undue disturbance to other voters, watchers, the electoral board, 
or to any other person inside the polling place or within its immediate vicinity;
(f) Except when otherwise inapplicable, preparing the ballot outside the voting 
booth or voting structure or device prescribed by the Commission;
(g) Except when otherwise inapplicable, preparing the ballot without using the 
ballot secrecy folder or any other covering material or device provided by the 
Commission;
(h) Exhibiting the contents of the ballots to any person except to his or her assistor 
in instances allowed in this Code or by the Commission;
(i) Allowing or causing any other person to fill-out the ballots, except in the 
instances allowed in this Code or by the Commission;
(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;
91


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
(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.
In all cases, the poll clerk shall first verify from the illiterates, persons with 
disability, or senior citizens whether said voters have authorized the person in question 
to help them cast their vote. If the voter denies the authority of the assistor, any 
member of the electoral board may assist such illiterates, persons with disability, or 
senior citizens. The same shall be recorded in the Minutes.
The person assisting the illiterates, persons with disability, or senior citizens
shall:
(1) Prepare in their presence, the ballot using the ballot secrecy folder or other 
covering device or material prescribed by the Commission; and
(2) Bind themselves in writing and under oath to fill out the ballot strictly in 
accordance with the instructions of the voter and not to reveal its contents, by 
indicating the appropriate data and affixing their signatures, thumbmark, or 
any available fingerprint if without a thumb, in the corresponding space in the 
minutes.
92


1 
The person assisting shail not disclose to any other person votes of the person
2 
or persons whom he assisted.
3 
SEC. 196. Replacement ballots. - No replacement ballot shall be issued to a
4 
voter whose ballot is rejected by the vote counting machine or device, except if such
5 
rejection of the ballot is not due to the fault of the voter.
6 
SEC. 197. Challenge against illegal voters. - Any voter or watcher may
7 
challenge any person offering to vote on the following grounds:
8 
(1) Such person is not registered to vote in the precinct he is trying to vote in;
9 
(2) Said person is using the name of another; or
10 
(3) He or she is suffering from existing disquaiification.
11 
In such case, the electoral board shall determine the truthfulness of the ground
12 
for the challenge by requiring proof of registration, identity, or qualification.
13 
SEC. 198. Challenge based on certain Illegal acts. - Any voter or watcher may
14 
challenge any voter offering to vote on the ground that the challenged person has
15 
received or expects to receive, has paid, offered or promised to pay, has contributed,
16 
offered or promised to contribute money or anything of value as consideration for his
17 
vote or for the vote of another; that he has made or received a promise to influence
18 
the giving or withholding of any such vote or that he has made a bet or is interested
19 
directly or Indirectly in a bet which depends upon the result of the election. The
20 
challenged person shall take a prescribed oath before the electoral board that he has
21 
not committed any of the acts alleged In the challenge. Upon the taking of such oath,
22 
the challenge shall be dismissed and the challenged voter shall be allowed to vote,
23 
but In case of his refusal to take such oath, the challenge shall be sustained and he
24 
shall not be allowed to vote.
25 
The admission of the challenged voter under this section and the preceding
26 
section shall not be conclusive upon any court as to the legality of the registration of
27 
the voter challenged or his vote in a criminal action against such person for illegal
28 
registration or voting.
29 
SEC. 199. Record of Challenges and Oaths. - The electoral board shall record
30 
in the Minutes all challenges and oaths taken, and its decision in each case.
31 
SEC. 200. Disposition of unused ballots. - After voting, the Chairperson, in the
32 
presence of the other members of the electoral board, shall:
33 
(a) Record in the minutes the quantity of unused ballots;
34 
(b)Tear the unused ballots in half lengthwise; and
35 
(c) Place the two halves of the unused ballots in separate envelopes. One of the
36 
envelopes shall be deposited in the ballot box while the other shall be submitted
37 
to the election officer.
93


1 
SEC. 201. Prohibition of announcement of voting. - No member of the board
2 
of the electoral board shall, before the termination of the voting, make any
3 
announcement as to whether a certain registered voter has already voted or not, as
4 
to how many have aiready voted or how many so far have failed to vote, or any other
5 
fact tending to show or showing the state of the poiis, nor shali he make any statement
6 
at any time, except as witness before a court, as to how any person voted.
7
8 
Article 18
9 
Local Absentee Voting and Voting by Persons Deprived of Liberty
10
11 
SEC 202. Deciaration of Poiicy.- The State shail ensure that senior citizens,
12 
persons with disabiiities (PWDs), pregnant women, indigenous peoples (IPs),
13 
internally displaced persons (IDPs), persons deprived of liberty (PDLs), and in special
14 
circumstances, health workers, quarantined and hospitalized persons, and repatriated
15 
overseas voters are abie to exercise their right to poiitical participation without
16 
restrictions. The State shaii devise systems and procedures that wili enhance
17 
accessibility in their voting process.
18
19 
SEC. 203. Who may avaii of Local Absentee Voting. - Locai absentee voting
20 
may be avaiied of by the following:
21 
(a) government officials and employees;
22 
(b) members of the PNP;
23 
(c) members of the AFP; and
24 
(d) members of the media, media practitioners inciuding their technical and
25 
support staff who are actively engaged in the pursuit of information gathering
26 
and reporting or distribution, in any manner or form, inciuding, but not limited
27 
to the following:
28 
(1) Print Journalists
29 
(2) Television Journalists
30 
(3) Photo Journalists
31 
(4) Online Journalists
32 
(5) Radio Journalists
33 
(6) Documentary makers
34 
‘ 
(7) Teievision/Radio Production
35 
(8) Bioggers
36 
(9) Freelance Journalist
94


1 
(10) Senior citizens
2 
(11) Persons with disabilities
3 
(12) Pregnant women
4 
(13) Indigenous peoples
5 
(14) Internally displaced persons
6 
(15) Persons deprived of liberty
7 
Provided^ That a) they are duly registered voters and whose registration records
8 
are not deactivated, and b) on election day, In case of government officials, members
9 
of the PNP and AFP, that they are assigned temporarily to perform election duties In
10 
places where they are not registered voters; in case of media voters, that they will
11 
not be able to vote due to the performance of their functions in covering and reporting
12 
on the conduct of elections; in case of senior citizens, PWDs, pregnant women,
13 
indigenous peoples, and IDPs they are temporarily residing in a city or municipality
14 
other than where they registered as voters; or in case of PDLs, they are detained or
15 
imprisoned in a facility located in a city or municipality other than where they are
16 
registered as voters.
17 
Government officials and employees who will be posted abroad to perform
18 
election duties on election day may also avail of local absentee voting: Provided, That
19 
they are registered voters and that they are not registered overseas voters.
20 
SEC. 204. Other Persons Who May Avail of Local Absentee Voting During
21 
Special Circumstances.- Health workers and quarantined or hospitalized persons may
22 
avail of local absentee voting only in the event of a public health emergency: Provided
23 
that a) they are duly registered voters and whose registration records are not
24 
deactivated and b) in case of health workers, they are designated to be on duty during
25 
the day of the election in a city or municipality other than where they are registered
26 
as voters; or in case of quarantined or hospitalized persons, on election day, they are
27 
quarantined or hospitalized in a city or municipality other than where they are
28 
registered as voters.
29 
Repatriated overseas voters may avail of local absentee voting only if their
30 
repatriation was due to special circumstances such as armed conflict, issues in
31 
international relations, state of emergency or calamity, or any other analogous
32 
circumstances beyond their control or fault: Provided that a) they are duly registered
33 
voters and whose registration records are not deactivated and b) the period for
34 
transfer of registration records from the Post to the office of the election officer of the
35 
place of their residence has already lapsed.
36 
SEC. 205. Positions to be voted for. - Voters availing of Local Absentee Voting
37 
and voters who are deprived of liberty may vote for national positions only.
95


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
39
SEC. 206. Provision ofAccessibie Poiiing Piaces. - During the conduct of Local 
Absentee Voting, the Commission shall designate accessible polling places, as defined 
under Section 5 of this Code, for senior citizens, PWDs, and pregnant women.
SEC. 207. Voting period for Locai Absentee Voters. - Those who have been 
approved to avail of local absentee voting shall have at least two (2) days within seven 
(7) calendar days before election day to submit their ballots to the officers designated 
to collect such ballots.
SEC. 208. Provision for Transportation/Shuttie Services. - The Commission 
shall provide a system of transportation/shuttle services for the senior citizens, PWDs, 
pregnant women, IPs, and IDPs during the period of local absentee voting under this 
act and during election day to ensure that these sectors have means of transportation 
to and from the polling places.
SEC. 209. Voting by Persons Deprived of Liberty ("PDL Voting")- - PDLs who 
are held, detained or imprisoned in facilities located in the same city or municipality 
where they are registered as voters may participate in PDL voting. The Commission 
shall set up emergency accessible polling places in jail and prison facilities for this 
purpose. The Commission shall provide for the rules and procedures for the conduct 
of PDL voting during election day.
SEC. 210. Manner of obtaining and preparing the baiiots. -
(A) Voters availing of Local Absentee Voting shall obtain their ballots and cast their 
votes in the manner that shall be set forth by the Commission. The Commission 
is hereby authorized to utilize a manual system of voting and counting of votes 
for local absentee voters.
(B) Voters participating in PDL Voting shall obtain and prepare their ballots in the 
same manner as that provided in the preceding Article. They shall likewise be 
entitled to the same assistance in preparing such ballots as those provided 
therein, whenever applicable.
In the preparation of ballots, the voters mentioned in this Article shall be subject 
to the same prohibitions found in Section 194, whenever applicable.
SEC. 211. Impiementing ruies and reguiations. - The Commission shall 
promulgate the rules and regulations necessary to implement the provisions of this 
Article, consistent with the policy of ensuring the integrity of the ballots and the 
secrecy of the votes cast by the voters availing any of such modes of voting.
Article 19
Postponement of Voting and Failure of Elections
SEC. 212. Postponement of Voting. - When for any serious cause such as 
violence, terrorism, loss or destruction of election paraphernalia or records, force
96


1 
majeure, and other analogous causes of such a nature that the holding of a free,
2 
orderly and honest election should become impossible in any political subdivision, the
3 
Commission, motu proprio or upon a verified petition by any interested party, and
4 
after due notice and hearing, whereby all interested parties are afforded equal
5 
opportunity to be heard, shall postpone the voting therein to a date which should be
6 
reasonably close to the election day not held but not later than thirty days after the
7 
cessation of the cause for such postponement.
8 
SEC. 213. Failure of election. - If, on account of force majeure, violence,
9 
terrorism, fraud, or other analogous causes the election in any polling place has not
10 
been held on the date fixed, or had been suspended before the hour fixed by law for
11 
the closing of the voting, or after the voting and during the preparation and the
12 
transmission of the election returns or in the custody or canvass thereof, such election
13 
results in a failure to elect, and in any of such cases the failure or suspension of
14 
election would affect the result of the election, the Commission shall, motu proprio,
15 
or upon a verified petition by any interested party and after due notice and hearing,
16 
call for the holding or continuation of the election not held, suspended or which
17 
resulted in a failure to elect on a date reasonably close to the date of the election not
18 
held, suspended or which resulted in a failure to elect but not later than thirty days
19 
after the cessation of the cause of such failure of elections.
20 
SEC. 214. Limit of the authority of the Commission. - Nothing in this section
21 
shall be understood as an authority for the Commission to fix the regular election for
22 
the President, Vice-President, Senators, and Members of the House of Representatives
23 
on any date other than the second Monday of May.
24
25 
CHAPTER V
26 
IN-COUNTRY COUNTING AND CANVASSING OF VOTES
27
28 
Article 20
29 
Counting of Votes
30 
SEC. 215. Counting Procedure. - The Commission shall prescribe the manner
31 
and procedure of counting the votes under the automated system and the manual
32 
counting system: Provided, That a separate election return shall be prepared showing
33 
the results of the manual counting of the ballots, which shall also be canvassed
34 
alongside the electronically transmitted and digitally signed election returns under the
35 
automated system: Provided further, That if there is a discrepancy of at least two
36 
percent (2%) of the total number of the votes cast between the results of the
37 
automated system and the manual counting system for any position, an automatic
38 
recount shall be undertaken for that position only: 
Provided further, That the
39 
Commission shall deploy sufficient number of technical personnel to assist the
97


1 
electoral board in such recount. A comparison shall be made between the digitally
2 
captured image of the ballot and the physical ballot itself before the recount to
3 
determine the root cause of the discrepancy and to ascertain the will of the voters.
4 
The result of the recount shall be reflected in the manually prepared election return
5 
which shall be considered, along with the unaffected electronically transmitted and
6 
digitally signed election returns, in determining the winning candidate for the subject
7 
position: Provided finally. That apart from the electronically stored result, twelve (12)
8 
copies of the election returns are printed and twelve (12) copies of the election return
9 
for the manual counting system shall be accomplished.
10 
SEC. 216. Counting to be public and without interruption. - As soon as the
11 
voting is finished, the electoral board shall publicly count in the polling place the votes
12 
cast and ascertain the results. The board may rearrange the physical set up of the
13 
polling place for the counting or perform any other activity with respect to the
14 
transition from voting counting. However, it may do so only in the presence of the
15 
watchers and within close view of the public. At all times, the ballot boxes and all
16 
election documents and paraphernalia shall be within close view of the watchers and
17 
the public.
18 
The electoral board shall not adjourn or postpone or delay the count until it has
19 
been fully completed, unless otherwise ordered by the Commission.
20 
The Commission, in the interest of free, orderly, and honest election, may
21 
authorize the electoral board to count the votes and to accomplish the election return
22 
and other forms prescribed under the code in any other place within a public building
23 
in the same municipality or city on account of imminent danger of widespread violence
24 
or similar causes of comparable magnitude: Provided, That the transfer shall been
25 
recommended in writing by the board of election inspectors by unanimous vote and
26 
endorsed in writing by the majority of watchers present: Provided further, that the
27 
said public building shall not located within the perimeter of or inside a military or
28 
police camp, reservation, headquarters, detachment or field office nor within the
29 
premises of a prison or detention bureau or any law enforcement or investigation
30 
agency.
31 
Any violation of this section, or its pertinent portion, shall constitute an election
32 
offense.
33 
SEC. 217. Livestreaming or video recording of the counting. - The Commission
34 
shall accredit groups who wish to livestream or record a video of the manual counting
35 
of votes at the precinct level.
36 
The recorded video or livestream may be used as evidence in electoral protests.
37 
No photo, recorded video, or livestream, whether official or unofficial, taken
38 
during election day of any member of the electoral board and any other personnel of
39 
the Commission performing election duties during election day shall be used to defame
98


1 
or publicly shame said member of the electoral board or personnel of the Commission
2 
in social media or in any other platform, digital or otherwise. Any violation of this
3 
paragraph shall constitute as an election offense under this Code.
4 
SEC. 218. Election Returns. - There shall be two sets of election returns. One
5 
shall be generated under the automated system which shall bear appropriate control
6 
marks to determine the time and place of printing. The other shall be under the
7 
manual counting system. The Commission shall design the features of such election
8 
returns.
9 
Each copy of both sets of election returns shall be signed by all the members
10 
of the electoral board and the watchers present. They shall likewise affix their
11 
thumbmarks thereto. If any member of the electoral board present refuses to sign,
12 
the chairperson of the board shall note the same in each copy of the printed and
13 
manually accomplished election returns. The member of the electoral board refusing
14 
to sign shall be compelled to explain his or her refusal to do so. Failure to provide a
15 
justifiable reason for refusing to sign each copy of the printed and manually
16 
accomplished election return by any member of the electoral board shall be punishable
17 
under this Code. The chairperson of the board shall then publicly read and announce
18 
the total number of registered voters, the total number of voters who actually voted,
19 
the total number of votes obtained by each candidate based on the election returns,
20 
whether there is a discrepancy between the results of the automated system and
21 
manual counting system, and the details of the said discrepancy, including the result
22 
of the recount, if any.
23 
Thereafter, the copies of the election returns shall be sealed and placed In the
24 
proper envelopes for distribution as follows:
25 
(a) In the election of president, vice-president, senators and party-list system:
26 
(l)The first copy shall be delivered to the city or municipal board of
27 
canvassers;
28 
(2) The second copy, to the Congress, directed to the President of the Senate;
29 
(3)The third copy, to the Commission;
30 
(4) The fourth copy, to the citizens' arm authorized by the Commission to
31 
conduct an unofficial count;
32 
(5) The fifth copy, to the dominant majority party as determined by the
33 
Commission in accordance with this Code;
34 
(6) The sixth copy, to the dominant minority party as determined by the
35 
Commission in accordance with this Code;
36 
(7)The seventh copy shall be deposited inside the compartment of the ballot
37 
box for valid ballots;
99


1 
(8) The eighth copy to the Provincial Board of Canvassers; and
2 
(9) The ninth to the twelfth copies, to national broadcast or print media entities
3 
as may be equitably determined by the Commission in view of propagating
4 
copies to the widest extent possible.
5 
(b) In the election of local officials and members of the House of Representatives:
6 
(1) The first copy shall be delivered to the city or municipal board of
7 
canvassers;
8 
(2) The second copy, to the Commission;
9 
(3) The third copy, to the provincial board of canvassers;
10 
(4) The fourth copy, to the citizens' arm authorized by the Commission to
11 
conduct an unofficial count;
12 
(5) The fifth copy, to the dominant majority party as determined by the
13 
Commission in accordance with this Code;
14 
(6) The sixth copy, to the dominant minority party as determined by the
15 
Commission in accordance with this Code;
16 
(7) The seventh copy shall be deposited inside the compartment of the ballot
17 
box for valid ballots;
18 
(8) The eighth copy to be posted conspicuously on a wall within the premises
19 
of the polling place or counting center; and
20 
(9) The ninth to the twelfth copies, to national broadcast or print media entities
21 
as may be equitably determined by the Commission in view of propagating
22 
copies to the widest extent possible.
23 
Immediately after all the copies are printed and completed, the poll clerk shall
24 
announce that the relevant copies for posting are being posted on a wall within the
25 
premises of the polling place or counting center, which must be sufficiently lighted
26 
and accessible to the public. Any person may view or capture an image of the election
27 
returns by means of any data capturing device such as, but not limited to, cameras at
28 
any time of the day for forty-eight (48) hours following its posting. After such period,
29 
the chairperson of the electoral board shall detach the election returns from the wall
30 
and keep the same in his custody to be produced as may be requested by any voter
31 
for image or data capturing or for any lawful purpose as may be ordered by competent
32 
authority.
33 
Within one hour after the printing and completion of the election returns, the
34 
chairperson of the electoral board or any official authorized by the Commission shall,
35 
in the presence of watchers and representatives of the accredited citizen's arm,
36 
political parties/candidates, if any, electronically transmit the precinct results under
37 
the automated system to the respective levels of board of canvassers, to the dominant
100


1 
majority and minority party, to the accredited citizen's arm, and to the Kapisanan ng
2 
mga Broadcasters ng Pilipinas (KBP). The election returns under the manual counting
3 
system shall be transmitted to the municipal or city board of canvassers.
4 
The election results at the city/municipality canvassing centers under the
5 
automated system shall be electronically transmitted while the election returns under
6 
the manual counting system shall be transmitted through the fastest means available
7 
by the election officer or any official authorized by the Commission to the district or
8 
provincial canvassing centers.
9 
The election returns transmitted electronically and digitally signed shall be
10 
considered as official election results and shall be used as the basis for the canvassing
11 
of votes and proclamation of a candidate: Provided, That in case of recount, as
12 
provided under Section 215, the manually accomplished election return subject of the
13 
recount shall be considered, along with the unaffected electronically transmitted and
14 
digitally signed election returns.
15 
SEC. 219. Board of election inspectors to issue a certificate of the number of
16 
votes polled by the candidates for an office to the watchers. - After the announcement
17 
of the results of the election and before leaving the polling place, it shall be the duty
18 
of the electoral board to issue a certificate of the number of the votes received by a
19 
carldidate upon request of the watchers. All the members of the board of election
20 
inspectors shall sign the certificate.
21 
SEC. 220. Alterations and corrections in the election returns. - Any correction
22 
or alteration made in the manually accomplished election returns by the electoral
23 
board before the announcement of the results of the election in the polling place shall
24 
be duly initialed by all the members thereof. No correction or alteration shall be made
25 
in the printed election returns.
26 
After the announcement of the results of the election in the polling place has
27 
been made, the electoral board shall not make any alteration or amendment in any of
28 
the copies of the election returns unless so allowed under Section 243 of this Code or
29 
so ordered by the Commission upon petition of the members of the electoral board
30 
within five days from the date of the election or twenty-four hours from the time a
31 
copy of the election returns concerned is opened by the board of canvassers,
32 
whichever is earlier. The petition shall be accompanied by proof of service upon all
33 
candidates affected. If the petition is by all members of the electoral board and the
34 
results of the election would not be affected by said correction and none of the
35 
candidates affected objects thereto, the Commission, upon being satisfied of the
36 
veracity of the petition and of the error alleged therein, shall order the electoral board
37 
to make the proper correction on the manually accomplished election returns.
38 
However, if a candidate affected by said petition objects thereto, whether the
39 
petition is filed by all or only a majority of the members of the electoral board and the
101


1 
results of the election would be affected by the correction sought to be made, the
2 
Commission shall proceed summarily to hear the petition. In deciding the petition, the
3 
Commission shall take into account the certificates of votes, the first manual count,
4 
the manual recount, if any, and the automated count.
5 
SEC. 221. Delivery of ballot boxes, keys, supplies, documents and other
6 
election paraphernalia. -The Commission shall promulgate the necessary procedure
7 
on the packing, delivery, custody, and preservation of the ballots, ballot boxes, keys,
8 
supplies, documents, and other election paraphernalia after the results of the election
9 
in the polling place have been announced, ensuring that the integrity and sanctity of
10 
the ballots are safeguarded and its chain custody is clearly documented: Provided,
11 
That the ballots and ballot boxes shall be placed under the custody of the municipal
12 
or city treasurer: Provided further, That the voting records of each polling place
13 
including the certified voters list and the minutes of the proceedings of the electoral
14 
board shall be placed in the custody of the election officer who shall keep them in a
15 
safe place, until such time that the Commission shall give instructions on their disposal.
16 
SEC. 222. Documents and articles omitted or erroneously placed inside the
17 
ballot box. - If after the delivery of the keys of the ballot box to the proper authorities,
18 
the electoral board shall discover that some documents or articles required to be
19 
placed in the ballot box were not placed therein, the electoral board, instead of
20 
opening the ballot box in order to place therein said documents or articles, shall deliver
21 
the same to the Commission or its duly authorized representatives. In no instance
22 
shall the ballot box be reopened to place therein any document or article.
23 
SEC. 223. Minutes of voting and counting of votes. - The Commission shall
24 
prescribe a form that the electoral board shall prepare and sign in such number of
25 
copies as the Commission may require, setting forth the following matters:
26 
(a) The time the voting commenced and ended;
27 
(b) The serial numbers and ballot identification numbers of the official ballots
28 
(c) The serial numbers of the election returns, special envelopes and seals
29 
received;
30 
(d)The number of official ballots used and the number left unused;
31 
(e) The number of voters who cast their votes;
32 
(f) All challenges, oaths taken in relation thereto, and its decision in each case;
33 
(g) The names of the watchers present;
34 
(h)The time the counting of votes commenced and ended;
35 
(i) The number of official ballots found inside each compartment of the ballot box;
36 
0) The number of excess ballots;
102


1 
(k) The time of electronic transmission of the results, whenever applicable;
2 
(I) The time the election returns were signed and sealed in their respective special
3 
envelopes;
4 
(m) The number and nature of protests made by watchers;
5 
(n)AII other matters required under this Code to be recorded by the electoral
6 
board; and
7 
(o) Such other matters as may be required by the Commission.
8 
Copies of this statement, after being duly accomplished, shall be sealed in
9 
separate envelopes and shall be distributed in accordance with the rules prescribed
10 
by the Commission: Provided, That the election officer shall be given a copy thereof:
11 
Provided further. That one copy shall be deposited inside the ballot box.
12
13 
Article 21
14 
Canvassing of Votes
V;
15 
SEC. 224. Board of canvassers. - Composition of the Board of Canvassers. -
16 
. There shall be a Board of Canvassers to be appointed by the Commission in each
17 
municipality, city, district, province, and in the Bangsamoro Autonomous Region in
18 
; Muslim Mindanao (BARMM).
19 
(a) Municipal Board of Canvassers. - The Municipal Board of Canvassers shall be
20 
composed of the Municipal Election Officer or a representative of the
21 
Commission holding a permanent appointment, as Chairperson; the Municipal
22 
Treasurer, as Vice-Chairperson; and the District School Supervisor, or in the
23 
absence of the latter, the most senior in rank Principal of the school district,
24 
duly designated as such by the District Supervisor as Member-Secretary.
25 
(b) City Board of Canvassers- The City Board of Canvassers shall be composed of
26 
the City Election Officer or a lawyer of the Commission holding permanent
27 
appointment, as Chairperson; the City Prosecutor, as Vice-Chairperson; and the
28 
Schools Division Superintendent, as Member-Secretary.
29 
In cities within the National Capital Region and other highly urbanized cities
30 
with more than one (1) City Election Officer, the Regional Election Director
31 
(RED) shall designate the City Election Officer who shall act as Chairperson.
32 
In cities outside the National Capital Region and with more than one City
33 
Election Officer, the Provincial Election Supervisor shall designate the City
34 
Election Officer who shall act as Chairperson.
35 
(c) District Board of Canvassers for the Legislative District of Taguig-Pateros. - The
36 
District Board of Canvassers for the legislative district of Taguig-Pateros shall
37 
be composed of the City Election Officer or a lawyer of the Commission holding
103


1 
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-Chairperson;
13 
and the highest-ranking official of the Department of Education as Member-
14 
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 of
24 
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 canvassing
33 
machine or device and other documents Intended for the Board of Canvassers. There
34 
shall be one (1) Reception and Custody Group for every Board of Canvassers.
35 
The Reception and Custody Group shall be composed of three (3) members
36 
who are government appointive officials holding permanent appointments. They shall
37 
be designated by the concerned Chairperson of the BOC. The Commission shall
38 
determine the honorarium of the members of the Reception and Custody Group:
39 
Provided, That such amount is just and reasonable under the circumstances.
104


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
The Reception and Custody Group members shall not be related within the 
fourth civil degree of consanguinity or affinity to each other or to the Chairperson or 
any member of the Board of Canvassers, the Information Technology Support 
Personnel, members of the support staff of the Board of Canvassers, or to any 
candidate or party-list group nominee whose votes will be canvassed by the Board of 
Canvassers or to such candidate's or nominee's spouse.
In no case shall local government employees be appointed or designated as 
members of the Reception and Custody Group. In cities with more than one (1) 
legislative district, one (1) Reception and Custody Group for every legislative district 
may be constituted.
SEC. 227. Prohibited Degree of Reiationship. - The Chairperson and Members 
of the Board of Canvassers shall not be related within the fourth civil degree of 
consanguinity or affinity to each other, the information technology support personnel, 
the members of the Reception and Custody Group, other support personnel, or to any 
candidate or nominee of a party-list group whose votes will be canvassed by said 
Board of Canvassers or such candidate's or nominee's spouse.
SEC. 228. Prohibition against ieaving officiai station. - Beginning on their 
appointment as member or substitute member of the board of canvassers until the 
official proclamation of the winning candidates or the end of the election period, 
whichever comes earlier, no member or substitute member of the different boards of 
canvassers shall be transferred, assigned or detailed outside of his or her official 
station, nor shall he leave said station without prior authority of the Commission.
SEC. 229. Feigned iiiness. - Any member of the board of canvassers feigning 
illness in order to be substituted on election day or on any day thereafter until the 
proclamation of the winning candidates shall be guilty of an election offense.
SEC. 230. Vote required. - A majority vote of all the members of the board of 
canvassers shall be necessary to render a decision.
SEC. 231. Incapacity and Substitution of a member of the Board of Canvassers. 
- In case of sickness or serious injury of a regular Member of the Board of Canvassers, 
a medical certificate duly issued by any government hospital, shall be required 
attesting to the incapacity of said Member. Said medical certificate shall be recorded 
in and form part of the Minutes of the Board of Canvassers.
In case of non-availability, absence, disqualification due to relationship, or 
incapacity for any cause of the Chairperson or Members of the Board of Canvassers, 
the following shall appoint the substitute:
(l)The Provincial Election Supervisor, for the City Board of Canvassers and
Municipal Board of Canvassers in the province.
105


1 
(2) The Regional Election Director, for the Provincial Board of Canvassers in the
2 
region.
3 
(3) The Regional Election Director of National Capital Region, for the District Board
4 
of Canvassers, City Board of Canvassers, and Municipal Board of Canvassers in
5 
the region.
6 
In the interest of ensuring an orderly and credible elections, and under special
7 
circumstances, the Commission may designate other election officials, who hold a rank
8 
equal to, or higher than, those enumerated above, to appoint the substitute of the
9 
chairperson and members of the Board of Canvassers in a particular municipality, city,
10 
district, or province.
11 
In case of substitution of the Chairperson of the Provincial Board of
12 
Canvassers/City Board of Canvassers, an official or lawyer with permanent
13 
appointment of the Commission shall be appointed. In case of Municipal Board of
14 
Canvassers, a representative of the Commission holding permanent appointment shall
15 
be appointed.
16 
With respect to the other members of the Board of Canvassers, the following
17 
shall be appointed as substitute in the following order of preference:
18 
In the case of the Provincial Board of Canvassers:
19 
(1) The Provincial Auditor;
20 
(2) The Register of Deeds;
21 
(3) The Clerk of Court nominated by the Executive Judge of the Regional Trial
22 
Court; and
23 
(4) Any other available appointive provincial official.
24 
In the case of the City Board of Canvassers, the officials in the city
25 
corresponding to those enumerated above.
26 
In the absence or disqualification of the Vice-Chairperson of the Municipal Board
27 
of Canvassers:
28 
(l)The Municipal Administrator;
29 
(2) The Municipal Assessor;
30 
(3) The Clerk of Court of the Municipal Trial Court; or
31 
(4) Any other available appointive municipal officials.
32 
As substitute of the two (2) members of the District Board of Canvassers of
33 
Taguig-Pateros, the next ranking prosecutor or schools division superintendent in the
34 
district, as the case may be, shall be appointed.
106


1 
All appointments for substitution shall be in writing, stating therein the reason
2 
or reasons for the substitution. Within twenty-four (24) hours from the issuance of
3 
the appointment, the issuing authority shall furnish copies of the appointment to
4 
Commission and to the appointee.
5 
SEC. 232. Supervision and controi overboard of canvassers. - The Commission
6 
shall have direct control and supervision over the board of canvassers.
7 
Any member of the board of canvassers may, at any time, be relieved for cause
8 
and substituted motu proprio by the Commission.
9 
SEC. 233. Notice of meeting of the board of canvassers. - At least five days
10 
before the meeting of the board of canvassers, the chairperson of the board shall give
11 
a written notice to all members thereof and to each candidate, political party or
12 
coalition of political parties fielding candidates, and parties, organizations, and
13 
coalitions under the party-list system of the date, time and place of the meeting.
14 
Notices of the canvassing shall be posted at the Office of the Election Officer,
15 
Office of the Provincial Election Supervisor, Office of the Regional Election Director,
16 
and in three (3) conspicuous places in the building where the canvass will be held.
17 
Similar notices shall also be given for subsequent meetings unless notice has
18 
been issued in open session of the BOC. Proof of service of the written notice to each
19 
member, candidate, political party and party-list groups shall be attached in the
20 
Minutes and form part of the records of the proceedings. If notice is given in open
21 
session such fact shall be recorded in the Minutes of the proceedings.
22 
Failure to give notice of the date, time, and place of the meeting of the Board
23 
is an election offense.
24 
SEC. 234. Canvassing by Provincial,, City, District, and Municipal Boards of
25 
Canvassers. - The city or municipal board of canvassers shall canvass the votes for
26 
the president, vice-president, senators, members of the House of Representatives,
27 
elective regional officials. If applicable, elective provincial officials, and elective city or
28 
municipal officials, as the case may be, by consolidating the electronically transmitted
29 
results or the results contained in the data storage devices used in the printing of the
30 
election returns under the automated system and the election returns under the
31 
manual counting system. Upon completion of the canvass, it shall print and complete
32 
the certificate of canvass of votes for president, vice-president, senators, members of
33 
the House of Representatives, elective regional officials, if applicable, and elective
34 
provincial officials and thereafter, proclaim the elected city or municipal officials, as
35 
the case may be.
36 
The city board of canvassers of cities comprising one or more legislative districts
37 
shall canvass the votes for president, vice-president, senators, members of the House
38 
of Representatives, elective regional officials, if applicable, and elective city officials
39 
by consolidating the certificates of canvass electronically transmitted or the results
107


1 
contained in the data storage devices used in the printing of the election returns under
2 
the automated system and the certificate of canvass under the manual counting
3 
system. Upon completion of the canvass, the board shall produce the certificate of
4 
canvass of votes for president, vice-president, senators, party-list representatives,
5 
elective regional officials, if applicable, and thereafter, proclaim the elected members
6 
of the House of Representatives for such district or districts and city officials.
7 
The legislative districts of Taguig-Pateros shall have a District Board of
8 
Canvassers which shall canvass the votes for president, vice-president, senators, and
9 
members of the House of Representatives by consolidating the results electronically
10 
transmitted from the city/municipal consolidating centers or the results contained in
11 
the data storage devices under the automated system and certificate of canvass under
12 
the manual counting system submitted by the board of canvassers of the Municipality
13 
of Pateros and the City of Taguig. Upon completion of the canvass, it shall produce
14 
the certificates of canvass for president, vice president, senators, and party-list
15 
representatives and thereafter, proclaim the elected members of the House of
16 
Representatives representing the Taguig-Pateros legislative districts.
17 
The provincial board of canvassers shall canvass the votes for president, vice-
18 
president, senators, members of the House of Representatives, elective provincial
19 
officials, and, if applicable, elective regional officials, by consolidating the results
20 
electronically transmitted from the city/municipal consolidating centers or the results
21 
contained in the data storage devices under the automated system and certificate of
22 
canvass under the manual counting system submitted by the board of canvassers of
23 
the municipalities and component cities. Upon completion of the canvass, it shall
24 
produce the certificates of canvass for president, vice president, senators, party-list
25 
representatives, and elective regional officials, if applicable, and thereafter, proclaim
26 
the elected members of the House of Representatives representing the legislative
27 
districts in the province and the provincial officials.
28 
Whenever applicable, the regional board of canvassers of autonomous regions
29 
shall canvass the votes for president, vice-president, senators, party-list
30 
representatives and the elective regional officials by consolidating the results
31 
electronically transmitted from the provincial canvassing centers and from the city
32 
canvassing centers, in case of cities comprising one or more legislative districts, or the
33 
results contained in the data storage devices under the automated system and
34 
certificate of canvass under the manual counting system submitted by the board of
35 
canvassers of the provinces or cities comprising one or more legislative district. Upon
36 
completion of the canvass, it shall produce the certificates of canvass for president,
37 
vice president, senators, and party-list representatives, and thereafter, proclaim the
38 
elected regional officials.
39 
The municipal, city, district, provincial, and, whenever applicable, regional
40 
certificates of canvass of votes shall each be supported by a statement of votes.
108


1 
Within one hour after the canvassing, the chairperson of the district or
2 
provincial board of canvassers or the city board of canvassers of those cities which
3 
comprise one or more legislative districts or the regional board of canvassers shall
4 
electronically transmit the certificate of canvass under the automated system to the
5 
Commission sitting as the national board of canvassers for senators and party-list
6 
representatives and to the Congress as the National Board of Canvassers for the
7 
president and vice-president, directed to the President of the Senate. Thereafter, the
8 
Certificate of Canvass under the manual system shall also be transmitted, through the
9 
fastest means available, to the same national board of canvassers.
10 
The Commission shall adopt adequate and effective measures to preserve the
11 
integrity of the certificates of canvass transmitted electronically and the results in the
12 
storage devices at the various levels of the boards of canvassers.
13 
The certificates of canvass transmitted electronically and digitally signed shall
14 
be considered as official election results and shall be used as basis for the proclamation
15 
of a winning candidate: Provided, That in case of recount, as provided under Section
16 
215, the Commission shall devise a system where the results reflected in said
17 
certificate of canvass will be adjusted based on the results of the recount without,
18 
however, changing the entries in such electronically transmitted and digitally signed
19 
certificate of canvass.
20 
SEC. 235. Number of Copies of Certificates of Canvass of Votes and their
21 
distribution. -
22 
(a) The certificates of canvass of votes under the automated system and under the
23 
manual counting system, respectively, for president, vice-president, senators,
24 
members of the House of Representatives, parties, organization or coalitions
25 
participating under the party-list system, elective regional officials, and elective
26 
provincial officials shall be produced by the city or municipal board of
27 
canvassers and distributed as follows:
28 
(1) The first copy shall be delivered to the provincial board of canvassers for
29 
use in the canvass of election results for president, vice-president,
30 
senators, members of the House of Representatives, parties, organization
31 
or coalitions participating under the party-list system and elective
32 
provincial officials;
33 
(2) The second copy shall be sent to the Commission;
34 
(3) The third copy shall be kept by the chairperson of the board; and
35 
(4) The fourth copy shall be given to the citizen arm designated by the
36 
Commission to conduct an unofficial count. It shall be the duty of the
37 
citizens' arm to furnish independent candidates' copies of the certificate
38 
of canvass at the expense of the requesting party.
109


1 
(5) The fifth copy to Congress, directed to the President of Senate;
2 
(6) The sixth copy to be posted on a wall within the premises of the
3 
canvassing center;
4 
(7) The seventh and eighth copies shall be given to the dominant majority
5 
and minority parties; and
6 
(8) The ninth to twelfth copies, to national broadcast or print media entities
7 
as may be equitably determined by the Commission in view of propagating
8 
the copies to the widest extent possible.
9 
The board of canvassers shall furnish all other registered parties copies of the
10 
certificates of canvass at the expense of the requesting party.
11 
(b) The certificates of canvass of votes for president, vice-president and senators,
12 
parties, organization or coalitions participating under the party-list system shall
13 
be produced by the city boards of canvassers of cities comprising one or more
14 
legislative districts, by provincial boards of canvassers, by district boards of
15 
canvassers in the Metro Manila area and other highly urbanized areas, and by
16 
the regional board of canvassers, whenever applicable, and shall be distributed
17 
as follows:
18 
(1) The first copy shall be sent to Congress, directed to the president of the
19 
Senate for use in the canvass of election results for president and vice-
20 
president;
21 
(2) The second copy shall be sent to the Commission for use in the canvass
22 
of the election results for senators;
23 
(3) The third copy shall be kept the chairperson of the board; and
24 
(4) The fourth copy shall be given to the citizens' arm designated by the
25 
Commission to conduct an unofficial count. It shall be the duty of the
26 
citizens' arm to furnish independent candidates copies of the certificate of
27 
canvass at the expense of the requesting party.
28 
(5) The fifth copy to Congress, directed to the President of the Senate;
29 
(6) The sixth copy to be posted on a wall within the premises of the
30 
canvassing center;
31 
(7) The seventh and eight copies to the dominant majority and minority
32 
parties; and
33 
(8) The ninth to twelfth copies to broadcast media entities as may be
34 
equitably determined by the Commission in view of propagating the copies
35 
to the widest extent possible.
110


1 
The board of canvassers shall furnish all other registered parties' copies of the
2 
certificate of canvass at the expense of the requesting party.
3 
(c) The certificates of canvass printed and completed by the regional, provincial,
4 
district, city or municipal boards of canvassers shall be signed and thumb
5 
marked by the chairman and members of the board and the principal watchers,
6 
if available. Thereafter, it shall be sealed and placed inside an envelope which
7 
shall likewise be properly sealed.
8 
In all instances, where the board of Canvassers has the duty to furnish
9 
registered political parties with copies of the certificate of canvass, the pertinent
10 
election returns shall be attached thereto, where appropriate.
11 
Immediately after the sixth copy and its supporting statement of votes are
12 
printed, the chairman of the board of canvassers shall announce the posting of said
13 
prints on a wall within the premises of the canvassing center, which must be
14 
sufficiently lighted and accessible to the public. Any person may view or capture an
15 
image of the Certificate of Canvass or the supporting statement of votes by means of
16 
any data capturing device such as, but not limited to, cameras at any time of the day
17 
for forty-eight (48) hours following the posting. After such period, the chairman of the
18 
board of canvassers shall detach the certificates of canvass from the wail and keep
19 
the same in his custody to be produced as may be requested by any voter for image
20 
or data capturing or for any lawful purpose as may be ordered by competent authority.
21 
SEC. 236. National Board of Canvassers for Senators and Party-List
22 
Representatives. - The chairperson and members of the Commission on Election sitting
23 
en banc, shall compose the national board of canvassers for senators and party-list
24 
representatives. It shall canvass the results by consolidating the certificates of canvass
25 
electronically transmitted under the automated system and the transmitted certificate
26 
of canvass under the manual counting system. Thereafter, the national board shall
27 
proclaim the winning candidates for senators and party-list representatives.
28 
SEC. 237. Congress as the National Board of Canvassers for President and
29 
Vice-President - The Senate and the House of Representatives in joint public session
30 
shall compose the national board of canvassers for president and vice-president. The
31 
certificate of canvass for president and vice-president duly certified by the board of
32 
canvassers of each province or city, shall be electronically transmitted, in case of the
33 
automated system, and manuaily delivered, in the case of the manual counting
34 
system, to the Congress, directed to the president of the Senate. Upon receipt of the
35 
certificates of canvass, the President of the Senate shall, not later than thirty (30)
36 
days after the day of the election, open all the certificates in the presence of the
37 
Senate and the House of representatives in joint public session and the Congress upon
38 
determination of the authenticity and the due execution thereof in the manner
39 
provided by law, canvass all the results for 
president and vice-president and
40 
thereafter, proclaim the winning candidates.
Ill


1 
SEC. 238. Determination of Authenticity and Due Execution of Certificates of
2 
Canvass. - Congress or the Commission en banc, as the case may be, shall determine
3 
the authenticity and due execution of the certificates of canvass, as accomplished and
4 
transmitted to it by the local boards of canvassers, on a showing that: (1) each
5 
certificate of canvass was executed, signed and thumbmarked by the chairman and
6 
member of the board of canvassers and transmitted or caused to be transmitted to
7 
Congress by them; (2) each certificate of canvass contains the names of all of the
8 
candidates for president and vice - president or senator and the party-list groups, as
9 
the case may be, and their corresponding votes In words and their corresponding
10 
votes in words and In figures; (3) there exists no discrepancy in other authentic copies
11 
of the document such as statement of votes of any of its supporting document such
12 
as statement of votes by city/municipality/by precinct or discrepancy in the votes of
13 
any candidate in words and figures in the certificate; and (4) there exist no
14 
discrepancy in the votes of any candidate in words and figures in the certificates of
15 
canvass against the aggregate number of votes appearing in the election returns of
16 
precincts covered by the certificate of canvass: Provided, That certified print copies of
17 
election returns or certificates of canvass may be used for the purpose of verifying the
18 
existence of the discrepancy.
19 
When the certificate of canvass, duly certified by the board of canvassers of
20 
each province, city, district, or autonomous region, appears to be incomplete, the
21 
Senate President or the Chairman of the Commission, as the case may be, shall require
22 
the board of canvassers concerned to transmit by personal delivery, the election
23 
returns from polling places that were not included in the certificate of canvass and
24 
supporting statements. Said election returns shall be submitted by personal delivery
25 
within two (2) days from receipt of notice.
26 
When it appears that any certificate of canvass or supporting statement of votes
27 
by city/municipality or by precinct bears erasures or alterations which may cast doubt
28 
as to the veracity of the number of votes stated herein and may affect the result of
29 
the election, upon request of the presidential, vice-presidential senatorial candidate,
30 
or his party, or the party-list group concerned. Congress or the Commission en banc,
31 
as the case may be, shall, for the sole purpose of verifying the actual number of votes
32 
cast for President and Vice-President, senator or the party-list system, count the votes
33 
as they appear in the copies of the election returns submitted to it.
34 
In case of any discrepancy, incompleteness, erasure or alteration as mentioned
35 
above, the procedure on pre-proclamation controversies shall be adopted and applied
36 
as provided in this Code.
37 
Any person who presents in evidence a simulated copy of an election return,
38 
certificate of canvass or statement of votes, or a printed copy of an election return,
39 
certificate of canvass or statement of votes bearing a simulated certification or a
40 
simulated image, shall be guilty of an election offense.
112


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
SEC. 239. Communication Channels for Electronic Transmission. - All electronic 
transmission of the election returns, certificates of canvass and its supporting 
statements, and other related documents shall utilize secure transmission channels 
with the following minimum security objectives:
(a) Strong authentication- each entity in the communications channel must prove 
its identity to the other by demonstrating knowledge of a key associated with 
the entity without revealing the key itself during the protocol;
(b) Manual entity authentication;
(c) Data origin authentication;
(d) Data integrity;
(e) Non-reputation of origin;
(f) Anti-replay- an election return or certificate of canvass once processed cannot 
be resent to be reprocessed at a later time. In case of re-transmission, the 
Board of Canvassers should authenticate themselves to the receiving computer, 
and authorize the non-processing of the previous transmission/s to receive the 
new transmission. Both election returns or certificates of canvass or any 
election result shall be kept in the system for record-keeping; and
(g) Auditability of transmission post-election- all records of transmission saved on 
all the servers shall be stored and copies furnished the Joint Congressional 
Oversight Committee on the Hybrid Election System and Department of 
Information and Technology in its original entirety. The Commission shall 
digitally sign said copies and certify under oath as to its authenticity and 
integrity.
The Commission is hereby authorized to procure the necessary equipment, 
facilities, and services for putting up the electronic transmission system in order to 
effectively implement the provisions of this Code.
The aggregator for the purpose of transmission should not be the same as the 
supplier of the machines used for the automated election system.
SEC. 240. Safekeeping of the physical copies of election returns or certificates 
of canvass and the devices containing such documents. - After canvassing or 
consolidation of results by the board of canvassers, it shall place the election returns, 
certificates of canvass, and electronic storage devices containing such documents, 
which are designated to be kept by the board of canvassers concerned or by such 
board's chairperson in ballot boxes that shall be locked with three (3) padlocks and 
one serially-numbered self-locking seal. The Members of the Board of Canvassers shall 
each keep a key to the three (3) padlocks. The serial number of every seal used shall 
be entered in the Minutes.
113


1 
The said bailot boxes shall be kept in a safe and secured room before, during
2 
and after the canvass. The door to the room shall be locked with three (3) padlocks
3 
with the keys thereof kept by each Member of the Board of Canvassers.
4 
The watchers shall have the right to guard the room.
5 
SEC. 241. Persons not allowed inside the canvassing venue. - During the
6 
canvass, it shall be unlawful for the following persons to enter the canvassing venue
7 
where the transmission, consolidation and canvass are being held or to stay within a
8 
radius of fifty (50) meters from such canvassing venue:
9 
(1) Any officer or member of the Armed Forces of the Philippines;
10 
(2) Any officer or member of the Philippine National Police;
11 
(3) Any peace officer or any armed or unarmed persons belonging to an extra-legal
12 
police agency, special forces, strike forces, or Civilian Armed Force
13 
Geographical Units (CAFGU), or its equivalent;
14 
(4) Any barangay tanod dr any member of barangay self-defense units;
15 
(5) Any member of the security or police organizations of government agencies,
16 
commissions, councils, bureaus, offices, instrumentalities, or government-
17 
owned or controlled corporations or their subsidiaries; or
18 
(6) Any member of a privately-owned or operated security, investigative, protective
19 
or intelligence agency performing identical or similar functions.
20 
However, the Board of Canvassers may, whenever necessary, by majority vote,
21 
direct in writing for the detail of police officers or peace officers for their protection or
22 
for the protection of the machines, election documents and paraphernalia, or for the
23 
maintenance of peace and order, in which case said police officers or peace officers,
24 
who shall be in proper uniform, shall stay outside the room but near enough to be
25 
easily called by the Board of Canvassers at any time.
26 
SEC. 242. When the election returns are delayed, lost or destroyed. - In case
27 
its copy of the election returns is missing, the board of canvassers shall, by messenger
28 
or otherwise, obtain such missing election returns from the board of election
29 
inspectors concerned, or if said returns have been lost or destroyed, the board of
30 
canvassers, upon prior authority of the Commission, may use any of the authentic
31 
copies of said election returns or a certified copy of said election returns issued by the
32 
Commission, and forthwith direct its representative to investigate the case and
33 
immediately report the matter to the Commission.
34 
The board of canvassers, notwithstanding the fact that not all the election
35 
returns have been received by it, may terminate the canvass and proclaim the
36 
candidates elected on the basis of the available election returns if the missing election
37 
returns will not affect the results of the election.
114


1 
SEC. 243. Material defects in the election returns. - If it should clearly appear
2 
that some requisites in form or data had been omitted in the election returns for the
3 
manual count or manual recount, the Board of Canvassers shall call for all the
4 
members of the board of the electoral board concerned by the most expeditious
5 
means, for the same board to effect the correction and thereafter affix their initials
6 
therein: Provided, That if the omission in the election returns pertains to the votes of
7 
a candidate or candidates and the result of the manual count cannot be ascertained
8 
by other means except by recounting the ballots, the Commission, after satisfying
9 
itself that the identity and integrity of the ballot box have not been violated, shall
10 
order the electoral board to open the ballot box, and, also after satisfying itself that
11 
the integrity of the ballots therein has been duly preserved, order the board of
12 
electoral board to recount the votes for the candidate or candidates whose votes have
13 
been omitted with notice thereof to all candidates for the position involved and
14 
thereafter complete the returns.
15 
The right of a candidate to avail of this provision shall not be lost or affected
16 
by the fact that an election protest is subsequently filed by any of the candidates.
17 
SEC. 244. When election returns appear to be tampered with or falsified. - If
18 
the election returns that is submitted to the board of canvassers appear to be
19 
tampered with, altered or falsified after they have left the hands of the electoral board,
20 
or otherwise not authentic, or were prepared by the electoral board under duress,
21 
force, intimidation, or prepared by persons other than the member of the electoral
22 
board, the certificate of votes shall be the primary evidence to prove tampering,
23 
alteration, falsification or any anomaly committed in the election returns concerned,
24 
when duly authenticated by testimonial or documentary evidence presented to the
25 
board of canvassers by at least two members of the electoral board who issued the
26 
certificate: Provided, That upon a showing that the electoral board failed to issue said
27 
certificates or that such certificates were prepared under duress, other evidence of
28 
tampering, alteration, or falsification, or any anomaly, as may be admissible in the
29 
Rules of Court, may be resorted to.
30 
SEC. 245. Discrepancies in election returns. - In case it appears to the board
31 
of canvassers that there exists discrepancies in the other authentic copies of the
32 
election returns or discrepancies in the votes of any candidate in words and figures in
33 
the same return, and in either case the difference affects the results of the election,
34 
the Commission shall, upon motion of the board of canvassers or by any affected
35 
candidate and after due notice to all candidates concerned, summarily determine the
36 
true result of the counting of votes using the certificates of votes: Provided, That In
37 
case there is proof that the electoral board concerned failed to issue aforesaid
38 
certificates or that such certificates were issued under duress, the Commission may
39 
base its determination on other pieces of evidence: Provided further. That in case
40 
there is no other means of determining the true results of the counting, the
115


1 
Commission shall proceed summarily to determine whether the integrity of the ballot
2 
box had been preserved, and once satisfied thereof shall order the opening of the
3 
ballot box to recount the votes cast in the polling place solely for the purpose of
4 
determining the true result of the count of votes of the candidates concerned.
5 
SEC. 246. Failure of the electoral board to conduct a manual recount - If it
6 
appears from the election returns that the electoral board should have conducted a
7 
manual recount, as provided under Section 215 of this Code, the Commission shall,
8 
upon motion of the Board of Canvassers or any affected party, order the electoral
9 
board concerned to conduct a manual recount. If the failure of the electoral board to
10 
conduct a recount is due to errors in the tabulation in the election returns, the
11 
Commission shall order the correction of the election returns and the conduct of a
12 
manual recount.
13 
Deliberate failure or refusal of the Electoral Board to conduct a recount as
14 
provided under Section 215 of this Code shall constitute an election offense.
15 
SEC. 247. Canvass of remaining or unquestioned returns to continue. - In
16 
cases where there are questioned election returns, the board of canvassers shall
17 
continue the canvass of the remaining or unquestioned election returns. If, after the
18 
canvass of all the said returns, it should be determined that the returns which have
19 
been set aside will affect the result of the election, no proclamation shall be made
20 
except upon orders of the Commission after due notice and hearing. Any proclamation
21 
made in violation hereof shall be null and void.
22 
SEC. 248. Watchers; Qualifications and Disqualifications; Rights and Duties. -
23 
Each registered political party, or coalition of political parties fielding candidates,
24 
accredited political parties, party-list groups, and every candidate, shall be entitled to
25 
one watcher in every canvassing center: Provided, That the candidates for the
26 
Sangguniang Bayan, Sangguniang Panlungsod, or Sangguniang Panlalawigan
27 
belonging to the same slate or ticket shall collectively be entitled to only one watcher.
28 
The duly accredited citizens' arm, or other organizations with prior authority of the
29 
Commission, shall be entitled to two (2) watchers to serve alternately.
30 
If the space in a canvassing center reserved for watchers is insufficient,
31 
preference shall be given to the watchers of the dominant majority and dominant
32 
minority parties, as determined by the Commission, and the duly accredited citizens'
33 
arm.
34 
No person shall be appointed as a watcher unless said person: (a) is a
35 
registered voter of the city or municipality; (b) is of good moral character; (c) has not
36 
been convicted by final judgement of any election offense or of any other crime; (d)
37 
knows how to read and write Filipino, English or the prevailing local dialect; and (e) is
38 
not related within the fourth (4th) civil degree of consanguinity or affinity to any
39 
member of the Board of Canvassers, the Information Technology Support Personnel,
116


1 
members of the Reception and Custody Group, and other support personnel of the
2 
Board of Canvassers.
3 
Upon entering the canvassing venue, the watchers shall present to the
4 
Chairperson of the Board of Canvassers their appointments, and proof that they are
5 
registered voters of the city or municipality where they are assigned. Their names
6 
shall be recorded in the Minutes with a notation under their signatures that they are
7 
not disqualified to serve as such under the immediately preceding paragraph.
8 
The watchers shall have the right to:
9 
(a) Be present at, and take note of, all the proceedings of the Board of Canvassers;
10 
(b) Stay at the designated watchers' area; and
11 
(c) File a protest in writing, against any irregularity noted in the
12 
consolidation/canvass of the election returns/certificates of canvass and obtain
13 
from the Board of Canvassers a resolution thereon in writing.
14 
Watchers shall not be allowed to participate in the deliberation and proceedings
15 
of the Board of Canvassers.
16
17 
Article 22
18 
Proclamation
19 
SEC. 249. Proclamation of the President-elect and Vice-President-elect - Upon
20 
the completion of the canvass of the votes by the Congress, the persons obtaining the
21 
highest number of votes for President and for Vice-President shall be proclaimed
22 
elected. In case two or more shall have an equal and the highest number of votes,
23 
one of them shall forthwith be chosen by the vote of a majority of all the Members of
24 
both Houses of the Congress, voting separately.
25 
SEC. 250. Proclamation of the Senators and Party-iist Representatives. - Upon
26 
the completion of the canvass by the Commission en banc, the qualified candidates
27 
corresponding to the number of Senators to be elected who receive the highest
28 
number of votes shall be proclaimed.
29 
The nominees of the national or regional political party, coalition of political
30 
parties, sectoral party or organization participating in party-list election, in accordance
31 
with the number of seats allocated for the particular party, organization or coalition,
32 
and strictly in the order of the list of nominees submitted by them to the Commission,
33 
shall be proclaimed.
34 
SEC. 251. Proclamation of District Representatives and Local Officials. - Upon
35 
the completion of canvass by the city, municipal, provincial, or district board of
36 
canvassers, the qualified candidate receiving the highest number of votes for the
117


1 
position of governor, vice-governor, mayor, vice-mayor, or member of the House of
2 
Representatives, as the case may be, shall be proclaimed.
3 
In the case of the position of member of the Sangguniang Panlalawigan,
4 
Sangguniang Panlungsod, Sangguniang Bayan or, whenever applicable, of the
5 
regional parliament, the qualified candidates corresponding to the number of members
6 
to be elected in the Sangguniang or parliament concerned who receive the highest
7 
number of votes shall be proclaimed.
8 
SEC. 252. The proclamation mentioned in the three preceding sections shall
9 
be made only upon submission of all certificates of canvass unless the missing
10 
certificates of canvass will not affect the results of the election.
11 
SEC. 253. Proclamation of a lone candidate in a special election. - Upon the
12 
expiration of the deadline for the filing of the certificates of candidacy in a special
13 
election called to fill a vacancy in an elective position other than for President and Vice
14 
President, when there is only one (1) qualified candidate for such position, the lone
15 
candidate shall be proclaimed elected to the position by proper proclaiming body of
16 
the Commission without holding the special election upon certification by the
17 
Commission that he or she is the only candidate for the office and is thereby deemed
18 
elected.
19 
SEC. 254. Election resulting in tie. - Except when otherwise provided
20 
elsewhere in this Code, whenever it shall appear from the canvass that two or more
21 
candidates have received an equal and highest number of votes, or in cases where
22 
two or more candidates are to be elected for the same position and two or more
23 
candidates received the same number of votes for the last place in the number to be
24 
elected, the board of canvassers, after recording this fact in its minutes, shall by
25 
resolution, upon five days' notice to all the tied candidates, hold a special public
26 
meeting at which the board of canvassers shall proceed to the drawing of lots of the
27 
candidates who have tied and shall proclaim as elected the candidates who may be
28 
favored by luck, and the candidates so proclaimed shall have the right to assume office
29 
in the same manner as if he had been elected by plurality of vote. The board of
30 
canvassers shall forthwith make a certificate stating the name of the candidate who
31 
had been favored by luck and his proclamation on the basis thereof.
32 
Nothing in this section shall be construed as depriving a candidate of his right
33 
to contest the election.
34
35 
CHAPTER VI
36 
OVERSEAS REGISTRATION, VOTING, COUNTING, AND CANVASSING
37
38 
Article 23
118


1 
Registration for Overseas Voting
2 
SEC. 255. Coverage. - All citizens of the Philippines abroad, who are not
3 
otherwise disqualified by law, at least eighteen (18) years of age on the day of
4 
elections, may register for overseas voting and vote for President, Vice-President,
5 
Senators and Party-List Representatives, as well as in all national referenda and
6 
plebiscites.
7 
Ail persons who, at the time of the effectivity of this Code, are already
8 
registered as overseas voters, need not register anew in order to avail of overseas
9 
voting.
10 
SEC. 256. Disqualifications. - The following shall be disqualified from
11 
registering and voting under this Chapter:
12 
(a) Those who have lost their Filipino citizenship in accordance with Philippine
13 
laws;
14 
(b) Those who have expressly renounced their Philippine citizenship and who have
15 
pledged allegiance to a foreign country, except those who have reacquired or
16 
retained their Philippine citizenship under Republic Act No. 9225, otherwise
17 
known as the 'Citizenship Retention and Reacquisition Act of 2003';
18 
(c) Those who have committed and are convicted in a final Judgment by a
19 
Philippine court or tribunal of an offense punishable by imprisonment of not
20 
less than one (1) year, such disability not having been removed by plenary
21 
pardon or amnesty: Provided, however, That any person disqualified to vote
22 
under this subsection shall automatically acquire the right to vote upon the
23 
expiration of five (5) years after service of sentence; or
24 
(d) Any citizen of the Philippines abroad previously declared insane or incompetent
25 
by competent authority in the Philippines or abroad, as verified by the Philippine
26 
embassies, consulates or foreign service establishments concerned, unless
27 
such competent authority subsequently certifies that such person is no longer
28 
insane or incompetent.
29 
SEC. 257. Personai Overseas Registration and/or Certification. - Registration
30 
and/or certification as an overseas voter shall be done in person at any post abroad
31 
or at designated registration centers outside the post or in the Philippines approved
32 
by the Commission.
33 
Field and mobile registration centers shall be set up by the posts concerned to
34 
ensure accessibility by the overseas voters.
35 
Ail applicants shall submit themselves for live capture of their biometrics.
36 
SEC. 258. Resident Election Registration Board (RERB); Composition,
37 
Appointment, Disqualification and Compensation. - The RERB shall be composed of
38 
the following:
119


1 
(a) A career official of the Department of Foreign Affairs, as Chairperson;
2 
(b) The most senior officer from the Department of Labor and Employment (DOLE)
3 
or any government agency of the Philippines maintaining offices abroad, as
4 
member: Provided, That in case of disqualification or nonavailability of the most
5 
senior officer from the DOLE or any government agency of the Philippines
6 
maintaining offices abroad, the Commission shall designate a career official
7 
from the embassy or consulate concerned; and
8 
(c) A registered overseas voter of known probity, as member.
9 
The Commission shall appoint the members of the RERB upon the
10 
recommendation of the Department of Foreign Affairs-Overseas Voting Secretariat
11 
(D FA-0 VS).
12 
The RERB in the Office for Overseas Voting (OFOV) shall be based in the main
13 
office of the Commission and shall be composed of a senior official of the Commission
14 
as the Chairperson and one (1) member each from the DFA and the DOLE, whose
15 
rank shall not be lower than a division chief or its equivalent.
16 
No member of the RERB shall be related to each other or to an incumbent
17 
President, Vice-President, Senator or Member of the House of Representatives
18 
representing the party-list system of representation, within the fourth civil degree of
19 
consanguinity or affinity.
20 
Each member of the RERB shall be entitled to an honorarium at the rates
21 
approved by the Department of Budget and Management (DBM).
22 
SEC. 259. Duties and Functions of the RERB. - The RERB shall have the
23 
following duties and functions:
24 
(a) Post in the bulletin boards of the embassy or consulates or at the OFOV, as the
25 
case may be, and in their respective websites, the names of the applicants and
26 
the dates when their applications shall be heard, as well as the place where the
27 
RERB will hold its hearing;
28 
(b) Notify, through the OFOV, all political parties and other parties concerned of
29 
the pending applications through a weekly updated publication in the website
30 
of the Commission;
31 
(c) Act on ail applications received;
32 
(d) Notify all applicants, whose applications have been disapproved, stating the
33 
reasons for such disapproval;
34 
(e) Prepare a list of all approved applications during each hearing and post the
35 
same at the bulletin boards of the embassy or consulates or at the OFOV, as
36 
the case may be, and in their respective websites;
37 
(f) Deactivate the registration records of overseas voters; and
120


1 
(g) Perform such other duties as may be consistent with its functions as provided
2 
under this Act.
3 
SEC. 260. National Registry of Overseas Voters (NROV). - The Commission
4 
shall maintain a National Registry of Overseas Voters or NROV containing the names
5 
of registered overseas voters and the posts where they are registered.
6 
Likewise, the Commission shall maintain a registry of voters (ROV) per
7 
municipality, city or district containing the names of registered overseas voters
8 
domiciled therein. The Commission shall provide each and every municipality, city or
9 
district with a copy of their respective ROVS for their reference.
10 
SEC. 261. Preparation and Posting of Certified List of Overseas Voters. - The
11 
Commission shall prepare the Certified List of Overseas Voters or CLOV not later than
12 
ninety (90) days before the start of the overseas voting period, and furnish within the
13 
same period electronic and hard copies thereof to the appropriate posts, which shall
14 
post the same in their bulletin boards and/or websites within ten (10) days from
15 
receipt thereof.
16 
Subject to reasonable regulation and the payment of fees in such amounts as
17 
may be fixed by the Commission, the candidates, political parties, accredited citizens'
18 
arms, and all other interested persons shall be furnished copies thereof: Provided,
19 
That nongovernmental organizations and other civil society organizations accredited
20 
by and working with the Commission as partners on overseas voters' education and
21 
participation shall be exempt from the payment of fees.
22 
SEC. 262. Requirements for Registration. - Every registrant for overseas
23 
voting shall be required to furnish the following documents:
24 
(a) A valid Philippine passport. In the absence of a valid passport, a certification of
25 
the DFA that it has reviewed the appropriate documents submitted by the
26 
applicant and has found them sufficient to warrant the issuance of a passport,
27 
or that the applicant is a holder of a valid passport but is unable to produce the
28 
same for a valid reason;
29 
(b) Accomplished registration form prescribed by the Commission; and
30 
(c) Applicants who availed themselves of the 'Citizen Retention and Reacquisition
31 
Act' (Republic Act No. 9225) shall present the original or certified true copy of
32 
the order of approval of their application to retain or reacquire their Filipino
33 
citizenship issued by the post or their identification certificate issued by the
34 
Bureau of Immigration.
35 
The Commission may also require, additional data to facilitate registration and
36 
recording. No information other than those necessary to establish the identity and
37 
qualification of the applicant shall be required.
121


1 
All applications for registration and/or certification as an overseas voter shall
2 
be considered as applications to vote overseas. An overseas voter is presumed to be
3 
abroad until she/he applies for transfer of her/his registration records or requests that
4 
her/his name be cancelled from the National Registry of Overseas Voters.
5 
SEC. 263. Deactivation and Reactivation of Registration. - The RERB shall
6 
deactivate and remove the registration records of persons who suffer from any of the
7 
causes of deactivation provided for in Section 46 of this Code. The fact of deactivation
8 
shall be annotated in the NROV and the corresponding ROV.
9 
Any overseas voter whose registration has been deactivated pursuant to the
10 
preceding section may file with the RERB at any time, but not later than one hundred
11 
twenty (120) days before the start of the overseas voting period, a sworn application
12 
for reactivation of registration stating that the grounds for the deactivation no longer
13 
exist.
14 
SEC. 264. Canceiiation of Registration. - The RERB shall cancel the registration
15 
records of those who have died, as certified by either the posts or by the local civil
16 
registrar, and those who have been proven to have lost their Filipino citizenship.
17 
SEC. 265. Voters Exciuded from the NROV Through Inadvertence. - Any
18 
registered overseas voter whose name has been inadvertently omitted from the NROV
19 
may, personally or through an authorized representative, file with the RERB through
20 
the OFOV or the post exercising jurisdiction over the voter's residence, an application
21 
under oath for reinstatement not later than one hundred twenty (120) days before
22 
the start of the overseas voting period.
23 
The RERB shall resolve the application within one (1) month from receipt
24 
thereof, otherwise the application shall be deemed approved.
25 
SEC. 266. Appiication for Correction of Entries and Change of Name. - Any
26 
registered overseas voter who intends to change her/his name by reason of marriage,
27 
death of husband, or final court judgment; or to correct a mispelled name or any
28 
erroneous entry in the NROV, CLOV and other related documents may, personally or
29 
through an authorized representative, file an application under oath for change of
30 
name or correction of entries with the RERB through the OFOV or the post exercising
31 
jurisdiction over the voter's residence not later than ninety (90) days before the start
32 
of the overseas voting period.
33 
The RERB shall resolve the application within one (1) month from receipt
34 
thereof, otherwise the application shall be deemed approved.
35 
SEC. 267. Transfer of Registration Record. - In the event of change of voting
36 
venue, an application for transfer of registration record must be filed by the overseas
37 
voter with the OFOV at least one hundred eighty (180) days prior to the start of the
38 
overseas voting period: Provided, That those who would eventually vote in the
39 
Philippines should register within the time frame provided for local registration in the
122


1 
municipality, city or district where they intend to vote: Provided, further, That those
2 
who have registered in the municipality, city or district where they resided prior to
3 
their departure abroad need not register anew: Provided, finaliy, That transferees shall
4 
notify the OFOV of their transfer back to the Philippines at least one hundred eighty
5 
(180) days prior to the next national elections for purposes of cancelling their names
6 
from the Certified List of Overseas Voters (CLOV) and of removing their overseas
7 
voter's registration from the book of voters.
8 
SEC. 268. Petition for Exclusion, Motion for Reconsideration, Petition for
9 
Inclusion. -
10 
(a) Petition for Exclusion. - If the application for has been approved, any interested
11 
party may file a petition for exclusion not later than one hundred eighty (180)
12 
days before the start of the overseas voting period with the proper
13 
Municipal/Metropolitan Trial Court in the City of Manila or where the overseas
14 
voter resides in the Philippines, at the option of the petitioner.
15 
The petition shall be decided on the basis of the documents submitted within
16 
fifteen (15) days from its filing, but not later than one hundred twenty (120)
17 
days before the start of the overseas voting period. Should the Court fail to
18 
render a decision within the prescribed period, the ruling of the RERB shall be
19 
considered affirmed.
20 
(b) Motion for Reconsideration. - If the application has been disapproved, the
21 
applicant or the authorized representative shall have the right to file a motion
22 
for reconsideration before the RERB within a period of five (5) days from receipt
23 
of the notice of disapproval. The motion shall be decided within five (5) days
24 
after its filing on the basis of documents submitted but not later than one
25 
hundred twenty (120) days before the start of the overseas voting period. The
26 
resolution of the RERB shall be immediately executory, unless reversed or set
27 
aside by the Court.
28 
(c) Petition for Inclusion. - Within ten (10) days from receipt of notice denying the
29 
motion for reconsideration, the applicant may file a petition for inclusion with
30 
the proper Municipal/Metropolitan Trial Court in the City of Manila or where the
31 
overseas voter resides in the Philippines, at the option of the petitioner.
32 
The petition shall be decided on the basis of the documents submitted within
33 
fifteen (15) days from filing, but not later than one hundred twenty (120) days before
34 
the start of the overseas voting period. Should the Court fail to render a decision
35 
within the prescribed period, the RERB ruling shall be considered affirmed.
36 
Qualified Philippine citizens abroad who have previously registered as voters
37 
pursuant to Republic Act No. 8189, otherwise known as the 'Voter's Registration Act
38 
of 1996', shall apply for certification as overseas voters and for inclusion in the
39 
National Registry of Overseas Voters (NROV). In case of approval, the Election Officer
123


1 
concerned shall annotate the fact of registration/certification as overseas voter before
2 
the voter's name as appearing in the certified voters' list and in the voter's registration
3 
records.
4 
SEC. 269. System of Continuing Registration. - The Commission shall ensure
5 
that the benefits of the system of continuing registration are extended to qualified
6 
overseas voters. Registration shall commence not later than six (6) months after the
7 
conduct of the last national elections. Towards this end, the Commission shall be
8 
authorized to utilize and optimize the use of existing facilities, personnel and
9 
mechanisms of the various government agencies for purposes of data gathering and
10 
validation, information dissemination and facilitation of the registration process,
11 
subject to the pertinent provisions of R.A. 10173.
12 
Pre-departure Orientation Seminars (PDOS), services and mechanisms offered
13 
and administered by the DFA, the DOLE, the Philippine Overseas Employment
14 
Administration (POEA), the Overseas Workers' Welfare Administration (OWWA), the
15 
Commission on Filipinos Overseas and by other appropriate agencies of the
16 
government and private agencies providing the same services shall include the salient
17 
features of this Chapter and shall be utilized for purposes of supporting the overseas
18 
registration and voting processes.
19 
All employment contracts processed and approved by the POEA shall state the
20 
right of migrant workers to exercise their constitutional right of suffrage within the
21 
limits provided for by this Chapter.
22 
SEC. 270. Notice of Registration and Eiection. - The Commission shall, through
23 
the posts cause the publication in a newspaper of general circulation of the place, date
24 
and time of the holding of a regular or special national election and the requirements
25 
for the participation of qualified citizens of the Philippines abroad, at least six (6)
26 
months before the date set for the filing of applications for registration.
27 
The Commission shall determine the countries where publication shall be made,
28 
and the frequency thereof, taking into consideration the number of overseas Filipinos
29 
present in such countries. Likewise, the Commission and the DFA shall post the same
30 
in their respective websites.
31
32 
Article 24
33 
Overseas Voting
34 
SEC. 271. The Overseas Voting Period. - The voting period for overseas voting
35 
shall be thirty days, the last day of which, shall be the day of the election in the
36 
Philippines. The overseas voting period shall be continuous and inclusive of established
37 
holidays in the Philippines and of such other holidays in the host countries.
124


1 
SEC. 272. Printing and Transmittai of Baiiots, Voting Instructions, Eiection
2 
Forms and Paraphernaiia. -
3 
The Commission shall cause the printing of ballots for overseas voters and all
4 
other accountable election forms. In the printing of ballots for overseas voting, the
5 
provisions of Section 182 of this Code, insofar as they are applicable, shall be
6 
observed: Provided, That the total number of ballots printed for overseas voting shall
7 
not exceed the total number of registered overseas voters.
8 
The Commission shall present to the authorized representatives of the DFA, the
9 
accredited political or sectoral parties or organization, and the deputized citizen's arms
10 
of the Commission the ballots for overseas voters, voting instructions, election forms
11 
and other election paraphernalia for scrutiny and inspection prior to their transmittal
12 
to the posts.
13 
The Commission shall transmit, as far as practicable, but not later than forty-
14 
five (45) days before the day of elections, by special pouch to all posts the exact
15 
number of ballots for overseas voters corresponding to the number of approved
16 
applications, along with such accountable forms necessary to ensure the secrecy and
17 
integrity of the election.
18 
Authorized representatives of the DFA, the accredited political or sectoral
19 
parties or organization, candidates, and the deputized citizen's arms of the
20 
Commission shall have the right to be present in all phases of printing, transmittal,
21 
and casting of mailed ballots abroad. Unclaimed ballots properly marked as such, shall
22 
be cancelled and shipped to the Commission by the least costly method.
23 
SEC. 273. Reguiation on Campaigning Abroad. - Personal campaigning, the
24 
use of campaign materials, as well as the limits on campaign spending shall be
25 
governed by Article 9 of this Code: Provided, That all forms of campaigning abroad
26 
within the thirty (30)-day overseas voting period shall be prohibited.
27 
SEC. 274. Spedai Eiectorai Board; Constitution and Appointment - The
28 
Commission, through the OFOV, shall, upon recommendation of the DFA-OVS,
29 
constitute in every Post, not later than the start of the campaign period for national
30 
candidates, at least one (1) special electoral board, which shall be composed of a
31 
chairperson, a poll clerk, and the third member. They shall be officers and members
32 
of the foreign service post, including attaches of other Philippine Government
33 
Agencies, posted aboard and deputized by the Commission.
34 
The chairperson, poll clerk, or third member of the special electoral board shall
35 
have the same qualifications and shall be subject to the same disqualifications as
36 
members of the electoral board.
37 
SEC. 275. Quaiifications and Disquaiifications of Members of the Spedai
38 
Eiectorai Board. - No person shall be appointed as chairperson, poll clerk, or third
39 
member of the special electoral board, whether regular or substitute, unless:
125


1 
(a) Such person Is of good moral character and irreproachable reputation;
2 
(b) He or she is citizen of the Philippines physically residing aboard;
3 
(c) He or she has never been convicted of any election offense or of any other
4 
crime punishable by more than six (6) months of imprisonment and has no
5 
pending case in court for any election offense; and
6 
(d) Such person is able to speak and write Filipino or English
7 
Any career public officer posted abroad, appointed or designated by the
8 
Commission, as the case may be, shall be the Chairperson. In the absence of other
9 
government officers, the two (2) other members shall be citizens of the Philippines
10 
who are registered overseas voters and deputized by the Commission.
11 
The chairperson and members of the special electoral board shall be subject to
12 
the same disqualifications as the members of the electoral board.
13 
SEC. 276. Powers and functions of the special electoral board. - The special
14 
electoral board shall have the following powers/functions:
15 
(a) Conduct the voting and/or counting of votes;
16 
(b) Transmission of the election results;
17 
(c) Act as deputies of the Commission in the supervision and control of the election
18 
in the polling places where they are assigned;
19 
(d) Perform such other functions as may be prescribed by the Commission in
20 
furtherance of the objective to ensure clean, honest, orderly, and credible
21 
elections.
22 
SEC. 277. Special Ballot Reception and Custody Group; Constitution and
23 
Appointment - The Commission, through the OFOV, shall, upon recommendation of
24 
the DFA-OVS, constitute in every Post, not later than the start of the campaign period
25 
for national candidates, a Special Ballot Reception and Custody Group (SBRCG), which
26 
shall be composed of three members.
27 
SEC. 278. Qualifications/Disqualifications of Members/Substitutes of the
28 
SBRCG. - No person shall be appointed as chairperson or member of the SBRCG,
29 
whether regular or substitute, unless:
30 
(a) Such person is of good moral character and irreproachable reputation;
31 
(b) He or she is citizen of the Philippines physically residing aboard;
32 
(c) He or she has never been convicted of any election offense or of any other
33 
crime punishable by more than six (6) months of imprisonment and has no
34 
pending case in court for any election offense;
35 
(d) Such person is able to speak and write Filipino or English; and
126


1 
(e) Such person is from among the staff of the Posts.
2 
In case of shortage of qualified staff of the Posts, citizens of the Philippines
3 
who are registered overseas voters, who are of known probity and competence, may
4 
be appointed as members of the SBRCG: Provided/ That the Chairperson shall be an
5 
officer of member of the foreign service corps.
6 
Members of the SBRCG shall be subject to the same disqualifications as
7 
members of the electoral board.
8 
SEC. 279. Functions of the SBRCG. - The SBRCG shall perform the following
9 
duties and functions:
10 
(a) Receive from the OFOV all accountable and non-accountable election forms,
11 
supplies, paraphernalia, and equipment to be used in voting, counting, and
12 
canvassing;
13 
(b) Verify the quantity and serial numbers of all ballots, election returns, canvassing
14 
forms, and other accountable forms, and equipment received, in the presence
15 
of the head of the Post and the authorized representatives of accredited political
16 
or sectoral parties or organization, candidates, the deputized citizen's arms of
17 
the Commission and Filipino community organizations, if available;
18 
(c) Store all received forms, supplies, and equipment in a secure place;
19 
(d) Perform such other duties and functions as mandated by the Commission as
20 
may be consistent in protecting 
the sanctity of the ballots and other
21 
accountable forms.
22 
SEC. 280. Voting. - Voting may be done either personally, by mail or by any
23 
other means as may be determined by the Commission. For this purpose, the
24 
Commission shall issue the necessary guidelines on the manner and procedures of
25 
voting.
26 
The OFOV, in consultation with the DFA-OVS, shall determine the countries
27 
where voting shall be done by any specific mode, taking into consideration the
28 
following criteria: the number of registered voters, accessibility of the posts, efficiency
29 
of the host country's postal system, and such other circumstances that may affect the
30 
conduct of voting.
31 
The Commission shall announce the specific mode of voting per country/post
32 
at least one hundred twenty (120) days before the start of the overseas voting period.
33 
The Hybrid Election System shall not apply to overseas voting.
34 
SEC. 281. Casting and Submission ofBaiiots. -
35 
(1) Upon receipt by the Special Electoral Board of the ballots for overseas voters,
36 
voting instructions, election forms and other paraphernalia, they shall 
make
37 
these available on the premises to the qualified overseas voters 
in their
127


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
respective jurisdictions during the overseas voting period. Immediately upon 
receiving it, the overseas voter must fill-out her/his ballot personally, in secret, 
without leaving the premises of the posts concerned.
(2) The overseas voter shall personally accomplish her/his ballot at the post that 
has jurisdiction over the country where she/he temporarily resides or at any 
polling place designated and accredited by the Commission.
(3) The overseas voter shall cast her/his ballot, upon verification by the poll clerk 
of the voter's identity and that he or she is entitled to vote in the overseas 
voting. The OFOV, In consultation with the DFA-OVS, shall provide a list of 
documents which may be used to verify the identity of the voters.
(4) All accomplished ballots received shall be placed unopened inside sealed 
containers and kept in a secure place designated by the Commission.
(5) The posts concerned shall keep a complete record of the ballots for overseas 
voters, specifically indicating the number of ballots they actually received, and 
in cases where voting by mail is allowed, the names and addresses of the voters 
to whom these ballots were sent, including proof of receipt thereof. In addition, 
the posts shall submit a formal report to the Commission and the Joint 
Congressional Oversight Committee for Overseas Voting within thirty (30) days 
from the day of elections. Such report shall contain data on the number of 
ballots cast and received by the offices, the number of invalid and unclaimed 
ballots and other pertinent data.
(6) Ballots not claimed by the overseas voters at the posts, in case of personal 
voting, and ballots returned to the posts concerned, in the case of voting by 
mail, shall be cancelled and shipped to the Commission by the least costly 
method within six (6) months from the day of elections.
(7) Only ballots cast, and mailed ballots received by the posts concerned in 
accordance with Section 282 hereof before the close of voting on the day of 
elections shall be counted. All envelopes containing the ballots received by the 
posts^after the prescribed period shall not be opened, and shall be cancelled 
and ^hipped to the Commission by the least costly method within six (6) months 
from the day of elections.
(8) The SBRCG will receive the ballots and take custody of the same preparatory 
to their transmittal to the special electoral board.
(9) The authorized representatives of the political parties, party-list groups, 
candidates, and accredited citizens' arms of the Commission shall be notified in 
writing thereof and shall have the right to witness the proceedings.
128


1 
(10) The Commission shall study the use of electronic mail, internet, or other
2 
secured networks in the casting of votes, and submit a report thereon to the
3 
Joint Congressional Oversight Committee on Overseas Voting.
4 
SEC. 282. Voting by Mail. -
5 
(1) Voting by mail may be allowed in countries that satisfy the following conditions:
6 
(a) Where the mailing system is fairly well-developed and secure to prevent
7 
the occasion of fraud;
8 
(b) Where there exists a technically established identification system that
9 
would preclude multiple or proxy voting; and,
10 
(c) Where the system of reception and custody of mailed ballots in the
11 
embassies, consulates and other foreign service establishments
12 
concerned are adequate and well-secured.
13 
(2) The overseas voter shall send her/his accomplished ballot to the corresponding
14 
post that has jurisdiction over the country where she/he temporarily resides.
15 
She/He shall be entitled to cast her/his ballot at any time upon her/his receipt
16 
thereof: Provided, That the same is received before the close of voting on the
17 
day of elections. The overseas absentee voter shall be instructed that her/his
18 
ballot shall not be counted if not transmitted in the special envelope furnished
19 
her/him.
20 
(3) Only mailed ballots received by the post before the close of voting on the day
21 
of elections shall be counted. All envelopes containing the ballots received by
22 
the posts after the prescribed period shall not be opened, and shall be cancelled
23 
and disposed of appropriately, with a corresponding report thereon submitted
24 
to the Commission not later than thirty (30) days from the day of elections.
25 
SEC. 283. Voting Privilege of Members of the SBEf SBRCG and SBOC -
26 
Government employees posted abroad who will perform election duties as members
27 
of the SBEI, SBCRG and SBOC shall be allowed to vote in their respective posts:
28 
Provided^ That they are registered either in the Philippines or as overseas voters.
29
30 
Article 25
31 
Counting and Canvassing of Overseas Votes
32 
SEC. 284. Special Board of Canvassers; Constitution and Appointment - The
33 
Special Board of Canvassers shall canvass and/or consolidate the overseas election
34 
returns submitted to it be the Special Electoral Board. The Commission, though the
35 
OFOV, in consultation with the DFA-OVS, shall constitute a Special Board of
36 
Canvassers (SBOC) in such Posts as may be necessary to ensure an expedient and
37 
accurate canvassing of the votes.
129


1 
The members of the SBOC shall be composed of the highest-ranking career
2 
officer of the Post as Chairperson, a senior career officer from any of the government
3 
agencies maintaining offices aboard as Vice Chairperson, and another government
4 
officer as Member-Secretary. In the absence of such other government officer, a
5 
citizen of the Philippines qualified to register as an overseas voter and deputized by
6 
the Commission, may be appointed as Member-Secretary.
7 
SEC. 285. Qualifications of Members/Substitutes of the SBOC. - No person
8 
shall be appointed as a Member of the SBOC, whether regular or substitute, unless
9 
such person is:
10 
(a) Of good moral character and irreproachable reputation; and
11 
(b) Able to write and speak in English or Filipino.
12 
SEC. 286. Disqualifications; SBOC. - The following are disqualified from serving
13 
as a member of the SBOC:
14 
(a) Those who are related within the fourth civil degree of consanguinity or affinity
15 
to any member of the same SBOC or to any of the candidates for President,
16 
Vice-President, Senators, or any of the nominees of the party-list groups, or
17 
any of the candidates' or nominees' spouses;
18 
(b) Those who have been convicted of any election offense or any other crime
19 
punishable by more than six (6) months of imprisonment; or
20 
(c) Those who have a pending case filed against them for any election offense.
21 
SEC. 287. On-Site Counting and Canvassing. -
22 
(1) The counting and canvassing of votes shall be conducted on site in the country
23 
where the votes were actually cast, or, in the case of voting by mail, where the
24 
ballots are received from the voters. The opening of the specially-marked
25 
envelopes containing the ballots and the counting and canvassing of votes shall
26 
be conducted within the premises of the embassies, consulates and other
27 
foreign service establishments or in such other places as may be designated by
28 
the Commission pursuant to the Implementing Rules and Regulations.
29 
(2) For these purposes, the Commission shall constitute as many Special Electoral
30 
Boards as may be necessary to conduct and supervise the counting of votes.
31 
All resolutions of the Special Electoral Boards on issues brought before it during
32 
the conduct of its proceedings shall be valid only when they carry the approval
33 
of the Chairman.
34 
Immediately upon the completion of the counting, the Special Electoral Board
35 
shall transmit via facsimile and/or electronic mail the results to the Commission
36 
in Manila and the accredited dominant majority and dominant minority parties.
130


1 
(3) Only ballots cast on, or received by the embassies, consulates and other foreign
2 
service establishments before the close of voting on the day of elections shall
3 
be included in the counting of votes. Those received afterwards shall not be
4 
counted.
5 
(4) Immediately upon the completion of the canvass, the chairperson of the SBOC
6 
shall transmit via facsimile, electronic mail, or any other means of transmission
7 
equally safe and reliable the certificates of canvass and the statements of votes
8 
to the Commission, and shall cause to preserve the same immediately after the
9 
conclusion of the canvass, and make it available upon instructions of the
10 
Commission. The SBOC shall also furnish the accredited dominant majority and
11 
dominant minority political parties and accredited citizens' arms with copies
12 
thereof via facsimile, electronic mail and any other means of transmission
13 
equally safe, secure and reliable.
14 
The certificates of canvass and the accompanying statements of votes as
15 
transmitted via facsimile, electronic mail and any other means of transmission
16 
equally safe, secure and reliable shall be the primary basis for the national
17 
canvass.
18 
(5) The canvass of votes shall not cause the delay of the proclamation of a winning
19 
candidate if the outcome of the election will not be affected by the results
20 
thereof. Notwithstanding the foregoing, the Commission is empowered to order
21 
the proclamation of winning candidates despite the fact that the scheduled
22 
election has not taken place in a particular country or countries, if the holding
23 
of elections therein has been rendered impossible by events, factors and
24 
circumstances peculiar to such country or countries, and which events, factors
25 
and circumstances are beyond the control or influence of the Commission.
26 
(6) In the preparation of the final tally of votes on the results of the national
27 
elections, the Commission shall ensure that the votes canvassed by each and
28 
every country shall be reflected as a separate item from the tally of national
29 
votes. For purposes of this Article, the returns of every election for President
30 
and Vice-President prepared by the SBOCs shall be deemed a certificate of
31 
canvass of a city or a province.
32 
(7) Where feasible, the counting and canvassing of votes shall be automated.
33 
Towards this end, the Commission is hereby authorized to borrow, rent, lease
34 
or acquire automated voting machines for purposes of canvassing and counting
35 
of votes pursuant to the provisions of this Act, and in accordance with the
36 
Implementing Rules and Regulations promulgated by the Commission.
37 
SEC. 288. Support Staff. - The Commission may appoint 
such number of
38 
support personnel as may be necessary to assist the special electoral board and the
39 
SBOC: Provided, That in Posts utilizing the automated election system, there shall be
131


one (1) information and communications technology personnel who shall assist the 
SBOC: Provided further, That such information and communications technology 
personnel shall be deputized by the Commission from among the personnel of the 
Philippine Government agencies, including government-owned and controlled 
corporations, maintaining offices abroad.
7 
Article 26
8 
Other Provisions Pertaining to Overseas Voting
9 
SEC. 289. Joint Congressionai Oversight Committee on Overseas Voting. - A
10 
Joint Congressional Oversight Committee is hereby created, composed of the
11 
Chairperson of the Senate Committee on Electoral Reforms and People's Participation,
12 
and seven (7) other Senators designated by the Senate President, and the Chairperson
13 
of the House Committee on Suffrage and Electoral Reforms, and seven (7) other
14 
Members of the House of Representatives designated by the Speaker of the House of
15 
Representatives: Provided, That, of the seven (7) members to be designated by each
16 
House of Congress, four (4) should come from the majority to include the chair of the
17 
Committee on Foreign Affairs and the remaining three (3) from the minority.
18 
The Joint Congressional Oversight Committee on Overseas Voting shall have
19 
the power to monitor and evaluate the implementation of this Chapter.
20 
SEC. 290. The Office for Overseas Voting and the Overseas Voting Secretariat
21 
- The Office for Overseas Voting of the Commission and the Overseas Voting
22 
Secretariat of the DFA existing prior to the effectivity of this Code shall remain in place.
23 
SEC. 291. Authority to Expiore Other Modes or Systems of Voting. -
24 
Notwithstanding current procedures and systems for the proper implementation of
25 
overseas voting, and in view of the peculiarities attendant to the overseas voting
26 
process, the Commission may explore other more efficient, reliable and secure modes
27 
or systems, ensuring the secrecy and sanctity of the entire process, whether paper-
28 
based, electronic-based or internet-based technology or such other latest technology
29 
available, for onsite and remote registration and elections and submit reports and/or
30 
recommendations to the Joint Congressional Oversight Committee.
31 
SEC. 292. Procurement of Faciiities, Equipment, Materiais, Suppiies or
32 
Services. - To achieve the purpose of this Chapter, the Commission may, likewise,
33 
procure from local or foreign sources, through purchase, lease, rent or other forms of
34 
acquisition, hardware or software, facilities, equipment, materiais, supplies or services
35 
in accordance with existing laws, free from taxes and import duties, subject to
36 
government procurement rules and regulations.
37 
SEC. 293. Information Campaign. - The Commission, in coordination with
38 
agencies concerned, shall undertake an information campaign to educate the public
39 
on the manner of overseas voting for qualified overseas voters. It may require the
132


1 
support and assistance of the DFA, through the posts, the DOLE, the Department of
2 
Information and Communications Technology (DICT), the Philippine Postal
3 
Corporation (PPC), the POEA, the OWWA and the Commission on Filipinos Overseas.
4 
Such information campaign shall educate the Filipino public, within and outside
5 
the Philippines, on the Philippine Electoral System, the rights of overseas voters,
6 
overseas voting processes and other related concerns. Information materials shall be
7 
developed by the Commission for distribution, through the said government agencies
8 
and private organizations. No government agency shall prepare, print, distribute or
9 
post any information material without the prior approval of the Commission.
10 
SEC. 294. Assistance from Government Agencies. - All government officers,
11 
particularly from the DFA, the DOLE, the DICT, the PPC, the POEA, the OWWA, the
12 
Commission on Filipinos Overseas and other government offices concerned with the
13 
welfare of the Filipinos overseas shall, to the extent compatible with their primary
14 
responsibilities, assist the Commission in carrying out the provisions of this Chapter.
15 
All such agencies or officers thereof shall take reasonable measures to expedite all
16 
election activities, which the Commission shall require of them. When necessary, the
17 
Commission may send supervisory teams headed by career officers to assist the posts.
18 
Likewise, consular and diplomatic services rendered in connection with the
19 
overseas voting processes shall be made available at no cost to the overseas voters.
20 
SEC. 295. Security Measures to Safeguard the Secrecy and Sanctity of Ballots.
21 
- At all stages of the electoral process, the Commission shall ensure that the secrecy
22 
and integrity of the ballots are preserved. The OFOV of the Commission shall be
23 
responsible for ensuring the secrecy and sanctity of the overseas voting process. In
24 
the interest of transparency, all necessary and practicable measures shall be adopted
25 
to allow representation of the candidates, accredited major political parties, accredited
26 
citizens' arms and nongovernment organizations to assist, and intervene in
27 
appropriate cases, in all stages of the electoral exercise and to prevent any and all
28 
forms of fraud and coercion.
29 
No officer or member of the foreign service corps, including those belonging to
30 
attached agencies shall be transferred, promoted, extended, recalled or otherwise
31 
moved from his current post or position one (1) year before and three (3) months
32 
after the day of elections, except upon the approval of the Commission.
33 
SEC. 296. Implementing Rules and Regulations. - The Commission shall
34 
promulgate rules and regulations for the implementation and enforcement of the
35 
provisions of this Article within ninety (90) days from the effectivity thereof.
36 
In the formulation of the rules and regulations, the Commission shall coordinate
37 
with the DFA, the DOLE, the POEA, the OWWA and the Commission on Filipinos
38 
Overseas. Nongovernment organizations and accredited Filipino organizations or
39 
associations abroad shall be consulted.
133


CHAPTER VII
RECALL AND SPECIAL ELECTIONS, REGIONAL ELECTIONS, AND 
BARANGAY AND SANGGUNINANG KABATAAN ELECTIONS
6 
Article 27
7 
Special Election in Case of Vacancy in Certain Offices
8 
SEC. 297. Special election for President and Vice-President in case of vacancy.
9 
- The Congress shall, at ten o'clock in the morning of the third day after the vacancy
10 
in the offices of the President and Vice-President occurs, convene in accordance with
11 
its rules without need of a call and within seven days, enact a law calling for a special
12 
election to elect a President and a Vice-President to be held not earlier than forty-five
13 
days nor later than sixty days from the time of such call. The bill calling such special
14 
election shall be deemed certified under paragraph 2, Section 26, Article VI of the
15 
Constitution and shall become law upon its approval on third reading by the Congress.
16 
Appropriations for the special election shall be charged against any current
17 
appropriations and shall be exempt from the requirements of paragraph 4, Section 25,
18 
Article VI of the Constitution. The convening of the Congress cannot be suspended
19 
nor the special election postponed. No special election shall be called if the vacancy
20 
occurs within eighteen months before the date of the next presidential election.
21 
SEC. 298. Special election for Members of the House of Representatives and
22 
the Senate. - In case a permanent vacancy shall occur in the Senate or House of
23 
Representatives at least one (1) year before the expiration of the term, the
24 
Commission shall call and hold a special election to fill the vacancy not earlier than
25 
sixty (60) days or longer than ninety (90) days after the occurrence of the vacancy.
26 
SEC. 299. Procedure for special elections. - Unless the law calling for the
27 
special election otherwise provides, the provisions of this Code shall govern the
28 
conduct thereof particularly Articles 7, 8, 9,10,11,13,14,15,16,17, 20, 21, and 22.
29
30 
Article 28
31 
Elections of Elective Officials of Autonomous Regions
32 
SEC. 300. Governing Law. - The organic law creating the autonomous region
33 
concerned shall govern the conduct of the elections of the elective officials whose
34 
positions were created by such organic law or by regional law: Provided however,, That
35 
to the extent permissible, the provisions of this Code shall have suppletory application.
36 
The elections of elective national officials, as well as local elective officials
37 
whose positions were not created by aforesaid organic law or by regional law, shall
38 
be governed by the provisions of this Code.
134


1 
SEC. 301. Date of Elections. - Unless othenA/ise fixed by the organic laws or
2 
regional laws of the autonomous regions, the next regular election of the elective
3 
officials whose offices created by organic laws or by regional laws shall be on the
4 
second Monday of May 2025 and on the same day every three years thereafter.
5 
SEC. 302. Manner of Voting of Parliamentary Representatives. - Candidates for
6 
members of the regional parliament or regional assembly shall be voted at large by
7 
the registered voters in the parliamentary district which such candidates seek to
8 
represent. The candidate or candidates corresponding to the number of member or
9 
members to be elected in a parliamentary district who receive the highest number of
10 
votes shall be declared elected.
11 
SEC. 303. Vacancy. Any permanent vacancy in the regional parliament or
12 
assembly occurring at least one (1) year before the next regular elections shall be
13 
filled by a special election called for that purpose except if the law creating such
14 
parliament or assembly provides the contrary.
15 
SEC. 304. Rules and Regulations in the conduct regional elections. - In order
16 
to ensure free, honest, orderly, transparent, and credible regional elections, the
17 
Commission shall promulgate the rules and regulations for the conduct thereof, taking
18 
into account, primarily, the pertinent provisions of the organic law of the autonomous
19 
region concerned; and secondarily, the provisions of this Code.
20
21 
Article 29
22 
Barangay and Sangguniang Kabataan Elections
23 
SEC. 305. Election of barangay and sangguniang kabataan officials. - The
24 
election for barangay and sangguniang kabataan officials shall be held throughout the
25 
Philippines on December 5, 2022. Subsequent synchronized barangay and
26 
sangguniang kabataan elections shall be held on the first Monday of December 2025
27 
and every three (3) years thereafter.
28 
SEC. 306. Assumption of Office. - That the term of office of the barangay and
29 
sangguniang kabataan officials elected in the 05 December 2022 elections and
30 
subsequently thereafter, shall commence at noon of January 1 next following their
31 
election.
32 
Until their successors shall have been duly elected and qualified, all incumbent
33 
barangay and sangguniang kabataan officials shall remain in office, unless sooner
34 
removed or suspended for cause: Provided, That barangay and sangguniang kabataan
35 
officials who are ex officio members of the sangguniang bayan, sangguniang
36 
panlungsod, or sangguniang panlalawigan, as the case may be, shall continue to serve
37 
as such members in the sanggunian concerned until the next barangay and
38 
sangguniang kabataan elections.
135


1 
SEC. 307. Conduct of elections. - The barangay election shall be non-partisan
2 
and shall be conducted in an expeditious and inexpensive manner.
3 
No person who files a certificate of candidacy shali represent or allow himself
4 
to be represented as a candidate of any political party or any other organization; and
5 
no political party, political group, political committee, civic, religious, professional, or
6 
other organization or organized group of whatever nature shall intervene in his
7 
nomination or in the filing of his certificate of candidacy or give aid or support, directly
8 
or indirectly, material or otherwise favorable to or against his campaign for election:
9 
Provided, That this provision shall not apply to the members of the family of a
10 
candidate within the fourth civil degree of consanguinity or affinity nor to the personal
11 
campaign staff of the candidate which shall not be more than one for every one
12 
hundred registered voters in his barangay: Provided, however. That without prejudice
13 
to any liability that may be incurred, no permit to hold a public meeting shall be denied
14 
on the ground that the provisions of this paragraph may or will be violated.
15 
Nothing in this section, however, shall be construed as in any manner affecting
16 
or constituting an impairment of the freedom of individuals to support or oppose any
17 
candidate for any barangay office.
18 
SEC. 308. Certificate of Candidacy of elective barangay and sangguniang
19 
kabataan officials. - No person shall be elected punong barangay, member of the
20 
sangguniang barangay, chairperson of the sangguniang kabataan, or member of the
21 
sangguniang kabataan unless he or she files a sworn certificate of candidacy with the
22 
office of the election officer of the city or municipality concerned not later than thirty
23 
(30) days before the beginning of the campaign period. The form and contents of the
24 
certificate of candidacy shall be prescribed by the Commission. The campaign period
25 
shall be ten (10) days immediately before the election.
26 
The election officer shall have the ministerial duty to receive said certificate of
27 
candidacy and to immediately acknowledge receipt thereof. However, if on the face
28 
of the certificate of candidacy, it appears that the prospective candidate is ineligible
29 
as he or she does not meet the qualifications pertaining to age, residence, or
30 
registered voter status, as set forth by the Constitution and relevant laws, the election
31 
officer shall refuse to accept the certificate of candidacy. In such instance, the election
32 
officer shall immediately inform the prospective candidate of the rejection of his
33 
certificate of candidacy and the reasons therefor. Within the same day, the election
34 
officer shall furnish said prospective candidate with a written and signed notice of
35 
rejection of the certificate of candidacy, setting forth therein the reasons for such
36 
rejection. Unjustified rejection by the election officer of a certificate of candidacy and
37 
failure of the election officer to strictly observe these steps shall be election offenses.
38 
Acceptance by the election officer of a certificate of candidacy which, on its face,
39 
shows that the prospective candidate is not qualified for the position shall be cause
40 
for administrative sanctions against him or her.
136


1 
Before the lapse of the period to file the certificate of candidacy, the prospective
2 
candidate whose certificate of candidacy was rejected by the election officer may file
3 
the rejected certificate of candidacy, together with the written notice of rejection, with
4 
the provincial election supervisor.
5 
It is the ministerial duty of the provincial election supervisor to accept the
6 
certificate of candidacy of any prospective candidate in his or her province if such
7 
certificate is accompanied by a copy of aforesaid notice of rejection. The provincial
8 
election supervisor shall then direct the election officer concerned to include the
9 
prospective candidate in the official list of candidates. Failure of the provincial election
10 
supervisor to strictly observe these steps and the failure of the election officer to timely
11 
comply with the directive of the provincial election supervisor set forth in this section
12 
are election offenses.
13 
Should it turn out that the election officer correctly rejected the certificate of
14 
candidacy of the candidate in question, the fact of filing by said candidate of his or
15 
her certificate of candidacy with the provincial election supervisor shall be prima facie
16 
proof of such candidate's deliberate intent to commit material misrepresentation as to
17 
his or her qualifications.
18 
Any appointive municipal, city, provincial or national official or employee, or
19 
those in the civil or military service, including those in government-owned or controlled
20 
corporations, shall be considered automatically resigned upon the filing of certificate
21 
of candidacy for a barangay office.
22 
SEC. 309. The Barangay Electoral Board. -
23 
(1) The Commission, through the Election Officer, shall constitute and appoint, in
24 
writing and in the from prescribed by the Commission, the Barangay Electoral
25 
Board for every clustered or grouped precinct in the district, city, or municipality.
26 
In the appointment of the members of the Electoral Boards, the Election officer
27 
shall give preference to public school teachers. In case there are not enough
28 
public school teachers, teachers in private schools, employees in the civil service,
29 
or other citizens of known probity and competence who are registered voters of
30 
the city or municipality may be appointed for election duty.
31 
The Barangay Electoral Board shall be composed by a chairperson, a poll clerk,
32 
and a third member. No person shall be appointed as member of the Electoral Board,
33 
whether regular, temporary, or as a substitute, unless such person is:
34 
(a) Of good moral character and has an irreproachable reputation;
35 
(b) Of known integrity and competence;
36 
(c) A registered voter;
37 
(d) Has never been convicted of any election offense or of any crime punishable
38 
by more than six (6) months of imprisonment;
137


1 
(e) Able to speak and write English and either Filipino or the local dialect.
2 
No person who is an incumbent barangay ofRcial may be appointed as member
3 
of the Barangay Electoral Board for the same barangay. Neither may any person be
4 
appointed as member of the Barangay Electoral Board if he or she is a candidate to
5 
be voted for in the polling place of assignment or if such person is related within the
6 
fourth (4th) civil degree of consanguinity or affinity a candidate to be voted for in the
7 
polling place of assignment or to said candidate's spouse. In no case shall any of the
8 
members of the Barangay Electoral Board be related within the fourth (4th) civil
9 
degree of consanguinity or affinity to any other member of the same board.
10 
Members of the Barangay Electoral Board are prohibited from engaging, directly
11 
or indirectly, in any partisan political activity or take part in the election except to vote
12 
and discharge their election duties.
13 
(2) The Barangay Electoral Boards shall supervise and conduct the election in their
14 
respective polling places, count the votes and thereafter prepare the election
15 
returns and such other documents required by the Commission.
16 
SEC. 310. Election returns for the barangay and sangguniang kabataan
17 
elections. - For the barangay elections, the Barangay Electoral Boards shall prepare
18 
four copies of the Election Returns. The first copy shall be delivered immediately to
19 
the Barangay Board of Canvassers. The second copy shall be delivered to the election
20 
officer, the third copy must be deposited inside the ballot box; and the fourth copy
21 
shall be delivered to the secretary of the sangguniang barangay. For the sangguniang
22 
kabataan elections, the Barangay Electoral Boards shall prepare separate election
23 
returns in three (3) sets. The first copy shall be delivered immediately to the Barangay
24 
Board of Canvassers. The second copy shall be delivered to the election officer, the
25 
third copy must be deposited inside the ballot box.
26 
SEC. 311. Polling places. - The Commission, through the election officer, shall
27 
designate the appropriate public schools or any other public buildings to be used as
28 
polling places, taking into consideration the convenience and safety of the voters. To
29 
the extent practicable, the polling place should be within the barangay whose officials
30 
are being elected and should be as centrally located as possible therein.
31 
SEC. 312. Official barangay ballots. - The official barangay ballots shall be
32 
provided by the Commission. There shall be separate ballots for the barangay elections
33 
and for the sangguniang kabataan elections.
34 
The Barangay Electoral Board Chairperson shall, in the presence of the voter
35 
and before giving the ballot to the voter, authenticate the same by affixing his or her
36 
signature at the back thereof. Failure to authenticate shall be noted in the Minutes
37 
and shall constitute an election offense but will not invalidate the ballot. Further, in
38 
no case shall the Chairperson pre-sign at the back of the ballot prior to its actual
39 
issuance to the voters.
138


1 
SEC. 313. Ballot boxes. - The Commission shall provide the ballot boxes for
2 
each precinct or clustered precinct as the case may be. The Commission shall
3 
promulgate the necessary rules to ensure that the sanctity of the ballots is preserved.
4 
SEC. 314. Manner of preparing the ballot - The voter, upon receiving his
5 
folded ballot, shall forthwith proceed to the designated voting area and shall there fill
6 
his ballot by writing in the proper space for each office the name of the individual
7 
candidate for whom he desires to vote. The voter shall use the ballot secrecy folder
8 
or similar covering material or device supplied by the Commission.
9 
After the voter has filled his ballot, he or she shall fold it in the same manner
10 
as when he received it and return It to the chairperson of the barangay electoral board.
11 
The Commission shall prescribe the necessary rules and regulations to ensure
12 
that the secrecy of the ballots shall be preserved the entire time during the conduct
13 
of the voting and that no spurious ballots may be placed into the ballot box.
14 
SEC. 315. Spoiled ballots. - If a voter should accidentally spoil or deface a
15 
ballot in such a way that it cannot lawfully be used, he shall surrender if folded to the
16 
chairperson who shall note in the corresponding space in the voting record that said
17 
ballot is spoiled. The voter shall then be entitled to another ballot which the
18 
chairperson shall give him after announcing the serial number of the second ballot
19 
and recording said serial number in the corresponding spaces in the voting record. If
20 
the second ballot is again spoiled or defaced in such a way that it cannot lawfully be
21 
used, the same shall be surrendered to the chairman and recorded in the same
22 
manner as the first spoiled or defaced ballot. However, no voter shall change his ballot
23 
more than twice.
24 
The spoiled ballot shall, without being unfolded and without removing the
25 
detachable coupon, be distinctly marked with the word "spoiled" and signed by the
26 
board of election inspectors on the endorsement fold thereof and immediately placed
27 
in the compartment for spoiled ballots.
28 
SEC. 316. Counting of Votes. The counting of votes shall be made in the
29 
following manner: the electoral board shall unfold the ballots and form separate piles
30 
of one hundred ballots each, which shall be held together with rubber bands, with
31 
cardboard of the size of the ballots to serve as folders. The chairperson of the
32 
barangay electoral board shall take the ballots of the first pile one by one and read
33 
the names of candidates voted for and the offices for which they were voted in the
34 
order in which they appear thereon, assuming such a position as to enable all of the
35 
watchers to read such names. The chairperson shall sign and affix his right hand
36 
thumbmark at the back of the ballot immediately after it is counted. The poll clerk,
37 
and the third member, respectively, shall record on the election returns and the tally
38 
board or sheet each vote as the names voted for each office are read.
139


1 
Each vote shall be recorded by a vertical line, except every fifth vote which shall
2 
be recorded by a diagonal line crossing the previous four vertical lines. After finishing
3 
the first pile of ballots, the barangay electoral board shall determine the total number
4 
of votes recorded for each candidate, the sum being noted on the tally board or sheet
5 
and on the election returns. In case of discrepancy such recount as may be necessary
6 
shall be made. The ballots shall then be grouped together again as before the reading.
7 
Thereafter, the same procedure shall be followed with the second piie of ballots and
8 
so on successively. After all the ballots have been read, the barangay electoral board
9 
shall sum up the totals recorded for each candidate, and the aggregate sum shall be
10 
recorded both on the tally board or sheet and on the election returns. It shall then
11 
place the counted ballots In an envelope provided for the purpose, which shall be
12 
closed signed and deposited in the compartment for valid ballots. The tally board or
13 
sheet as accomplished and certified by the barangay electoral board shall not be
14 
changed or destroyed but shall be kept in the compartment for valid ballots.
15 
In reading the individual official ballots during the counting, the chairperson,
16 
the poll clerk and the third member shall assume such positions as to provide the
17 
watchers, as may be conveniently accommodated in the polling place, an unimpeded
18 
view of the ballot being read by the chairman, of the election return and the tally
19 
board being simultaneously accomplished by the poll clerk and the third member
20 
respectively, without touching any of these election documents. The table shall be
21 
cleared of all unnecessary writing paraphernalia. Any violation of this requirement shali
22 
constitute an eiection offense.
23 
As may be necessary, the Commission shall promulgate supplemental rules and
24 
guidelines that the Barangay Electoral Boards shall observe in the counting of votes
25 
to the end that the counting of votes shall be done in an expeditious, transparent, and
26 
accurate manner.
27 
SEC. 317. Appreciation of Baiiots. - In the appreciation of the ballots, every
28 
ballot shall be presumed valid unless there is clear and good reason to justify its
29 
rejection. Any question on the appreciation of baiiots shall be decided by a majority
30 
of the members of the barangay electoral board. No watcher, candidate, or any other
31 
person shall be allowed to participate in the appreciation of ballots, except that any
32 
watcher may file a protest which shall be recorded in the Minutes.
33 
The barangay electoral board shall observe the following rules for the
34 
appreciation of baiiots, bearing in mind that the objective of the election is to obtain
35 
the expression of the voter's will:
36 
(1) Where only the first name of a candidate or only his surname is written, the
37 
vote for such candidate is valid, if there is no other candidate with the same
38 
first name or surname for the same office.
140


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
(2)
(3)
(4)
(5)
(6)
(7)
(8)
Where only the first name of a candidate is written on the ballot, which when 
read, has a sound similar to the surname of another candidate, the vote shall 
be counted in favor of the candidate with such surname. If there are two or 
more candidates with the same full name, first name or surname and one of 
them is the incumbent, and on the ballot is written 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.
141


1 
(11) The erroneous initial of the first name which accompanies the correct
2 
surname of a candidate, the erroneous initial of the surname accompanying
3 
the correct first name of a candidate, or the erroneous middle initial of the
4 
candidate shall not annul the vote in favor of the latter.
5 
(12) The fact that there exists another person who is not a candidate with the
6 
first name or surname of a candidate shall not prevent the adjudication of
7 
the vote of the latter.
8 
(13) Ballots which contain prefixes such as "Sr.", "Mr.", "Datu", "Don", "Ginoo",
9 
"Hon.", "Gob." or suffixes like "Hijo", "Jr.", "Segundo", are valid.
10 
(14) The use of the nicknames and appellations of affection and friendship, if
11 
accompanied by the first name or surname of the candidate, does not annul
12 
such vote, except when they were used as a means to identify the voter, in
13 
which case the whole ballot is invalid: Provided, That if the nickname used
14 
Is unaccompanied by the name or surname of a candidate and it is the one
15 
by which he is generally or popularly known in the locality, the name shall
16 
be counted in favor of said candidate, if there is no other candidate for the
17 
same office with the same nickname.
18 
(15) Any vote containing initials only or which is illegible or which does not
19 
sufficiently identify the candidate for whom it Is intended shall be considered
20 
as a stray vote but shall not invalidate the whole ballot.
21 
(16) If on the ballot is correctly written the first name of a candidate but with a
22 
different surname, or the surname of the candidate is correctly written but
23 
with different first name, the vote shall not be counted in favor of any
24 
candidate having such first name and/or surname but the ballot shall be
25 
considered valid for other candidates.
26 
(17) Any ballot written with crayon, lead pencil, or in ink, wholly or in part, shall
27 
be valid.
28 
(18) Where there are two or more candidates voted for in an office for which the
29 
law authorizes the election of only one, the vote shall not be counted in favor
30 
of any of them, but this shall not affect the validity of the other votes therein.
31 
(19) If the candidates voted for exceed the number of those to be elected, the
32 
ballot is valid, but the votes shall be counted only in favor of the candidates
33 
whose names were firstly written by the voter within the spaces provided for
34 
said office in the ballot until the authorized number is covered.
35 
(20) Any vote in favor of a person who has not filed a certificate of candidacy or
36 
in favor of a candidate for an office for which he did not present himself shall
37 
be considered as a stray vote but it shall not invalidate the whole ballot.
142


1 
(21) Ballots containing the name of a candidate printed and pasted on a blank
2 
space of the ballot or affixed thereto through any mechanical process are
3 
totally null and void.
4 
(22) Circles, crosses or lines put on the spaces on which the voter has not voted
5 
shall be considered as signs to indicate his desistance from voting and shall
6 
not invalidate the ballot.
7 
(23) Unless it should clearly appear that they have been deliberately put by the
8 
voter to serve as identification marks, commas, dots, lines, or hyphens
9 
between the first name and surname of a candidate, or in other parts of the
10 
ballot, traces of the letter "T", "J", and other similar ones, the first letters or
11 
syllables of names which the voter does not continue, the use of two or more
12 
kinds of writing and unintentional or accidental flourishes, strokes, or strains,
13 
shall not invalidate the ballot.
14 
(24) Any ballot which clearly appears to have been filled by two distinct persons
15 
before it was deposited in the ballot box during the voting is totally null and
16 
void.
17 
(25) Ballots wholly written in Arabic in localities where it is of general use are
18 
valid. To read them, the barangay electoral board may employ an interpreter
19 
who shall take an oath that he shall read the votes correctly.
20 
(26) The accidental tearing or perforation of a ballot does not annul it.
21 
(27) Failure to remove the detachable coupon from a ballot does not annul such
22 
ballot.
23 
SEC. 318. The barangay board of canvassers.-
24 
(1) There shall be one barangay board of canvassers in each barangay to canvass
25 
the election returns for both the barangay and sangguniang kabataan elections
26 
and thereafter to proclaim the winning candidates.
27 
The Commission, through the election officer, shall constitute the barangay
28 
board of canvassers at least ten days before the election. The barangay board
29 
of canvassers shall be composed of a Chairperson, Vice-Chairperson and
30 
Member-Secretary. The members of the barangay board of canvassers shall
31 
possess the same qualifications as those of the members of the barangay
32 
electoral board. They shall likewise be subject to the same disqualifications set
33 
forth in this Code for members of the barangay electoral board.
34 
In the appointment of the members of the barangay board of canvassers, the
35 
election officer shall give preference to public school teachers. In case there
36 
are not enough public school teachers, teachers in private schools, employees
37 
in the civil service, or other citizens of known probity and competence who are
38 
registered voters of the city or municipality may be appointed for election duty.
143


1 
In a barangay with only one (1) barangay electoral board, said board shall
2 
convert itself as the barangay board of canvassers. In case the number of
3 
persons qualified to serve as members of the barangay board of canvassers is
4 
inadequate, the Commission shall designate the chairperson and members of
5 
the barangay board of canvassers from among the barangay electoral boards.
6 
In no case shall any of the members of the Barangay Electoral Board be related
7 
within the fourth (4th) civil degree of consanguinity or affinity to any other
8 
member of the same board.
9 
(2) The Commission shall have direct supervision and control over the barangay
10 
board of canvassers or any sub-canvassing unit that the Commission may
11 
constitute.
12 
(3) At least five (5) days before the meeting of the barangay board of canvassers,
13 
the Chairperson shall give notice of the date, time, and place of its meeting to
14 
all members thereof, including any sub-canvassing units, and to each
15 
candidate.
16 
(4) The barangay board of canvassers shall meet immediately after the close of
17 
voting in the voting center that is most accessible, as determined by the election
18 
officer. After canvassing the results from the various polling places within the
19 
barangay, in accordance with the rules laid down by the Commission, the
20 
barangay board of canvassers shall proclaim the winners. The board of
21 
canvassers shall accomplish the certificate of canvass and proclamation in four
22 
copies on a form to be prescribed by the Commission. The original of the
23 
certificate shall be sent to the election officer concerned, the second copy shall
24 
be delivered to the winning candidate for Punong Barangay or Chairperson of
25 
the Sangguniang Kabataan, the third copy to the secretary of the sangguniang
26 
bayan or sangguniang panglunsod, as the case may be, and the fourth copy
27 
shall be kept on file by the secretary of the sangguniang barangay.
28 
(5) The Commission shall promulgate rules and regulations to guarantee the
29 
safekeeping of canvassed election returns and to ensure an expeditious,
30 
accurate, and honest canvassing of votes and proclamation of winning
31 
candidates.
32 
SEC. 319. Watchers. - Every candidate for the Barangay and sangguniang
33 
kabataan Elections shall be entitled to one (1) watcher in every polling place or
34 
canvassing center.
35 
Duly accredited citizen's arms of the Commission shall be entitled to appoint a
36 
watcher in every polling place or canvassing center. Other civic, professional, business,
37 
service, youth, and any other similar organization, with prior authority if the
38 
Commission, shall be entitled collectively to appoint one watcher in every polling place.
144


1 
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 elections
9 
including, but not limited to, of the members of the electoral board, board of
10 
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 Recaii Process. - The recall process may be initiated
16 
by either a valid resolution by a preparatory recaii assembly as provided for under
17 
Section 70 of R.A. 7160, or by a petition signed by at least twenty-five percent (25%)
18 
of the total number of registered voters in the local government unit concerned during
19 
the election in which the local official sought to be recalled was elected.
20 
In case the recall process is initiated by petition, the same must be signed in a
21 
public place, before the election officer or his representative and in the presence of a
22 
representative of the petitioners and of the official sought to be recalled. In case the
23 
recall process involves a provincial or district official, the petition shall be signed before
24 
the election officer of the city or municipality where the person signing the same is
25 
registered as a voter during the last local election. Signature stations may be
26 
established in as many places as may be warranted
27 
The resolution or petition shall be filed with the election officer in cases
28 
involving municipal or city officials and with the provinciai election supervisor in cases
29 
involving provincial or district officials.
30 
SEC. 322. Verification of the sufficiency of the petition. - After the filing of the
31 
petition, the election officer or provincial election supervisor concerned shall
32 
immediately transmit a digital and physical copy thereof to the Commission.
33 
The Commission shall cause the publication of the petition in a newspaper of
34 
general circulation in the local government unit concerned, if available. If such
35 
newspaper Is not available, then in a newspaper of general circulation in the province
36 
or region where said local government unit is located. Such publication must state the
37 
full names of those who signed the petition. At the same time, the Commission shall
145


1 
require a report under oath from the election officers containing the following matters,
2 
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 local
7 
election;
8 
Any person who did not sign the petition but whose name or apparent signature
9 
appears thereon shall inform the election officer of such fact. Upon presentation of
10 
such person's proof of identity, the election officer shall consider such person as not
11 
having signed the petition: Provided, That the person who shall forge or simulate the
12 
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 twenty-
16 
five percent (25%) of the total number of registered voters in the local government
17 
unit concerned have signed the petition. In case aforesaid threshold is met, the
18 
Commission shall announce the acceptance of candidates to the position involved. If
19 
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 officials,
22 
the provincial election supervisor, shall submit a verified report to the Commission as
23 
to whether the requirements under Section 70 of R.A. 7160 were met. The
24 
Commission shall then require the official subject of the recall and the proponents of
25 
such recall to file a comment on the report of the election officer/s within five (5) days.
26 
Within ten (10) days from the submission of the last pleading, the Commission
27 
shall decide whether the recall election will be held.
28 
SEC. 324. Eiection on Recaii. - In case of sufficiency of the petition or
29 
resolution, the Commission shall set the date of the election on recall, which shall not
30 
be later than forty-five (45) days after the filing of the resolution or petition for recall
31 
in the case of the Barangay officials; sixty (60) days in the case of municipal or city
32 
official; and seventy-five (75) days in case of district or provincial officials. The official
33 
or officials sought to be recalled shall automatically be considered as duly registered
34 
candidate or candidates to the pertinent positions and, like other candidates, shall be
35 
entitled to be voted upon. The Commission shall set the election and campaign periods
36 
therefor.
37 
SEC. 325. Effactivity of Recaii. - The recall of an elective local official shall be
38 
effective only upon the election and proclamation of a successor in the person of the
39 
candidate receiving the highest number of votes cast during the election on recall.
146


1 
Should the official sought to be recalled receive the highest number of votes,
2 
confidence in him is thereby affirmed, and he shall continue in office.
3 
SEC. 326. Prohibition from Resignation. - The elective local official sought to
4 
be recalled shall not be allowed to resign while the recall process is in progress.
5 
SEC. 327. Limitations on Recaii. -
6 
(a) Any elective local official may be the subject of a recall election only once during
7 
his term of office for loss of confidence;
8 
(b) No recall shall take place within one (1) year from the date of the official's
9 
assumption to office or one (1) year immediately preceding a regular local
10 
election.
11 
SEC. 328. Conduct of Recaii Election. - The conduct of recall elections shall be
12 
governed, to the extent feasible, by Articles 7, 8, 9,10,11,13,14,15,16,17, 20, 21,
13 
and 22 of this Code: Provided, however, That in case the recall elections pertain to a
14 
barangay official, the voting, counting, and canvassing of votes therein shall be
15 
governed by Article 29 of this Code.
16 
The Commission shall promulgate such rules and regulations as may be
17 
necessary to ensure that the recaii elections are conducted in free, orderly, honest,
18 
transparent, and credible manner.
19
20 
CHAPTER VIII
21 
PLEBISCITE, REFERENDUM AND INITIATIVE
22
23 
Article 31
24 
Plebiscites
25 
SEC. 329. Supervision and control. - The Commission shall have direct
26 
supervision and control over the conduct of the plebiscites.
27 
SEC. 330. Expenses and election forms and paraphernalia. - Unless the
28 
contrary is provided by the law calling for the plebiscite, the expenses in holding such
29 
plebiscite, which shall include the printing of official ballots, plebiscite returns and
30 
other forms; the procurement of supplies and paraphernalia; the honoraria,
31 
allowances, service credits and other benefits of the members of the Plebiscite
32 
Committee (PlebCom) and their support staff, the plebiscite board of canvassers, sub-
33 
canvassing groups, if any, and their support staff; other operational and incidental
34 
expenses; and the costs of publication of resolutions and information materials, shall
35 
be borne by the local government unit or units affected.
36 
SEC. 331. Information campaign. - The Commission, in coordination with the
37 
local government units affected, shall launch an extensive information campaign
147


1 
within such period as the Commission may find sufficient and reasonable to properly
2 
inform the voters of the issues involved in the plebiscite.
3 
SEC. 332. Right of government officials and employees to express opinion for
4 
or against the ratification. - All government officials and employees as well as those
5 
in government-owned or controlled corporations with original charters, may publicly
6 
express their opinions on any issues related to the plebiscite.
7 
SEC. 333. Prohibition on Commission officials, employees and its deputies. -
8 
In order to maintain an independent and non-partisan status, all Commission officials
9 
and its deputies are prohibited from publicly expressing their opinion on any issue
10 
related to the plebiscite.
11 
SEC. 334. Who may participate. - All registered voters of the iocal government
12 
unit/s affected by the plebiscite, as of the immediately preceding hearing of the
13 
Election Registration Board, may participate in the plebiscite.
14 
SEC. 335. Plebiscite Committees (PiebComs). - The election officer/s of the
15 
municipaiities and cities covered by the plebiscite or where the barangay subject of
16 
the plebiscite is iocated shall constitute and appoint PiebComs for every
17 
clustered/grouped precinct. The PiebCom shall be composed of a Chairman and two
18 
(2) members, one of whom shali be designated as Poll Clerk, and the other as Third
19 
Member. The members of the PlebComm shall have the same qualifications and shall
20 
be subject to the same disqualifications, whenever applicable, as the members of the
21 
Electoral Board. They shall be entitled to such allowances and honoraria as the
22 
Commission deems just and reasonable under the circumstances.
23 
The PiebCom shall have the following powers and duties:
24 
(a) Supervise and conduct the voting in the polling places;
25 
(b) Count the votes and thereafter prepare the plebiscite returns and other
26 
required documents/reports and distribute the same as herein provided;
27 
(c) Furnish watchers certificate of votes upon request;
28 
(d)Act as deputies of the Commission in the supervision and control of the
29 
plebiscite in the polling places wherein they are assigned to ensure the holding
30 
of free, orderly, honest, peaceful and credible plebiscite;
31 
(e) Maintain order within the polling place and its premises, to keep access thereto,
32 
open and unobstructed, and to enforce obedience to its lawful orders; and
33 
(f) Perform such other functions/duties as may be prescribed by the Commission.
34 
If any person shall refuse to obey lawful orders of the PiebCom or shall conduct
35 
himself in a disorderly manner in its presence or within its hearing thereby interrupting
36 
or disturbing its proceedings, the PiebCom may issue an order in writing directing any
37 
peace officer to take such person into custody until the adjournment of the meeting.
148


1 
but such order shall not be executed as to prevent the person so taken into custody
2 
from exercising his right to vote. Such order shall be executed by any peace officer to
3 
whom it may be delivered, but if none is present, by any other person deputized by
4 
the PlebCom in writing.
5 
No member of the PlebCom shall, directly or indirectly, take part in the
6 
plebiscite, except to discharge the Member's duties as such, and to vote.
7 
SEC. 336. Proceedings of the PlebCom. - The meeting of the PlebCom shall be
8 
public and shall be held in the polling place authorized by the Commission.
9 
SEC. 337. Functioning of the PiebCom. - The PlebCom shall act through its
10 
Chairperson, and shall decide without delay by majority vote all questions which may
11 
arise in the performance of its duties.
12 
SEC. 338. Temporary vacancies. - If, at the time of the meeting of the
13 
PlebCom, any member is absent, or the office is still vacant, the members present
14 
shall call upon the substitute of the absent members to perform the duties of the
15 
absent members, and in case such substitute cannot be found, the members present
16 
shall appoint any non-partisan registered voter of the polling place to temporarily fill
17 
the vacancy until the absent member appears or the vacancy is filled. In case there
18 
are two members present they shall act jointly.
19 
SEC. 339. Plebiscite Board of Canvassers, their compositions; functions. - The
20 
Commission shall constitute the plebiscite board/s of canvassers as may be necessary
21 
for a particular plebiscite. The composition of the municipal, city, provincial, district,
22 
or regional plebiscite board of canvassers, as the case may be, shall be the same as
23 
that of the board of canvassers under Section 224 of this Code. In case of barangay
24 
plebiscites, the Commission shall determine the composition of the barangay plebiscite
25 
board of canvassers.
26 
The plebiscite board of canvassers shall be responsible for canvassing the
27 
plebiscite returns submitted by the PlebCom and for preparing the certificate of
28 
canvass of votes. The highest-level plebiscite board of canvassers in a particular
29 
plebiscite shall proclaim the result of such plebiscite.
30 
SEC. 340. Right to be present and to counsel. - Proponents or oppositors, if
31 
any, have the right to be present and to counsel during the canvass of the returns.
32 
Only one counsel shall argue for the proponents or oppositors. In case there are
33 
several counsels for the proponents or oppositors, they shall agree among themselves
34 
who will argue for them.
35 
SEC. 341. Watchers; rights and duties. - The proponents and oppositors, and
36 
the citizens' arm of the Commission, may appoint watchers during the voting, counting
37 
and canvassing. The proponents, oppositors and citizens' arm shall have not more
38 
than one (1) watcher assigned in every polling place.
149


1 
For this purpose, the proponents or oppositors shall file a petition with the
2 
Commission for authority to field watchers during the voting, counting and canvassing.
3 
A person who is not a registered voter of the municipality, of questionable
4 
reputation, or who has been convicted of an election offense or any other crime shall
5 
not be appointed as watcher. Barangay officials, including barangay tanods, are
6 
disqualified to serve as watchers.
7 
The watchers shall have the right to:
8 
(a) be present at, and take note of all the proceedings;
9 
(b) read the ballot/plebiscite returns/certificates of canvass without touching them;
10 
and
11 
(c) file a protest against any irregularity noted in the ballot/plebiscite
12 
return/certificates of canvass or in the proceedings of the PlebCom or board of
13 
canvassers, as the case maybe, and obtain the resolution thereon in writing.
14 
The watcher shall not be allowed to participate in the deliberation of the Board.
15 
The provisions of Article 15 pertaining to watchers for the national and local elections
16 
shall apply whenever practicable.
17 
SEC. 342. Rules and regulations pertaining to a plebiscite. - The Commission
18 
shall promulgate the rules and regulations in the conduct of each plebiscite, applying,
19 
to the extent feasible, the provisions of Article 11, concerning the Hybrid Election
20 
System; Articles 13 and 16, pertaining to the polling places and official ballots,
21 
respectively; and Articles 17, 20, and 21 on the casting, counting, and canvassing of
22 
votes, to the end that a free, orderly, honest, transparent, and credible plebiscite is
23 
conducted.
24
25 
Article 32
26 
National Initiative and Referendum
27 
SEC. 343. Who may exercise. - The power of national initiative and referendum
28 
may be exercised by all registered voters and the country.
29 
Section 344. Requirements for a National Initiative or Referendum. - To
30 
exercise the power of initiative to enact a national legislation or the power of
31 
referendum to approve or reject a statute, at least ten per centum (10%) of the total
32 
number of the registered voters, of which every legislative district is represented by
33 
at least three per centum (3%) of the registered voters thereof, shall sign a petition
34 
for the purpose and register the same with the Commission.
35 
The petition shall state the following:
36 
(1) contents or text of the proposed law sought to be enacted, approved or
37 
rejected, amended or repealed, as the case may be;
150


1 
(2) the proposition;
2 
(3) the reason or reasons therefor;
3 
(4) that it is not one of the exceptions provided herein;
4 
(5) signatures of the petitioners or registered voters; and
5 
(6) an abstract or summary in not more than one hundred (iOO) words which
6 
shaii be legibly written or printed at the top of every page of the petition.
7 
SEC. 345. Procedure in National Initiative or Referendum. - Within a period of
8 
thirty (30) days from receipt of the petition, the Commission shaii, upon a preliminary
9 
determination of the sufficiency of the petition, pubiish the same in Filipino and English
10 
at least twice in newspapers of general and local circulation. The Commission shall
11 
then order the election officers to verify the signatures on the basis of the registry list
12 
of voters and the voter registration records used in the immediately preceding
13 
eiection. Within thirty (30) days from receipt of the order to verify the signatures, the
14 
election officers shaii submit a report on the result of the verification to the provinciai
15 
election supervisor. The election supervisor concerned shaii, within forty-eight (48)
16 
hours from receipt of all the reports from the election officers, submit to the
17 
Commission a report on the results of the verification per legislative district.
18 
Within fifteen (15) days from receipt of all the reports of the provincial election
19 
supervisors, the Commission shall make a final finding as to the sufficiency of the
20 
petition. Should the Commission determine that the petition is sufficient in form and
21 
substance, it shall set the date of the Initiative or referendum which shall not be earlier
22 
than forty-five (45) days but not later than ninety (90) days from the determination
23 
by the Commission of the sufficiency of the petition.
24 
SEC. 346. Effectivity of a National Initiative or Referendum Proposition. - The
25 
proposition of the enactment, approval, amendment or rejection of a national law shall
26 
be submitted to and approved by a majority of the votes cast by all registered voters.
27 
If, as certified to by the Commission, the proposition is approved by a majority
28 
of the votes cast, the national law proposed for enactment, approval, or amendment
29 
shall become effective fifteen (15) days following completion of its publication in the
30 
Official Gazette or in a newspaper of general circulation in the Philippines. If, as
31 
certified by the Commission, the proposition to reject a national law is approved by a
32 
majority of the votes cast, the said national law shall be deemed repealed and the
33 
repeal shall become effective fifteen (15) days following the completion of publication
34 
of the proposition and the certification by the Commission in the OfTicial Gazette or in
35 
a newspaper of general circulation in the Philippines.
36 
However, if the majority vote is not obtained, the national law sought to be
37 
rejected or amended shall remain in full force and effect.
151


1 
SEC. 347. Prohibited Measures in a National Initiative or Referendum. - The
2 
following cannot be the subject of an initiative or referendum petition:
3 
(a) A petition embracing more than one (1) subject;
4 
(b) Statutes involving emergency measures, the enactment of which are specifically
5 
vested in Congress by the Constitution, unless such statues have been in effect
6 
for at least ninety (90) days;
7 
(c) Appropriation, revenue or tariff measures, those authorizing increase of the
8 
public debt, bills or laws of local application, and private bills or laws; or
9 
(d) Any other measure which is prohibited under the Constitution.
10 
SEC. 348. Referendum initiated by Congress. - The Congress may, by at least
11 
a twenty-five percent (25%) vote of both Houses, voting separately, submit to the
12 
registered voters for the approval or rejection of any law or resolution duly enacted
13 
or approved: Provided, That the prohibited measures enumerated in the preceding
14 
section shall not be subject to a referendum initiated by Congress.
15 
Said referendum shall be held under the control and direction of the
16 
Commission within ninety (90) days from submission of the resolution by both house
17 
of Congress that aforesaid law or resolution shall be submitted for referendum.
18 
The Commission shall certify and proclaim the results of the said referendum
19
20 
Article 33
21 
Local Initiative and Referendum
22 
SEC. 349. Who may exercise. - The power of local initiative and referendum
23 
may be exercised by ail voters registered in the region, province, city, municipality, or
24 
barangay concerned, and by the autonomous regions, provinces, cities, municipalities,
25 
and barangays.
26 
SEC. 350. Procedure and Requirements in Local Initiative and Referendum. -
27 
(a) Not less than two thousand (2,000) registered voters in case of autonomous
28 
regions, one thousand (1,000) in case of provinces and cities, one hundred (100)
29 
in case of municipalities, and fifty (50) in case of barangays, may file a petition
30 
with the Regional Assembly or local legislative body, respectively, proposing the
31 
adoption, enactment, repeal, or amendment, of any law, ordinance or resolution.
32 
(b) If no favorable action thereon is made by local legislative body within (30) days
33 
from its presentation, the proponents, through their duly authorized
34 
representative, may invoke their power of initiative, giving notice thereof to the
35 
local legislative body concerned. Thereafter, the proponents shall have one
36 
hundred twenty (120) days In case of autonomous regions; ninety (90) days in
152


1 
case of provinces and cities; sixty (60) days in case of municipalities; and thirty
2 
(30) days in case of barangays, to file a petition before the Commission with the
3 
following number of signatures:
4 
(1) In cases involving a legislative measure in an autonomous region, a province
5 
or a city, at least ten percent (10%) of the registered voters therein, of which
6 
every legislative district must be represented by at least three percent (3%)
7 
of the registered voters therein: Provided, however, That if the province or
8 
city is composed only of one (1) legislative district, then at least each
9 
municipality in a province or each barangay in a city should be represented
10 
by at least three percent (3%) of the registered voters therein.
11 
(2) In cases Involving a legislative measure in a municipality, at least ten percent
12 
(10%) of the registered voters in the municipality, of which every barangay
13 
is represented by at least three per centum (3%) of the registered voters
14 
therein.
15 
(3) In cases involving a legislative measure in a barangay resolution, at least ten
16 
percent (10%) of the registered voters in said barangay.
17 
(c) The petition shall be signed before the election officer, or his or her designated
18 
representatives, in the presence of a representative of the proponent, and a
19 
representative of the regional assemblies and local legislative bodies concerned in
20 
a public place in the autonomous region or local government unit, as the case
21 
may be. Signature stations may be established In as many places as may be
22 
warranted.
23 
(d) Upon the lapse of the period herein provided, the Commission, through its office
24 
in the local government unit concerned, shall certify as to whether or not the
25 
required number of signatures has been obtained. Failure to obtain the required
26 
number is a defeat of the proposition.
27 
(e) If the required number of the signatures is obtained, the Commission shall then
28 
set a date for the Initiative at which the proposition shall be submitted to the
29 
registered voters In the local government unit concerned for their approval within
30 
ninety (90) days from the date of certification by the Commission, in case of
31 
autonomous regions, sixty (60) days in case of the provinces and cities, forty-five
32 
(45) days in case of municipalities, and thirty (30) days in case of barangays. The
33 
Initiative shall then be held on the date set, after which the results thereof shall
34 
be certified and proclaimed by the Commission on Elections.
35 
SEC. 351. Effectivity of Local Propositions. - If, as certified by the Commission,
36 
the proposition is approved by a majority of the votes cast, the regional law or local
37 
ordinance proposed for enactment, approval, or amendment shall become effective
38 
fifteen (15) days following completion of its publication in the Official Gazette or In a
39 
newspaper of general circulation in the autonomous region, province, city or
153


1 
municipality, as the case may be. In case of barangay ordinance, the same shall
2 
become effective after it has been posted in three (3) conspicuous places in the
3 
Barangay continuously for a period of not less than two (2) weeks.
4 
If, as certified by the Commission, the proposition to reject a regional law or
5 
local ordinance is approved by a majority of the votes cast, the said legislative measure
6 
shall be deemed repealed and the repeal shall become effective fifteen (15) days
7 
following the completion of publication of the proposition and the certification by the
8 
Commission in the Official Gazette or in a newspaper of general circulation in the
9 
autonomous region, province, city or municipality, as the case may be. In case of a
10 
barangay ordinance, the repeal shall become effective after the proposition and the
11 
certification by the Commission has been posted in three (3) conspicuous places 
in
12 
the Barangay continuously for a period of not less than two (2) weeks.
13 
However, if the majority vote is not obtained, the regional law or local ordinance
14 
sought to be rejected or amended shall remain in full force and effect
15 
SEC. 352. Limitations on Local Initiative and Referendum. -
16 
(a) The power of local initiative and referendum shall not be exercised more than
17 
once a year.
18 
(b) Initiative shall extend only to subjects or matters which are within the legal powers
19 
of the local legislative bodies to enact.
20 
(c) If at any time before the initiative is held, the local legislative body shall adopt in
21 
toto the proposition presented, the initiative shall be cancelled. Likewise, if at any
22 
time before the referendum is held, the ordinance sought to be rejected is
23 
completely repealed, the referendum shall be cancelled.
24 
SEC. 353. Limitations Upon Local Legislative Bodies. - Any proposition or
25 
ordinance or resolution approved, amended, or rejected through the system of
26 
initiative and referendum as herein provided shall not be repealed, modified,
27 
amended, or re-enacted, as the case may be, by the local legislative body concerned
28 
within six (6) months from the date therefrom, and may be amended, modified,
29 
repealed, or re-enacted by the local legislative body within three (3) years thereafter
30 
by a vote of three-fourths (3/4) of all its members: Provided, however, that in case of
31 
barangays, the period shall be one (1) year after the expiration of the first six (6)
32 
months.
33 
SEC. 354. Referendum initiated by local legislative bodies. - Any local
34 
legislative body may submit to the registered voters of autonomous region, provinces,
35 
cities, municipalities and barangays for the approval or rejection, any ordinance or
36 
resolution duly enacted or approved.
154


1 
Said referendum shall be held under the control and direction of the
2 
Commission within sixty (60) days in case of provinces and cities, forty-five (45) days
3 
in case of municipalities and thirty (30) days in case of barangays.
4 
The Commission shall certify and proclaim the results of the said referendum.
5
6 
Article 34
7 
Initiative to Amend the Constitution
8 
SEC. 355. Requirements for an Initiative to Amend the Constitution, - A
9 
petition for an initiative on the 1987 Constitution must have at least twelve per centum
10 
(12%) of the total number of registered voters as signatories, of which every
11 
legislative district must be represented by at least three per centum (3%) of the
12 
registered voters therein. Initiative on the Constitution may be exercised only once
13 
every five (5) years. The petition shall state the following:
14 
(l)the particular sentences, phrases, or words in the Constitution sought to be
15 
modified or deleted;
16 
(2) the Article and Section number where such sentences, phrases, or words are
17 
found;
18 
(3) the proposed modification or the sentences, phrases, or words sought to be
19 
written, if any, in lieu of those which are sought to be deleted.
20 
(4) the reason or reasons therefor;
21 
(5) signatures of the petitioners or registered voters; and
22 
(6) an abstract or summary in not more than one hundred (100) words which shall
23 
be legibly written or printed at the top of every page of the petition.
24 
SEC. 356. Procedure in Initiative to Amend the Constitution. - Within a period
25 
of thirty (30) days from receipt of the petition, the Commission shall, upon a
26 
preliminary determination of the sufficiency of the petition, publish the same in Filipino
27 
and English at least twice in newspapers of general and local circulation. The
28 
Commission shall then order the election officers to verify the signatures on the basis
29 
of the registry list of voters and the voter registration records used in the immediately
30 
preceding election. Within thirty (30) days from receipt of the order to verify the
31 
signatures, the election officers shall submit a report on the result of the verification
32 
to the provincial election supervisor. The election supervisor concerned shall, within
33 
forty-eight (48) hours from receipt of all the reports from the election officers, submit
34 
to the Commission a report on the results of the verification per legislative district.
35 
Within fifteen (15) days from receipt of all the reports of the provincial election
36 
supervisors, the Commission shall make a final finding as to the sufficiency of the
37 
petition. Should the Commission determine that the petition is sufficient in form and
155


1 
substance, it shall set the date of the plebiscite which shall not be earlier than ninety
2 
(90) days but not later than one hundred and twenty (120) days from the
3 
determination by the Commission of the sufficiency of the petition.
4 
SEC. 357. Effectivity of the Amendment - The proposition in an initiative on
5 
the Constitution approved by a majority of the votes cast in the plebiscite shall become
6 
effective as to the day of the plebiscite.
7
8 
CHAPTER IX
9 
PRE-PROCLAMATION CONTROVERSIES AND ELECTION CONTESTS
10
11 
Article 35
12 
Pre-proclamation Controversies
13 
SEC. 358. Nature of a pre-proclamation controversy. - A pre-proclamation
14 
controversy refers to any question pertaining to or affecting the proceedings of the
15 
board of canvassers or barangay board of canvassers, which may be raised by any
16 
candidate or by any registered political or sectoral party, sectoral organization, or
17 
coalition of political parties before the board or directly with the Commission, or any
18 
matter raised under Sections 242, 243, 244, and 245 in relation to the preparation,
19 
transmission, receipt, custody and appreciation of the election returns.
20 
SEC. 359. Commission's power to annul or suspend proclamations. - The
21 
Commission may, after due notice and hearing, order the partial or total suspension
22 
of the proclamation of any candidate-elect or annul partially or totally any
23 
proclamation, if one has been made, if the evidence shall warrant.
24 
SEC. 360. Pre-prociamation Cases Involving Provincial, City and Municipal
25 
Offices. - Pre-proclamation cases involving provincial, city, municipal, and barangay
26 
offices shall be allowed and shall be governed by the provisions of this Article.
27 
All pre-proclamation cases pending before the Commission shall be deemed
28 
terminated at the beginning of the term of the office involved and the rulings of the
29 
boards of canvassers concerned shall be deemed affirmed, without prejudice to the
30 
filing of a regular election protest by the aggrieved party. However, proceedings may
31 
continue when, on the basis of the evidence thus far presented, the Commission
32 
determines that the petition appears meritorious and accordingly issues an order for
33 
the proceeding to continue or when an appropriate order has been issued by the
34 
Supreme Court in a petition for certiorari.
35 
SEC. 361. Pre - proclamation Cases in Elections for President, Vice-President,
36 
Senator, and Member of the House of Representatives. - For purpose of the elections
37 
for president, vice - president, senator, and member of the House of Representatives,
38 
no pre-proclamation cases shall be allowed on matters relating to the preparation.
156


1 
transmission, receipt, custody and appreciation of election returns or the certificates
2 
of canvass, as the case may be, expect as provided for in Section 238 of this Code.
3 
However, this does not preclude the authority of the appropriate canvassing body
4 
motu propio or upon written complaint of an interested person to correct manifest
5 
errors in the certificate of canvass or election returns before it.
6 
Questions affecting the composition or proceedings of the board of canvassers
7 
or barangay board of canvassers may be initiated In the board or directly with the
8 
Commission.
9 
Any objection on the election returns before the barangay, city or municipal
10 
board of canvassers, or the municipal or city certificates of canvass before the
11 
provincial board of canvassers or district board of canvassers, shall specifically noticed
12 
In the minutes of their respective proceeding.
13 
i SEC. 362. Issues that may be raised in pre-proclamation controversy. - The
14 
following shall be proper issues that may be raised in a pre-proclamation controversy:
15 
(a) Illegal composition or proceedings of the board of canvassers or barangay board
16 
of canvassers as the case may be;
17 
(b) The canvassed election returns are incomplete, contain material defects, appear
18 
to be tampered with or falsified, or contain discrepancies in the same returns or
19 
in other authentic copies thereof as mentioned in Sections 242, 243, 244, and
20 
’ 
245 of this Code;
21 
(c) The election returns were prepared under duress, threats, coercion, or
22 
intimidation, or they are obviously manufactured or not authentic; and
23 
(d) When substitute or fraudulent returns in controverted polling places were
24 
canvassed, the results of which materially affected the standing of the aggrieved
25 
candidate or candidates.
26 
SEC. 363. Contested composition or proceedings of the board. - Questions
27 
affecting the composition or proceedings of the board of canvassers or barangay board
28 
of canvassers may be Initiated in the board of canvassers or barangay board of
29 
canvassers, as the case may be, or directly with the Commission.
30 
When such issue is initiated before the board of canvassers or barangay board
31 
of canvassers, such board shall, within twenty-four hours, make a ruling thereon with
32 
notice to the contestant who, if adversely affected, may appeal the matter to the
33 
Commission within three (3) days from a ruling thereon. The Commission shall
34 
summarily decide the case within five (5) days from filing thereof.
35 
SEC. 364. Correction of Manifest Errors. - A pre-proclamation case may be
36 
filed directly with the Commission when the issue involves the correction of manifest
37 
errors in the tabulation or tallying of election returns, or certificates of canvass, during
38 
the canvassing as where:
157


1 
(a) a copy of the election returns or certificate of canvass was tabulated more than
2 
once;
3 
(b)two or more copies of the election returns of one precinct, or two or more
4 
copies of certificate of canvass were tabulated separately;
5 
(c) there has been a mistake in the copying of the figures into the statement of
6 
votes or into the certificate of canvass; or
7 
(d) there has been any other palpable and incontrovertible error analogous to the
8 
foregoing.
9 
SEC. 365. Contested election returns. - Matters raised under Sections 243,
10 
244, and 245 of this Code in relation to the preparation, transmission, receipt, custody
11 
and appreciation of the election returns, and the certificates of canvass shall be
12 
brought in the first instance before the board of canvassers.
13 
(a) Any candidate, political party, coalition of political parties, or party-list group
14 
contesting the inclusion or exclusion in the canvass of any election returns on
15 
any of the grounds authorized under this Article or under Sections 243, 244, or
16 
245 of this Code shall submit their oral objection to the chairman of the board
17 
of canvassers at the time the questioned return is presented for inclusion in the
18 
canvass. Such objection shall be recorded in the minutes of the canvass.
19 
(b) Upon receipts of any such objection, the board of canvassers shall automatically
20 
defer the canvass of the contested returns and shall proceed to canvass the
21 
returns which are not contested by any party.
22 
(c) Simultaneous with the oral objection, the objecting party shall also enter his
23 
objection in the form for written objections to be prescribed by the Commission.
24 
Within twenty-four (24) hours from and after the presentation of such an
25 
objection, the objecting party shall submit the evidence in support of the
26 
objection, which shall be attached to the form for written objections. Within the
27 
same period of twenty-four (24) hours after presentation of the objection, any
28 
party may file a written and verified opposition to the objection In the form also
29 
to be prescribed by the Commission, attaching thereto supporting evidence, if
30 
any. The board shall not entertain any objection or opposition unless reduced
31 
to writing in the prescribed forms.
32 
The evidence attached to the objection or opposition, submitted by the parties,
33 
shall be Immediately and formally admitted into the records of the board by the
34 
chairman affixing his signature at the back of each every page thereof.
35 
(d) Upon receipt of the evidence, the board shall take up the contested returns,
36 
consider the written objections thereto and opposition, if any, and summarily
37 
and immediately rule thereon. The board shall enter its ruling on the prescribed
38 
form and authenticate the same by the signatures of its members.
158


1 
(e) Any party adversely affected by the ruling of the board shall immediately inform
2 
the board if he or she intends to appeal said ruling. The board shall enter said
3 
information in the minutes of the canvass, set aside the returns and proceed to
4 
consider the other returns.
5 
(f) After all the uncontested returns have been canvassed and the contested return
6 
ruled upon by it, the board shall suspend the canvass. Within forty-eight (48)
7 
hours, therefrom, any party adversely affected by the ruling may file with the
8 
board a written and verified notice of appeal; and within an unextendible period
9 
of five (5) days thereafter an appeal may be taken to the Commission.
10 
(g) Immediately upon receipt of the notice of appeal, the board shall make an
11 
appropriate report to the Commission, elevating therewith the complete records
12 
and evidence submitted in the canvass, and furnishing the parties with copies
13 
of the report.
14 
(h) On the basis of the record and evidence elevated to it by the board, the
15 
Commission shall decide summarily the appeal within seven (7) days from
16 
receipt of said record and evidence. Any appeal brought before the Commission
17 
on the ruling of the board, without the accomplished forms and the evidence
18 
appended thereto, shall be summarily dismissed.
19 
The decision of the Commission shall be executory after the lapse of seven (7)
20 
days from receipts thereof by the losing party unless restrained by the Supreme
21 
Court.
22 
(i) The board of canvassers shall not proclaim any candidate as winner unless
23 
authorized by the Commission after the latter has ruled on the object brought
24 
to it on appeal by the losing party. Any proclamation made in violation hereof
25 
shall be void ab initio, unless the contested returns will not adversely affect the
26 
results of the 
election.
27 
SEC. 366. Summary Disposition of Pre-proclamation Controversies. - All pre-
28 
proclamation controversies on election returns or certificates of canvass shall, on the
29 
basis of the records and evidence elevated to it by the board of canvassers, be
30 
disposed of summarily by the Commission within seven (7) days from receipt thereof.
31 
Its decisions shall be executory after the lapse of seven (7) days from receipt by the
32 
losing party of the decision of the Commission, unless restrained by the Supreme
33 
Court.
34 
SEC. 367. Partial proclamation. - Notwithstanding the pendency of any pre-
35 
proclamation controversy, the Commission may summarily order the proclamation of
36 
other winning candidates whose election will not be affected by the outcome of the
37 
controversy.
38 
SEC. 368. Effect of filing petition to annul or to suspend the proclamation. -
39 
The filing with the Commission of a petition to annul or to suspend the proclamation
159


1 
of any candidate shall suspend the running of the period within which to file an election
2 
protest or quo warranto proceedings.
4 
Article 36
5 
Election Contests
6 
SEC. 369. Jurisdiction of the Commission. - The Commission shall be the sole
7 
judge of all contests relating to the elections, returns, and qualifications of all elective
8 
regional, provincial, and city officials, and appellate jurisdiction over all contests
9 
involving elective municipal officials decided by trial courts of general jurisdiction, or
10 
involving elective barangay officials decided by trial courts of limited jurisdiction.
11 
SEC. 370. How initiated. - An election contest Is initiated by the filing of an
12 
election protest or a petition for quo warranto against an elective official. An election
13 
protest shall not include a petition for quo warranto, nor shall a petition for quo
14 
warranto include an election protest.
15 
SEC. 371. Eiection protests for municipai and barangay offices. - A verified
16 
petition contesting the election or returns of an elective municipal or barangay official
17 
shall be filed with the proper regional trial court or municipal trial court, as the case
18 
may be, by any candidate who was voted for the same office and who received the
19 
second or third highest number of votes or, in a multi-slot position, was among the
20 
next four candidates following the last-ranked winner duly proclaimed, as reflected in
21 
the official results of the election contained in the Statement of Votes By Precinct,
22 
within ten days from the date of proclamation. The party filing the protest shall be
23 
designated as the protestant; the adverse party shall be known as the protestee. The
24 
petition shall be accompanied by a certification against forum-shopping.
25 
Each contest shall refer exclusively to one office; however, contests for offices
26 
of Sangguniang Bayan or Sangguniang Barangay may be consolidated in one case.
27 
SEC. 372. Election protests for regional, provincial, and city offices. - A verified
28 
petition contesting the election or returns of a regional, provincial, or city elective
29 
official shall be filed with the Commission by any candidate who was voted for the
30 
same office and who received the second or third highest number of votes or, in a
31 
multi-slot position, was among the next four candidates following the last-ranked
32 
winner duly proclaimed, as reflected in the official results of the election contained in
33 
the Statement of Votes By Precinct, within ten days from the date of proclamation.
34 
The party filing the protest shall be designated as the protestant; the adverse party
35 
shall be known as the protestee. The petition shall be accompanied by a certification
36 
against forum-shopping.
37 
Each contest shall refer exclusively to one office; however, contests for offices
38 
of Sangguniang Panlalawigan, Sangguniang Panglungsod, or Parliaments of
39 
Autonomous Regions may be consolidated in one case.
160


1 
SEC. 373. Grounds for election protests. - An election protest shall be
2 
grounded on fraud or irregularities committed in the conduct of the elections, the
3 
casting and counting of the ballots, the transmission of results, and the preparation
4 
and canvassing of returns. The issue in every election protest shall always be who,
5 
among the candidates, obtained the plurality of valid votes cast.
6 
SEC. 374. Petition for quo warranto. - Any registered voter contesting the
7 
election of any regional, provincial, or city official on the ground of ineligibility or of
8 
disloyalty to the Republic of the Philippines shall file a verified petition for quo warranto
9 
with the Commission within ten days after the proclamation of such official.
10 
Any registered voter contesting the election of any municipal or barangay
11 
official on the ground of ineligibility or of disloyalty to the Republic of the Philippines
12 
shall file a verified petition for quo warranto with the regional trial court or first level
13 
court, respectively, within ten (10) days after the proclamation of such official.
14 
The petitions referred to in this section shall be accompanied by a certification
15 
against forum-shopping.
16 
SEC. 375. Procedure in election contests. - The Commission shall prescribe the
17 
rules that shall govern the procedure in election contests involving elective regional,
18 
provincial, and city positions not later than sixty days before such elections. The Court
19 
shall prescribe the rules that shall govern election contests pertaining to elective
20 
municipal and barangay positions.
21 
The rules prescribed by the Commission and the Court shall provide simple and
22 
inexpensive procedures for the expeditious and just disposition of election contests.
23 
Such procedures shall be published in at least two newspapers of general circulation.
24 
SEC. 376. Issuance of precautionary protection order. - Where the allegations
25 
in a protest so warrant, the court or the Commission, as the case may be, shall order,
26 
simultaneously with the issuance of summons, the treasurer and election officer
27 
concerned to take immediate and appropriate measures to safeguard the integrity of
28 
all the ballot boxes, the ballots, the lists of voters, voting records, the books of voters,
29 
and other documents or paraphernalia used in the election, and, in case of hybrid
30 
elections, the automated election equipment and other devices such as the data
31 
storage devices containing electronic data evidencing the conduct and results of
32 
elections in the contested precincts.
33 
SEC. 377. When ballot boxes and election documents are brought before the
34 
court. - Within forty-eight (48) hours from receipt of an answer with counter-protest,
35 
when the allegations in a protest or counter-protest so warrant, the court or the
36 
Commission, as the case may be, shall order the ballot boxes with their keys, the lists
37 
of voters and voting records, the books of voters, other documents or paraphernalia,
38 
and, in case of hybrid elections, the automated election equipment, consolidation
161


1 
machines, and the electronic data storage devices involved in the protest or counter-
2 
protest, to be brought before it.
3 
The parties shall be notified of the date and time of retrieval and transfer from
4 
their respective custodians of the ballot boxes, the automated election equipment and
5 
consolidation machines, the electronic data storage devices, the lists of voters and
6 
voting records, the books of voters, and other documents or paraphernalia. The
7 
parties may send representatives to witness the retrieval and transfer. The absence,
8 
however, of a representative of a party shall not be a reason to postpone or delay the
9 
retrieval or transfer of the above-mentioned equipment, devices, and election
10 
documents.
11 
The court or the Commission, at its discretion, may seek the assistance of the
12 
Philippine National Police (PNP) or the Armed Forces of the Philippines in ensuring the
13 
safe delivery of the ballot boxes and the election equipment, devices, and documents
14 
to its custody.
15 
Where any of the election equipment, devices, and documents mentioned
16 
above are also involved in election contests before the Presidential Electoral Tribunal,
17 
the Senate Electoral Tribunal, or the House of Representatives Electoral Tribunal with
18 
preferential rights of custody and revision, the court or the Commission, as the case
19 
may be, shall coordinate with and make the appropriate request to such tribunals for
20 
the temporary prior custody of said election equipment, devices, and documents or
21 
for the synchronization of revision activities.
22 
The expenses necessary and incidental to the production in court of the ballot
23 
boxes and election documents and the production, storage and maintenance of the
24 
automated election equipment, data storage devices, election paraphernalia and
25 
documents shall be shouldered and promptly paid by the protestant and counter-
26 
protestant in proportion to the precincts covered by their protects and counter-
27 
protests. The expenses necessary and incidental to the return of the materials and
28 
documents produced in court to their original custodians or to the proper tribunal after
29 
the termination of the case shall likewise be shared proportionately by the protestant
30 
and the protestee based on the number of precincts they respectively contest.
31 
SEC. 378. Access to electronic data in the COMELEC back-up server. - Upon
32 
motion duly made based on demonstrated need, the court or the Commission may, in
33 
cases involving hybrid elections, order that the moving party shall be given access to,
34 
or to recover and use, electronic data from the back-up server of the Commission
35 
under conditions and safeguards required by the Commission.
36 
SEC. 379. Revision of ballots in election protest - Where the allegations In a
37 
protest or counter-protest so warrant and the interests of justice so require, the court
38 
or the Commission, as the case may be, shall, through a revision/recount committee,
39 
examine the ballots and manually recount the votes covered by the protest and
162


1 
counter-protest: Provided, That the Revised Rules on Evidence, as promulgated by
2 
the Supreme Court, shall apply in ascertaining the admissibility and weight of the
3 
results of the revision.
4 
SEC. 380. Decisions in Election Contests. - The Regional Trial Court and the
5 
first level courts, as the case may be, shall decide all election contest cases brought
6 
before it within thirty (30) days from the date of their submission for decision. In no
7 
case shall the Regional Trial Court or the first level courts render its decision beyond
8 
six (6) months after the filing of the protest, unless otherwise authorized by the
9 
Supreme Court.
10 
The decisions of aforesaid courts shall be appealable to the Commission sitting
11 
in divisions within five (5) days from promulgation thereof. No motion for
12 
reconsideration of the decision of the Regional Trial Court or the first level court shall
13 
be allowed.
14 
The Commission shall decide all election contests brought before it, whether in
15 
the exercise of its original jurisdiction or appellate jurisdiction, within thirty (30) days
16 
from the date of their submission for decision. In no case shall the Commission, in the
17 
exercise of its appellate jurisdiction, render its decision beyond six (6) months from
18 
the date of appeal; or beyond twelve (12) months from the filing of the petition, if it
19 
has original jurisdiction thereover.
20 
The decision of the Commission sitting in division may be elevated to the
21 
Commission En Banc by any party aggrieved thereby through a verified motion for
22 
reconsideration filed within five (5) days from promulgation of the assailed decision.
23 
The Commission En Banc shall decide all election contest cases within three (3)
24 
months from the filing of the motion for reconsideration. All decisions by the
25 
Commission En Banc shall be final and executory unless otherwise restrained by the
26 
Supreme Court.
27 
SEC. 381. Preferential disposition of contests in courts. - The courts, in their
28 
respective cases, shall give preference to election contests over all other cases, except
29 
those of habeas corpus, petitions for the issuance of a temporary protection order in
30 
cases involving violence against women and children, petitions for a Writ of Amparo
31 
and such other cases which the Supreme Court shall deems very urgent.
32 
SEC. 382. Costs and damages. - Costs shall be allowed to the prevailing party
33 
as a matter of course. The court and the Commission shall have the power, for special
34 
reasons, to apportion the costs, as may be equitable. The court or the Commission
35 
may render judgment for costs if a protest, a counter-protest or a petition for quo
36 
warranto is dismissed. When a protest, a counter-protest, or a petition for quo
37 
warranto is found to be frivolous, double or treble costs may be imposed on the
38 
protestant, the counter-protestant or the petitioner.
163


1 
In all election contests, the court or the Commission, as the case may be, may
2 
adjudicate damages and attorney's fees as it may deem just and as established by the
3 
evidence, if the aggrieved party has included these claims in the pleadings.
4 
SEC. 383. Notice of decisions. - The clerk of court and the corresponding
5 
official in the Commission before whom an election protest or a quo warranto
6 
proceeding has been instituted or where the appeal of said case has been taken shall
7 
notify immediately the Department of Interior and Local Government of the final
8 
disposition thereof.
9 
CHAPTER X
10 
ELECTION OFFENSES
11
12 
Article 37
13 
Election Offenses Related to the Registration of Voters
14 
SEC. 384. Threats, intimidation, terrorism, use of frauduient device or other
15 
forms of coercion to induce or prevent registration. - Any person who, directiy or
16 
indirectly, threatens, intimidates or actually causes, inflicts, or produces any violence,
17 
injury, punishment, damage, loss or disadvantage upon any person or persons or that
18 
of the immediate members of his family, his honor or property, or uses any fraudulent
19 
device or scheme to compel or induce the registration or refraining from registration
20 
of any voter shall be liable for an election offense.
21 
Any person who delays, hinders or obstruct another from registering shall
22 
likewise be criminally liable under this Code.
23 
SEC. 385. Materia! misrepresentation in the registration application. - Any
24 
person who gives false information as to one's name, address, age, or period of
25 
residence for the purposes of establishing the eligibility or ineligibility to register or
26 
vote under this Code; or who conspires with another person for the purpose of
27 
encouraging the giving of false Information in order to establish the eligibility or
28 
ineligibility of any Individual to register or vote under this Code; or who pays, offers
29 
to pay, or accepts payment for application for registration shall be guilty of an election
30 
offense.
31 
Furthermore, any person who assisted an illiterate person, a person with
32 
disability, or a senior citizen, who caused such applicant to set forth any false or
33 
untruthful statement relative to any of the data or information required in the
34 
application for registration or transfer of registration shall also be liable for an election
35 
offense.
36 
SEC. 386. Approval of unqualified registrants. -The members of the election
37 
registration board who approve any application for registration or transfer of
38 
registration which on its face shows that the applicant does not possess all the
164


1 
qualifications prescribed by law for a voter or who disapproves any application which
2 
on its face shows that the applicant possesses all such qualifications and there is no
3 
objection, contest, or opposition against such applicant's application shall be liable for
4 
an election offense.
5 
SEC. 387. Double Registration and Substituted Registration. - Any person who,
6 
being a registered voter, registers anew or attempts to register anew shall be guilty
7 
of an election offense: Provided however. That any person who attempts to register
8 
anew but discloses the fact of his prior registration and who desisted from further
9 
attempting to register after having been informed by the Election Officer that he or
10 
she is still registered shall not be liable for an election offense.
11 
Likewise, criminally liable under this Code is any person who registers or
12 
attempts to register in substitution for another whether with or without the latter's
13 
knowledge or consent, as well as any person who registers or attempts to register any
14 
deceased or fictitious person.
15 
SEC. 388. Tampering of application for registration, the registration records,
16 
or the certified list of voters. - Any person who tampers with or changes without
17 
authority any data or entry in any voter's application for registration shall be guilty of
18 
an election offense. Likewise, criminally liable is any person who, in any manner,
19 
physically or electronically tampers, tears, defaces, removes, or otherwise alters any
20 
registration record, book of voters, or certified list of voters without authority from the
21 
Commission. Any form of data or system interference or illegal access, as understood
22 
under R.A. 10175, involving the documents and files mentioned in this Section shall
23 
constitute an election offense hereunder.
24 
SEC. 389. Unlawful transfer of precinct assignment. - Any person who
25 
changes, alters, or transfers the precinct assignment of a voter in the permanent list
26 
of voters without the express written consent of the voter shall be guilty of an election
27 
offense: Provided, however. That if the voter shall unreasonably withholds such
28 
consent the criminal liability mentioned hereunder shall not apply.
29 
SEC. 390. Election Offenses by the Election Officer and Members of the
30 
Election Registration Board. - The members of the Election Registration Board shall be
31 
held liable for an election offense should they fail, without legal justification, to post,
32 
within the time and on the places prescribed in this Code, the certified list of voters or
33 
the action taken on the applications for registration.
34 
The Election Officer who shall, without valid justification, fail to perform any of
35 
the foregoing within the time and in the places prescribed by this Code shall be
36 
criminally liable hereunder:
37 
(a) set the applications for registration for hearing;
38 
(b) post notices of such hearing; or
165


1 
(c) preserve and safekeep the voter's registration records in the manner prescribed
2 
by the Commission.
4 
Article 38
5 
Election Offenses Related to the Certificate Of Candidacy and the
6 
Registration of Political and Sectoral Parties, Organizations, and Coalitions
7 
SEC. 391. Material Misrepresentation in the Certificate of Candidacy and in the
8 
Certificate of Nomination and Acceptance. - Any person who commits any
9 
misrepresentation as to a material matter in his or her Certificate of Candidacy shall
10 
be guilty of an election offense. Likewise, any person who commits a material
11 
misrepresentation in the Certificate of Nomination and Acceptance shall be criminally
12 
liable hereunder.
13 
SEC. 392. Material Misrepresentation in the Petition for Registration. - The
14 
president and chairperson of the political or sectoral group, party, organization or
15 
coalition, together with the signatory of the petition for registration or accreditation,
16 
shall be liable for an election offense should such petition contain any false statement
17 
in any matter required by this Code to be stated therein.
18 
SEC. 393. Improper Substitution of Party-List Nominees. - It shall be unlawful
19 
for any nominee of a party-list group to feign any incapacity for the purpose of being
20 
substituted. In such cases, the president and chairperson of the party-list group and
21 
the nominee or nominees who feigned such incapacity shall be criminally liable. The
22 
person or persons who substituted the erring nominee or nominees are also liable for
23 
the election offense hereunder if they knew or were in a reasonable position to know
24 
that said nominee or nominees were merely feigning their incapacity.
25 
SEC. 394. Refusal to receive or acknowledge receipt of the certificate of
26 
candidacy. - Except in case of barangay and sangguniang kabataan elections, it shall
27 
be unlawful for any officer of the Commission to refuse to receive any certificate of
28 
candidacy filed with him or her or refuse to acknowledge receipt of the same.
29 
In case of barangay and Sangguniang Kabataan elections, it shall be unlawful
30 
for any election officer to refuse receipt of any certificate of candidacy which does not,
31 
on its face, bear out that the prospective candidate is ineligible or that he or she does
32 
not meet the qualifications pertaining to age, residence, or registered voter status as
33 
set forth by law. Likewise, the election officer shall be liable for an election offense if
34 
he or she refuses to issue a notice of rejection pursuant to Section 308 of this Code
35 
or fails to comply with the directive of the provincial election supervisor to include the
36 
prospective candidate in the official list of candidates pursuant to the same section.
37 
Finally, in barangay and Sangguniang Kabataan elections, it shall be unlawful
38 
for the Provincial Election Supervisor to refuse receipt of the certificate of candidacy
166


1 
of any prospective candidate if the same is filed with the notice of rejection from the
2 
election officer concerned.
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
SEC. 395. Abstracting, destroying, canceiiing, or tampering a certificate of 
candidacy. - Any person who abstracts, destroys, tampers, forges, or cancels any 
certificate of candidacy duly filed and which has not been cancelled upon order of the 
Commission shall be liable for an election offense.
Section 396. Spurious certificate of candidacy; receipt of candidacy despite 
expiration of the period for fiiing. - Any person who submits any false or spurious 
certificate of candidacy or document to the prejudice of a candidate shall be criminally 
liable under this Chapter.
Any person who, being authorized to receive certificates of candidacy, receives 
any certificate of candidacy outside the period for filing the same and makes it appear 
that said certificate of candidacy was filed on time; or any person who, by means of 
fraud, threat, intimidation, terrorism or coercion, causes or compels the commission 
of said act shall be guilty of an election offense.
Article 39
Election Offenses Related to the Election Campaign 
and Campaign Finance
SEC. 397. Coercion reiated to campaigning. - It shall be unlawful for any 
person to coerce, intimidate, or otherwise compel any other person, whether directly 
or indirectly, to campaign for or against a proposition, candidate, political or sectoral 
party, organization, or coalition of political parties.
It shall also be unlawful for any person, who shall, during the campaign period, 
coerce, intimidate or compel another to desist from campaigning for or against any 
proposition, candidate, party or organization if the person being coerced, intimidated 
or compelled can lawfully participate in partisan political activities.
SEC. 398. Intervention of pubic officers and employees. - It shall be unlawful 
for any officer or employee in the civil service, including those in the Armed Forces of 
the Philippines to directly or indirectly intervene in any election campaign or engage 
in any partisan political activity, except to vote or to preserve public order; Provided, 
That those holding political offices shall not be covered by the ban hereunder; 
Provided further. That job order personnel and those under contracts of service shall 
likewise be prohibited from engaging in partisan political activities. Persons who violate 
this Section shall be guilty of an election offense and shall be perpetually disqualified 
from holding public office.
167


1 
SEC. 399. Use of public funds, money deposited in trust, equipment, facilities
2 
owned or controlled by the government for an election campaign. - Any person who
3 
uses or causes to be used, under any guise whatsoever, directly or indirectly, (1)
4 
public funds or money deposited with, or held in trust by, public financing institutions
5 
or by government offices, banks, or agencies; (2) any printing press, radio, television
6 
station, audio-visual equipment, website, computer, server, internet services, or any
7 
other information and communications machine or equipment operated by the
8 
Government or by its divisions, sub-divisions, agencies or instrumentalities, including
9 
government-owned or controlled corporations, or by the Armed Forces of the
10 
Philippines; or (3) any equipment, vehicle, facility, apparatus, or paraphernalia owned
11 
by the government or by its political subdivisions, agencies including government-
12 
owned or controlled corporations, or by the Armed Forces of the Philippines for any
13 
election campaign or for any partisan political activity shall be guilty of an election
14 
offense. The prohibition hereunder shall begin after the last day of the filing of the
15 
certificates of candidacy.
16 
SEC. 400. Unjustified refusal to grant permit - Any punong barangay,
17 
municipal or city mayor, or governor who shall unjustifiably deny any application for
18 
the holding of a peaceful political rally, meeting, or other similar activities, including
19 
rallies, meetings, and similar activities to campaign for or against a proposition in case
20 
of a plebiscite, initiative, or referendum, shall be criminally liable.
21 
Section 401. Interference with a lawful election campaign or propaganda. -
22 
Any person who interferes, breaks up, or prevents, without legal ground, any political
23 
rally or campaign or, in case of plebiscite, referendum, or initiative, any lawful activity
24 
conducted in support or opposition of any proposition, shall be guilty of an election
25 
offense. If the offender is a public officer, he shall likewise be perpetually disqualified
26 
from holding public office.
27 
It shall also be unlawful for any person to jam, obstruct, or interfere with a
28 
radio, television, or internet broadcast of any lawful political program or advertisement
29 
including, in the case of plebiscite, referendum, or initiative, programs or
30 
advertisements espousing support or opposition to any proposition.
31 
SEC. 402. Prohibition against discrimination in the sale of air time. - Any person
32 
operating a radio or television station who, without justifiable cause, discriminates
33 
against any political party, coalition or aggroupment of parties or any candidate in the
34 
sale of air time, or who manifests undue bias in the sale of such air time for or against
35 
a proposition, in case of plebiscite, referendum, or initiative, shall be guilty of an
36 
election offense. In addition to the penalty prescribed herein, such refusal shall
37 
constitute a ground for cancellation or revocation of the franchise.
38 
SEC. 403. Other Election Offenses Related to Election Campaigns. - Any person
39 
who violates Sections 95, 96, 97, 98, 99, 100, 101, 104, 107, 108, 109, or 110 of this
40 
Code shall be guilty of an election offense.
168


1 
SEC. 404. Election Offenses Related to Campaign Finance. - Any person who
2 
shall violate Sections 111, 112, 113, 114, 115, 116, 117, or 118 of this Code shall be
3 
liable for an election offense.
4 
SEC. 405. Violation of the Rules and Regulations of the Commission. - Any
5 
person who violates the rules and regulations duly promulgated by the Commission to
6 
implement Article 9 of this Code shall be criminally liable under this Article.
8 
Article 40
9 
Election Offenses Related to the Election Period and Campaign Period
10 
SEC. 406. Appointment of new employees, creation of new position,
11 
promotion, or giving salary increases. - The following shall be criminally liable
12 
hereunder:
13 
(l)any head, official or appointing officer of a government office, agency or
14 
instrumentality, whether national or local, including government-owned or
15 
controlled corporations, who, during the election period, appoints or hires any
16 
new employee, whether provisional, temporary or casual, or creates and fills
17 
any new position, except upon prior authority of the Commission. The
18 
Commission shall not grant the authority sought unless, it is satisfied that the
19 
position to be filled is essential to the proper functioning of the office or agency
20 
concerned, and that the position shall not be filled in a manner that may
21 
influence the election.
22 
As an exception to the foregoing provisions, a new employee may be appointed
23 
in case of urgent need: Provided, however. That notice of the appointment
24 
shall be given to the Commission within three days from the date of the
25 
appointment. Any appointment or hiring in violation of this provision shall be
26 
null and void.
27 
It shall be mandatory for the Commission to resolve any request for authority
28 
to appoint or hire new employees or create and fill new positions within fifteen
29 
(15) days from the filing of the same.
30 
(2) Any government official who, within the election period, promotes, or gives any
31 
increase of salary or remuneration or privilege to any government official or
32 
employee, including those in government-owned or controlled corporations.
33 
SEC. 407. Transfer of officers and employees in the civil service. - Any public
34 
official who makes or causes any transfer or detail whatsoever of any officer or
35 
employee in the civil service including public school teachers, within the election
36 
period, except upon prior approval of the Commission shall be liable for an election
37 
offense.
169


1 
From their appointment as such and until the end of the election period or the
2 
official proclamation of winning candidates, whichever comes earlier, no member of
3 
the board of canvassers shall leave his or her official station without prior authority of
4 
the Commission.
5 
SEC. 408. Suspension of elective provincial, city, municipal or barangay officer.
6 
- The provisions of law to the contrary notwithstanding, during the election period,
7 
any public official who suspends, without prior approval of the Commission, any
8 
elective provincial, city, municipal or barangay officer, shall be guilty of an election
9 
offense: Provided, That the prohibition shall not apply if said suspension will be for
10 
purposes of applying the "Anti-Graft and Corrupt Practices Act" in relation to the
11 
suspension and removal of elective officials.
12 
SEC. 409. Appointment or use of armed groups. - During the election period,
13 
any appointing authority who appoints or constitutes an armed group in whatever
14 
guise or designation or any person who utilizes the services of an armed group shall
15 
be liable for an election offense: Provided, That the services of duly licensed security
16 
firms may be availed of to provide security to residences, places of business, offices,
17 
storage houses, or any other place where the deployment of security personnel is
18 
necessary to prevent damage or loss of property or personal injury or loss of life:
19 
Provided further. That the President, Vice-President, Supreme Court Justices,
20 
Senators, Members of the House of Representatives, Court of Appeals Justices,
21 
Commissioners of the Constitutional Commissions, the Ombudsman and his deputies,
22 
Department Secretaries, the Solicitor General, Generals of the Armed Forces or of the
23 
Philippine National Police, and other government officials not enumerated above or
24 
any retired government official, who, at least six months prior to the election period
25 
or the thirty-day period previously mentioned herein, have been assigned a security
26 
detail, shall be allowed to retain such security detail: Provided, however. That other
27 
government officials or retired government officials not falling within the immediately
28 
preceding proviso, as well as private individuals, including candidates, may apply with
29 
the Commission for a security detail from the Philippine National Police or other law
30 
enforcement agencies of the government upon a showing that the circumstances so
31 
warrant: Provided finally. That all the security personnel, as well as, the government
32 
officials, retired government officials, and private individuals mentioned in this section
33 
shall still be required to obtain exemption from the ban on carrying firearms and
34 
deadly weapons, unless otherwise automatically exempted by the Commission
35 
through a duly promulgated resolution.
36 
At the beginning of the election period, all armed groups shall turn over their
37 
firearms, uniforms, insignias and other badges of authority to the Philippine National
38 
Police. Failure to do so shall constitute an election offense.
39 
As used in this section, the term "armed group" shall refer to a group of two or
40 
more individuals who carry weapons, whether openly or in a concealed manner, who
170


1 
are under the control, supervision, or command of a person or group of persons, and
2 
who are not members of the armed units of the Philippine Armed Forces, Philippine
3 
National Police, Bureau of Fire Protection, Bureau of Jail Management and Penology,
4 
Philippine Drug Enforcement Agency, National Bureau of Investigation, other law
5 
enforcement agencies. Citizen Armed Forces Geographical Units, security forces of the
6 
Senate, Flouse of Representatives, the Constitutional Commissions, the Supreme
7 
Court, and the Office of the Ombudsman, and armed units constituted, created, or
8 
maintained in accordance with statute. For this purpose, any form of barangay,
9 
municipal, city, or provincial security forces constituted, created, or maintained by
10 
mere ordinance or resolution shall be considered as an armed group within the
11 
purview of this section.
12 
SEC. 410. Ban on carrying of firearms and other deadly weapons. - The
13 
issuance of firearms licenses shall be suspended during the election period. Any
14 
person who carries or bears any firearm outside his residence or place of business
15 
during such period, unless authorized in writing by the Commission, shall be liable for
16 
an election offense: Provided, That a motor vehicle, water or air craft shall not be
17 
considered a residence or place of business or extension hereof.
18 
This prohibition shall not apply to cashiers and disbursing officers while in the
19 
performance of their duties or to persons who by nature of their official duties,
20 
profession, business or occupation habitually carry large sums of money or valuables.
21 
Regular members or officers of the Philippine National Police, the Armed Forces
22 
of the Philippines and other enforcement agencies of the Government may be
23 
authorized to carry and possess firearms during the election period: Provided, That,
24 
when in the possession of firearms, the law enforcement officer must be: (a) in full
25 
uniform showing clearly and legibly his name, rank and serial number which shall
26 
remain visible at all times; and (b) in the actual performance of his law enforcement
27 
duty in the specific area where he or she is assigned or detailed. Exceptions to the
28 
foregoing requirements may be allowed by the Commission only in meritorious cases,
29 
upon petition by enforcement agency concerned.
30 
It shall likewise be unlawful to carry outside of one's residence or place of
31 
business any bladed, pointed or blunt weapon such as 'knife', 'spear', 'pana', 'dagger',
32 
'bob', 'barong', 'kris', 'chako', or similar weapons, except where such articles are being
33 
used as necessary tools or implements to earn a livelihood or in pursuit of a lawful
34 
activity.
35 
No deadly weapon be allowed in the polling place and within a radius of one
36 
hundred meters thereof during the days and hours fixed by law or by the Commission
37 
for voting, counting of votes, or preparation of the election returns. Flowever, in cases
38 
of affray, turmoil, or disorder, any peace officer or public officer authorized by the
39 
Commission to supervise the election is entitled to carry firearms or any other weapon
40 
for the purpose of preserving order and enforcing the law.
171


1 
SEC. 411. Use of armored land, water or air craft. - Any person who uses
2 
during the election period, including the election day, any armored land, water or air
3 
craft, provided with any temporary or permanent equipment or any other device or
4 
contraption for the mounting or installation of cannons, machine guns and other
5 
similar high caliber firearms, including military type tanks, half trucks, scout trucks,
6 
armored trucks, of any make or model, whether new, reconditioned, rebuilt or re-
7 
modelled: Provided, That banking or financial institutions and all business firms may
8 
use armored vehicles, in the number reasonably necessary for its operations, strictly
9 
for, and limited to, the purpose of transporting cash, gold bullion or other valuables
10 
in connection with their business from and to their place of business, upon previous
11 
authority of the Commission.
12 
SEC. 412. Wearing of uniforms and bearing of arms. - During the election
13 
period, any member of the Philippine National Police, Armed Forces of the Philippines,
14 
Citizen Armed Forces Geographical Unit and other law enforcement units organized,
15 
created, and maintained In accordance with law or privately-owned or operated
16 
security, investigative, protective or intelligence agencies, who wears his uniform or
17 
uses his insignia, decorations or regalia, or bears arms outside the immediate vicinity
18 
of his place of work, place of assignment, place of detail, camp, garrison, or barracks,
19 
shall be liable for an election offense: Provided, That this prohibition shall not apply
20 
when said member is in pursuit of a person who has committed or is committing a
21 
crime; when he is in the actual performance of his duties; when he is escorting or
22 
providing security for the transport of payrolls, deposits, or other valuables; or when
23 
guarding private residences, buildings, or offices.
24 
The Commission may, upon application and only if necessary to maintain peace
25 
and order or preserve the internal or external security of the country, exempt specific
26 
units of the Armed Forces, the Philippine National Police, and other law enforcement
27 
agencies from the foregoing requirements: Provided, That all personnel authorized to
28 
bear arms or wear their uniforms outside the places mentioned in the preceding
29 
paragraph shall bear their true name, rank and serial number.
30 
During the election period, whenever the Commission finds it necessary for the
31 
promotion of free, orderly, honest and peaceful elections in a specific area, it shall
32 
confiscate or order the confiscation of firearms of any member or members of the
33 
Armed Forces of the Philippines, the Philippine National Police, other law enforcement
34 
agencies, security firms or agencies, or any other person or persons.
35 
The prohibitions under this Section and the last three preceding sections, as
36 
well as the exemptions thereto, shall also apply on the day of a plebiscite, referendum,
37 
or initiative, and the thirty-day period prior thereto but only in the areas covered or
38 
affected by such plebiscite, referendum, or initiative.
39 
SEC. 413. Prohibition on the release, disbursement or expenditure of public
40 
funds for any and all kinds of public works. - Any public official or employee Including
172


1 
barangay officials and those of government-owned or controlled corporations and their
2 
subsidiaries, who, during the campaign period for local officials, releases, disburses or
3 
expends any public funds for any and all kinds of public works shall be criminally liable:
4 
Provided, however, That the following shall not be covered by the prohibition:
5 
(a) Maintenance of existing and/or completed public works project: Provided, That
6 
not more than the average number of laborers or employees already employed
7 
therein during the six-month period immediately prior to the beginning of the
8 
local campaign period shall be permitted to work during such time: Provided,
9 
further. That no additional laborers shall be employed for maintenance work
10 
within the said period;
11 
(b) Work undertaken by contract through public bidding held, or by negotiated
12 
contract awarded, before the local campaign period: Provided, That work for the
13 
purpose of this section undertaken under the so-called "takay" or "paquiao"
14 
system shall not be considered as work by contract;
15 
(c) Payment for the usual cost of preparation for working drawings, specifications,
16 
bills of materials, estimates, and other procedures preparatory to actual
17 
construction including the purchase of materials and equipment, and all
18 
incidental expenses for wages of watchmen and other laborers employed for
19 
such work in the central office and field storehouses before the beginning of
20 
such period: Provided, That the number of such laborers shall not be increased
21 
over the number hired when the project or projects were commenced;
22 
(d) Emergency work necessitated by the occurrence of a public calamity, but such
23 
work shall be limited to the restoration of the damaged facility;
24 
(e) Ongoing public works projects commenced before the campaign period or similar
25 
projects under foreign agreements. For purposes of this provision, it shall be the
26 
duty of the government officials or agencies concerned to report to the
27 
Commission the list of all such projects being undertaken by them.
28 
No payment shall be made within five days before the date of election to
29 
laborers or contractors who have rendered services in projects or works except those
30 
falling under subparagraphs (a), (b), (c), (d), and (e) of this section.
31 
SEC. 414. Prohibition on undertaking of construction of public works, delivery
32 
of materials for public works and issuance of treasury warrants and similar devices. -
33 
During the local campaign period, any person who (a) undertakes the construction of
34 
any public works, except for projects or works exempted in the preceding section; or
35 
(b) issues, uses, or avails of treasury warrants or any security or contract undertaking
36 
future delivery of money, goods or other things of value chargeable against public
37 
funds shall be guilty of an election offense.
38 
SEC. 415. Prohibition on the release, disbursement or expenditure of public
39 
funds for housing and social welfare services and development - Any public official or
173


1 
employee including barangay officials and those of government-owned or controlled
2 
corporations and their subsidiaries, who, during the campaign period for local officials,
3 
releases, disburses or expends any public funds for any of the services undertaken or
4 
offered by Department of Social Welfare and Development (DSWD), the Department
5 
of Human Settlements and Urban Development (DHSUD) and any other office in other
6 
departments or agencies of the government performing functions simiiar to the DSWD
7 
or DHSUD, including the social services or public housing offices or departments of
8 
local government units, shall be guilty of an election offense: Provided, however. That
9 
expenses for salaries of personnel, routine and normal expenses, and such other
10 
expenses as the Commission may authorize after due notice and hearing shall not be
11 
covered by the prohibition.
12 
Should a calamity or disaster occur, the Commission shall exempt the DSWD
13 
and similar departments, offices, and agencies operating within the affected area from
14 
the prohibition in the preceding paragraph: Provided, That no candidate or his or her
15 
spouse or member of his family within the second civil degree of affinity or
16 
consanguinity shall participate, directly or indirectly, in the distribution of any relief or
17 
other goods to the victims of the calamity or disaster.
18 
Article 41
19 
Election Offenses Related to Voting or the Voting Period
20 
SEC. 416. Vote-buying and vote-seiiing; conspiracy to commit vote-buying. -
21 
Any person who gives, offers or promises money or anything of value, gives or
22 
promises any office or employment, franchise or grant, public or private, or makes or
23 
offers to make an expenditure, directly or indirectly, or cause an expenditure to be
24 
made to any person, association, corporation, entity, or community in order to induce
25 
anyone or the public in general to vote for or against any proposition, candidate, or
26 
political or sectoral party, organization or coalition, or to withhold his vote in the
27 
election, plebiscite, referendum, or initiative, as the case may be, shall be liable for an
28 
election offense.
29 
Any person, association, corporation, group or community who solicits or
30 
receives, directly or indirectly, any expenditure or promise of any office or
31 
employment, public or private, for any of the foregoing considerations shall likewise
32 
be criminally liable hereunder.
33 
When two or more persons, whether candidate or not, come to an agreement
34 
concerning the commission of any violation of the first paragraph of this section, and
35 
decide to commit it, each of such persons shall be guilty of an election offense.
36 
SEC. 417. Prosecution of Vote-Buying and Vote-Seiiing. - The presentation of
37 
a complaint for violations of the preceding section, when supported by affidavits of
38 
complaining witnesses attesting to the offer or promise by or of the voter's acceptance
174


1 
of money or other consideration from the relatives, leaders or sympathizers of a
2 
candidate, shall be sufficient basis for an investigation to be immediately conducted
3 
by the Commission or other prosecuting arms of the government.
4 
Proof that at least one voter in different precincts representing at least twenty
5 
percent (20%) of the total precincts in any municipality, city, district or province has
6 
been offered, promised or given money, valuable consideration, or other expenditure
7 
by a candidate's relatives, leaders and/or sympathizers for the purpose of promoting
8 
the election of such candidate, shall constitute a disputable presumption of a
9 
conspiracy under the preceding section. The same shall also constitute as prima facie
10 
evidence of the involvement of such candidate and of his principal campaign managers
11 
in each of the municipalities, cities, districts, or provinces concerned, in the conspiracy.
12 
The giver, offeror, and promisor as well as the solicitor, acceptor, recipient and
13 
conspirator in the preceding section shall be liable as principals: Provided, That any
14 
person, otherwise guilty under said section who voluntarily gives information and
15 
willingly testifies on any violation thereof in any official investigation or proceeding
16 
shall be exempt from prosecution and punishment for the offenses with reference to
17 
which his information and testimony were given: Provided further. That nothing herein
18 
shall exempt such person from criminal prosecution for perjury or false testimony.
19 
SEC. 418. Coercion to vote for or against a candidate, party, or organization.
20 
- Any public officer, or any officer of any public or private corporation or association,
21 
or any head, superior, or administrator of any religious organization, or any employer
22 
or land-owner who coerces or intimidates or compels, or in any manner influence,
23 
directly or indirectly, any of his subordinates or members or parishioners or employees
24 
or house helpers, tenants, overseers, farm helpers, tillers, or lease holders to aid,
25 
campaign or vote for or against any proposition, candidate, political or sectoral party,
26 
organization, or coalition shall be liable for an election offense.
27 
Any employee or laborer who is dismissed or tenant who is ejected for refusing
28 
or failing to vote for any proposition or candidate or party-list group of his employer
29 
or landlord, as the case may be, shall be reinstated and the damages caused to the
30 
aggrieved party, including unearned income and moral damages, shall be restored to
31 
him upon application with the proper court and without prejudice to the criminal
32 
liability of the offender as set forth in this Chapter.
33 
Any person who, directly or indirectly, threatens, intimidates or actually causes,
34 
inflicts or produces any violence, injury, punishment, damage, loss or disadvantage
35 
upon any person or persons or that of the immediate members of his family, his honor
36 
or property, or uses any fraudulent device or scheme to compel or induce the casting
37 
of any vote or omission to vote, or any promise of such vote or omission therefrom
38 
shall also be guilty of an election offense. Likewise, it shall be unlawful for any person
39 
to detain a voter without lawful cause, or molests him in such a manner as to obstruct
175


1 
or prevent him from going to the polling place to cast his vote or from returning home
2 
after casting his vote, or to compel him to reveal how he voted.
3 
SEC. 419. Multiple voting; unregistered voter; voting in substitution of another.
4 
- Any person who votes more than once in the same election, plebiscite, referendum,
5 
or initiative or who, not being a registered voter, votes in an election, plebiscite,
6 
referendum, or initiative or who votes in substitution for another whether with or
7 
without the latter's knowledge and/or consent shall be liable for an election offense.
8 
Furthermore, any voter who, in the course of voting, uses a ballot other than the one
9 
given by the electoral board, barangay electoral board, or PlebCom as the case may
10 
be, or has In his possession more than one official ballot, without legal justification
11 
therefor, shall also be liable for an election offense.
12 
SEC. 420. Unlawful transfer of polling place. - Any person who, without
13 
authority, transfers the location of a polling place shall be liable for an election offense.
14 
SEC. 421. Propagation of disinformation. - Any person who, for the purpose
15 
of disrupting or obstructing the election process or causing confusion among the
16 
voters, propagates, transmits or circulates, through any means including posting in
17 
social media platforms, any false report, false information, false order, directive or
18 
messages regarding any matter relating to the printing of official ballots, the
19 
postponement of the election, plebiscite, referendum, or initiative, the transfer of
20 
polling place or the general conduct of the election, plebiscite, referendum, or
21 
initiative.
22 
SEC. 422. Voting-related offenses attributable to members of the Electoral
23 
Board, Barangay Electoral Board, or PlebCom. - Aside from the election offenses
24 
mentioned in this Article, any member or members of the Electoral Board, Barangay
25 
Electoral Board, or whenever applicable, the Plebiscite Committee, as the case may
26 
be, shall be guilty of an election offense for the following acts or omissions:
27 
(a) Allowing or making possible the casting of more votes than there are registered
28 
voters;
29 
(b) Knowingly allowing any person whose name does not appear in the list of
30 
registered voters of the precinct 
concerned to vote therein without legal
31 
justification therefor;
32 
(c) Knowingly allowing a person who has already voted to vote again in the same
33 
election, plebiscite, referendum, or initiative;
34 
(d) Unjustifiably preventing any voter registered in the precinct concerned, whose
35 
name is in the certified list for such precinct, and who has not yet voted, to
36 
cast his vote even though the voting period has not yet lapsed;
37 
(e) Knowingly using ballots other than the official ballots;
176


1 
(f) Deliberately being absent from the meetings of the board or committee for the
2 
purpose of obstructing or delaying the performance of its duties or functions;
3 
(g) Refusing to sign and certify, without justifiable reason, any election form or
4 
document required by this Code or prescribed by the Commission although he
5 
was present during the meeting of the said body;
6 
(h) Any person who, being ineligible for appointment as member of the Electoral
7 
Board, the Barangay Electoral Board, or the Plebiscite Committee, as the case
8 
may be, accepts an appointment to said body, assumes office, and actually
9 
serves as a member thereof, or any of public officer or any person acting in his
10 
behalf who appoints such ineligible person knowing him to be ineligible;
11 
(i) Engaging in any partisan political activity after he has been appointed as
12 
member of the Electoral Board, Barangay Electoral Board, or PlebCom except
13 
to discharge his duties as such and to vote;
14 
(j) Failing to start the voting at the time fixed by the Commission or closing the
15 
conduct of voting before the time prescribed by the Commission, without any
16 
justifiable reason.
17 
(k) Failing to observe the procedure laid down in Section 188 of this Code,
18 
pertaining to preliminaries to voting, without any valid justification therefor.
19 
(I) Deliberately allowing any unauthorized persons in and around the polling place:
20 
Provided/ however, That the members of the Electoral Board shall not incur
21 
criminal liability should they be threatened. Intimidated, coerced, or in any
22 
manner forced against their will into allowing unauthorized persons in and
23 
around the polling place.
24 
(m) Failing, without legal justification, to observe the procedure under Section 192
25 
or any other measure required by the Commission to be observed by the
26 
electoral board, barangay electoral board, or plebcom pursuant to Section 193
27 
of this Code. In case of failure to authenticate the official ballot, only the
28 
chairperson of the electoral board shall be criminally liable;
29 
(n) Refusing to record challenges, oaths, or any other matter which the Code or
30 
the Commission requires to be recorded in the Minutes of Voting;
31 
(o) Making any announcement as to whether a certain registered voter has already
32 
voted or not, as to how many have already voted or how many so far have
33 
failed to vote, or any other fact tending to show or showing the state of the
34 
polls before the termination of the voting;
35 
(p) Making any statement at any time, except as witness before a court or the
36 
Commission, as to how any person voted;
37 
(q) Unjustifiably disallowing any duly authorized watcher in the polling place; or
38 
unlawfully depriving such watcher of any right set forth in this Code; or
177


1 
preventing any action which such watcher may lawfully take without any lawful
2 
justification therefor.
3 
SEC. 423. Other voting-related offenses. - Any person who violates Sections
4 
175, 181, 190, 194, or 195 of this Code shall be liable for an election offense.
5 
Furthermore, any person shall be liable for a criminal offense for any of the following
6 
acts:
7 
(a) Removing, tearing, defacing or destroying any certified list of candidates posted
8 
in the polling place during the hours of voting;
9 
(b) Holding or causing the holding of an election on any other day than that fixed
10 
by law or by the Commission, or stops any election being legally held;
11 
(c) Deliberate blurring of his fingerprint in the voting record; or
12 
(d) Conducting himself in such a disorderly manner as to interrupt or disrupt the
13 
work or proceedings to the end of preventing the electoral board from
14 
performing its functions, either partly or totally.
15
16 
Article 42
17 
Offenses Related to the Counting and Canvassing of Votes
18 
SEC. 424. Offenses attributable to the members of the Electoral Board,
19 
Barangay Electoral Board, or PlebCom during the counting of votes. - The electoral
20 
board, barangay electoral board, the Plebiscite Committee or any member or members
21 
thereof, shall be liable for an election offense for the following acts or omissions during
22 
the counting of votes:
23 
(a) Deliberately omitting to read the vote duly written on the ballot, or misreading
24 
the vote actually written thereon or reading the proposition or name of a
25 
candidate where no such proposition or name is written on the ballot, if the
26 
member in question is charged with the duty of reading the votes.
27 
(b) Deliberately failing to record a vote in the tally board or sheet, election returns,
28 
or other prescribed form, or erroneously recording the votes as read, or
29 
recording a vote where no such vote has been read by the chairman: Provided,
30 
That the member of the electoral board, barangay electoral board, or plebcom
31 
in question is the one charged with the duty of tallying the votes;
32 
(c) Refusing, after proper verification and hearing, to credit the correct votes or
33 
deduct such tampered votes: Provided, That if such act constitutes electoral
34 
sabotage as defined in Article 45 of this Code, the perpetrator or perpetrators
35 
shall be liable thereunder;
36 
(d) Conducting the counting of votes in any place other than the polling place,
37 
unless otherwise ordered or allowed by the Commission; or counting the votes
178


1 
without the presence of the authorized watchers unless aforesaid watchers
2 
have been duly notified of the time and place of the counting of votes; or
3 
unjustifiably and willfully preventing any authorized watcher from observing the
4 
counting of votes;
5 
(e) Conducting the counting of votes in a building or place located within the
6 
perimeter of or inside a military or police camp, reservation, headquarters,
7 
detachment or field office or within the premises of a prison or detention bureau
8 
or any law enforcement or investigation agency, with or without the consent of
9 
the Commission. Any officer of the Commission who consents to or orders that
10 
the counting of votes shall be in such building or place shall likewise be
11 
criminally liable hereunder;
12 
(f) Re-arranging the physical set up of the polling place for the purposes of
13 
counting without the presence of the watchers and outside the close view of
14 
the public; or failing to ensure that the ballot boxes and all election documents
15 
and paraphernalia are within the close view of the watchers and the public;
16 
(g) Failure, without justifiable cause, to comply with the procedure laid down by
17 
this Code or by the Commission in the handling, disposition, transmittal, and
18 
safe-keeping of the filled-in ballots, unused ballots, spoiled ballots, marked
19 
ballots, election returns, vote counting devices, and storage devices;
20 
(h) Adjourning, postponing, or delaying the counting of votes, either in the manual
21 
count, automated count, or both, before it has been fully completed, unless
22 
otherwise ordered by the Commission;
23 
(i) Deliberate failure to perform a manual count of the votes; or to prepare
24 
separate election returns for the manual count; or to prepare the required
25 
number of election returns; or, in case of hybrid elections, to conduct the
26 
automatic manual recount prescribed in Section 215 of this Code; or to conduct
27 
any other procedure laid down in aforesaid section or in the rules and
28 
regulations prescribed by the Commission relative to the counting of votes;
29 
0) Unjustified failure to sign each copy of the election returns; or to affix his or
30 
her thumbmark thereto; or to explain his or her refusal to sign or to affix his or
31 
her thumbmark; or to digitally sign the election returns that shall be transmitted
32 
electronically, if applicable;
33 
(k) Signing or authenticating any copy of the election return outside of the polling
34 
place unless there is prior consent or order of the Commission; or knowingly
35 
signing or authenticating an election return that does not accurately reflect the
36 
result of the automated count, manual count, or automatic recount, as the case
37 
may be.
38 
(1) Failure of the chairperson to distribute the copies of the election returns in
39 
accordance with the provisions of this Code; or, after the preparation of the
179


1 
election returns, to publicly read and announce the total number or registered
2 
voters, the total number of voters who actually voted, the total number of votes
3 
obtained by each candidate, party-list group, or proposition based on the
4 
eiection returns, and, in case of hybrid elections, whether there is a discrepancy
5 
between the results of the automated system and manual counting system,
6 
and the details of the said discrepancy, including the result of the recount, if
7 
any;
8 
(m) Failure to post a copy of the election returns within the premises of the polling
9 
place or counting center as prescribed in this Code;
10 
(n) Unjustified failure to electronically transmit the precinct results under the
11 
automated system to the board of canvassers, the dominant majority and
12 
minority party, the accredited citizen's arm, and the Kapisanan ng mga
13 
Broadcasters ng Piiipinas (KBP); or transmitting such results without the
14 
presence of the watchers and representatives of the accredited citizen's arm,
15 
political parties/candidates, if any, unless said watchers and representatives
16 
have been duly notified of the time when the board shall so transmit;
17 
(o) Refusal to issue accredited watchers the certificate of votes as required in this
18 
Code; or
19 
(p)In case of the barangay electoral board, willful and deliberate failure to apply
20 
the rules for the appreciation of ballots enumerated in Section 317 of this Code
21 
or to observe the procedure in the counting of votes set forth in Section 316
22 
hereof and by the Commission.
23 
SEC. 425. Unlawful removal or defacement of the posted election returns. -
24 
Any person who removes the election return posted within the premises of the poiling
25 
piace or counting center, whether within or after the prescribed forty-eight (48) hours
26 
of posting, without authority therefor, or defaces the same in any manner shail be
27 
liable for an election offense : Provided, however, That the chairperson or any member
28 
of the electoral board may remove said election returns for the purpose of immediately
29 
transferring it to a more suitable place.
30 
SEC. 426. Tampering or simulation of election returns or forging of signatures
31 
therein. - Any person who simulates an actual election return or a print or digital copy
32 
thereof; or forges thereon the signature of any or all of the members of the electoral
33 
board, shall be liable for an election offense.
34 
It shall be unlawful for any person to tamper, alter, deface, or falsify any portion
35 
of any copy of the election returns: Provided, That in the instances allowed by this
36 
Code, the electoral board may make alterations in manually accomplished election
37 
returns for the purpose of correcting any entry therein: Provided further, That such
38 
alterations shall be initialed by all the members of the electoral board or barangay
39 
electoral board as the case may be and that the results of the elections in the polling
180


1 
place concerned have not yet been announced: Provided finally, That any alteration
2 
to the election returns after the announcement of results may be done only under
3 
Section 243 of this Code or upon order of the Commission.
4 
In the event that the tampering or simulation constitutes electoral sabotage as
5 
defined under Article 45, the offender shall be liable thereunder.
6 
SEC. 427. Preventing the iivestreaming or recording of the counting; unlawful
1 
use of iivestream or video recordings. - Any person who, in any manner, prevents or
8 
interferes with the Iivestreaming or video recording of the counting of votes as
9 
provided in Section 217 of this Code, shall be liable for an election offense.
10 
Any person who shall use any photo, recorded video, or Iivestream, whether
11 
official or unofficial, taken during election day of any member of the electoral board
12 
and any other personnel of the Commission performing election duties during election
13 
day to defame or publicly shame said member of the electoral board or personnel of
14 
the Commission in social media or in any other platform, digital or otherwise, shall be
15 
guilty of an election offense.
16 
SEC. 428. Offenses attributable to the members of the Board of Canvassers,
17 
Barangay Board of Canvassers or Plebiscite Board of Canvassers. - The Board of
18 
Canvassers, Barangay Board of Canvassers, or Plebiscite Board of Canvassers, as may
19 
be applicable, or any member or members thereof, shall be liable for an election
20 
offense for the following acts or omissions:
21 
(a) Feigning an illness or otherwise deliberately being absent from the meetings of
22 
said body for the purpose of obstructing or delaying the performance of its
23 
duties or functions.
24 
(b) Accepting an appointment to said body, assuming office therein, and actually
25 
serving as a member thereof despite being ineligible for appointment as
26 
member of the board of canvassers, barangay board of canvassers, or plebiscite
27 
board of canvassers, as the case may be;
28 
(c) In case of the chairperson, his or her failure to give a written notice to all
29 
members of the board of canvassers or barangay board of canvassers, 
as the
30 
case may be, or to each candidate, political party or coalition 
of political parties
31 
fielding candidates, and parties, organizations, and coalitions under the party-
32 
list system of the date, time and place of the meeting whenever required under
33 
this Code; or his or her failure to post the certificate of canvass within the
34 
premises of the canvassing center;
35 
(d) Proceeding with the canvass of votes and/or proclamation of any candidate
36 
despite having received an order to the contrary from the Commission;
37 
(e) Proceeding with the canvass of votes and/or proclamation of any candidate or
38 
the results of a plebiscite, initiative, or referendum, as the case may be, in the
181


1 
absence of quorum; or without giving due notice of the date, time and place of
2 
the meeting of the board to the candidates, political parties, and/or other
3 
members of the board;
4 
(f) Knowingly using in the canvass of votes and/or proclamation any election
5 
returns which have been tampered with or falsified; or using in such canvass
6 
or proclamation election returns that manifestly appear to be tampered with or
7 
falsified;
8 
(g) Using in the canvass of votes and/or proclamation any file or document other
9 
than the official electronically transmitted results or the results contained in the
10 
data storage devices used in the printing of the official election returns or
11 
certificates of canvass under the automated system and/or the official election
12 
returns or official certificates of canvass under the manual counting system,
13 
unless otherwise authorized under this Code or by the Commission;
14 
(h) Refusing to credit the correct votes or deduct such tampered votes; Provided^
15 
That if such act constitutes electoral sabotage as defined in Article 45 of this
16 
Code, the perpetrator or perpetrators shall be liable thereunder;
17 
(i) Refusing to sign or certify, without any justifiable reason, any election form
18 
required by this Code or prescribed by the Commission although he was present
19 
during the meeting of the said body;
20 
0) Unjustified failure to prepare the supporting statement of votes for the
21 
certificates of canvass of votes.;
22 
(k) Causing any unwarranted delay in the transmission of the certificate of canvass
23 
or refusing without just cause to transmit said certificate of canvass;
24 
(I) Failure, without justifiable cause, to digitally sign the certificate of canvass that
25 
shall be electronically transmitted; or to observe any of the measures
26 
prescribed by the Commission to preserve the integrity of the certificates of
27 
canvass pursuant to Section 234 of this Code;
28 
(m) Failure to prepare the required number of certificates of canvass under the
29 
automated system and/or the manual system; or to distribute the same in
30 
accordance with Section 235 of this Code;
31 
(n) Unjustifiably disallowing accredited watcher in the canvassing center; or
32 
unlawfully depriving such watcher of any right set forth in this Code; or
33 
preventing any action which such watcher may lawfully take without any lawful
34 
justification therefor;
35 
(o) Refusal or failure to proclaim the winning candidate or candidates or proposition
36 
without any legal justification therefor; or causing any unwarranted and
37 
vexatious delay in proclaiming said candidate or candidates or proposition; or
182


1 
failing to observe the tie breaking procedure set forth in Section 254 of this
2 
Code;
3 
(p) Signing or authenticating any copy of the certificate of canvass or its supporting
4 
statement of votes 
outside of the canvassing center, unless otherwise
5 
authorized by the Commission; or
6 
(q) Knowingly signing or authenticating a certificate of canvass or its supporting
7 
statement of votes which does not accurately reflect the result of the
8 
canvassing.
9 
SEC. 429. Illegal appointment of members of the board. - Any of public officer
10 
or any person acting in his behalf who knowingly appoints as member of the board of
11 
canvassers or barangay board of canvassers, any person who is ineligible to be so
12 
appointed shall be liable for an election offense.
13 
SEC. 430. Vote padding. - Any person who performs any act, either manually
14 
or through the use of communications and information technology, for the purpose of
15 
tampering, increasing, or decreasing the votes received by a candidate/s or party-list
16 
group/s or proposition/s; or who actually tampers, increases, or decreases the votes
17 
received by candidate/s or party-list group/s or proposition/s through any means
18 
whatsoever; or causes such tampering, increase or decrease, shall be guilty of an
19 
election offense: Provided, That in case said tampering, increase, or decrease
20 
constitutes Electoral Sabotage as defined in Article 45 of this Code, he shall be liable
21 
thereunder.
22 
SEC. 431. Unlawful removal or defacement of the posted certificate of canvass.
23 
- Any person who removes the certificate of canvass posted within the premises of
24 
the canvassing center, whether within or after the prescribed forty-eight (48) hours
25 
of posting, without authority therefor, or defaces the same, in any manner, shall be
26 
liable for an election offense: Provided, however, That the chairperson or any member
27 
of the electoral board may remove said election returns for the purpose of immediately
28 
transferring it to a more suitable place.
29 
SEC. 432. Simulation of certificates of canvass or forging of signatures therein.
30 
- Any person who simulates an actual certificate of canvass or a print or digital copy
31 
thereof; or forges thereon the signature of any or all of the members of the board of
32 
canvassers, barangay board of canvassers, or plebiscite board of canvassers, as the
33 
case may be, shall be liable for an election offense.
34 
In the event that the simulation constitutes electoral sabotage as defined under
35 
Article 45, the offender shall be liable thereunder.
36 
SEC. 433. Offenses attributable to the citizens'arm during canvassing. - In
37 
addition to the election offenses mentioned In the preceding sections, any member or
38 
officer of the duly accredited citizens' arm shall be liable for an election offense for
39 
the following acts or omissions:
183


1 
(a) Refusal to present the citizens' arm to present for perusal Its copy of the
2 
election return to the board of canvassers; or
3 
(b) Presentation by the citizens' arm of tampered or spurious election returns.
4 
SEC. 434. Other offenses related to the counting and canvassing of votes. -
5 
Any person who, in the presence or within the hearing of any board of canvassers,
6 
barangay board of canvassers, or plebiscite board of canvassers during any of its
7 
meetings, conducts himself in such a disorderly manner as to interrupt or disrupt the
8 
work or proceedings to the end of preventing said body from performing its functions,
9 
either partly or totally shall be liable for an election offense.
10 
Any public official or person acting in his behalf who, without prior authority
11 
from the Commission, relieves any member of the electoral board, barangay electoral
12 
board, plebiscite committee, board of canvassers, barangay board of canvassers,
13 
plebiscite board of canvassers or any of the ballot reception and custody group from
14 
the polling center or canvassing center to which such member is assigned; or who
15 
changes or causes the change of assignments of any of such member from one polling
16 
center or canvassing center to another polling center or canvassing center, as the case
17 
may be, shall be guilty of an election offense.
18 
Article 43
19 
Offenses Against the Integrity of the Ballots, Election Returns, Certificates
20 
of Canvass and Devices Used in Voting, Counting, and Canvassing
21 
SEC. 435. Unauthorized use, tampering with, damaging, destruction, or
22 
stealing of election paraphernalia. - Any person who, without legal authority, utilizes,
23 
tampers with, damages, destroys, substitutes or takes away from the possession of
24 
those having legal custody thereof, or from the place where they are legally deposited,
25 
the ballot box, official ballots, election returns, certificates of canvass, electronic
26 
devices or their components, peripherals or supplies, and any other election
27 
paraphernalia, whether before, during, or after voting or during canvassing or
28 
transmission of results, shall be liable for an election offense.
29 
SEC. 436. Unauthorized opening of the ballot box; removal or destruction of
30 
its contents. - Any person having legal custody of the ballot box containing the official
31 
ballots used in the election who opens or destroys said box or removes or destroys its
32 
contents shall be liable for an election offense: Provided, That no criminal, civil, or
33 
administrative liability shall attach if the opening of the ballot box or removal of its
34 
contents is sanctioned under the provisions of this Code or by the Commission or if
35 
the destruction of the contents of the ballot box was made under the express order
36 
of the Commission.
184


1 
Any person who, through his negligence, enables any person to commit any of
2 
the aforementioned acts, or takes away said ballot box from his custody shall likewise
3 
be guilty of an election offense.
4 
SEC. 437. Unauthorized interference with the vote counting and canvassing
5 
systems. - Any person who interferes, impedes, absconds, or prevents the installation
6 
or use of the computer counting devices and the processing, storage, generation, and
7 
transmission of election results, data or information; or unlawfully gains access to the
8 
software for such devices; or who alters, destroys, replaces, intercepts, or discloses
9 
any computer data, program, software or any computer-related devices, facilities,
10 
hardware or equipment used for the voting, counting of votes, transmission of voting
11 
results, or canvassing of votes, shall be guilty of an election offense.
12 
SEC. 438. Obstruction of transmission of resuits. - It shall be unlawful for any
13 
person to delay, obstruct. Impede or prevent through force, violence, coercion,
14 
intimidation or by any means which vitiates consent, the transmittal of the election
15 
returns, certificates of canvass, or the storage device upon which such document or
16 
documents are stored, or to take away, abscond with, destroy, deface, mutilate or
17 
substitute the election returns, certificates of canvass, the ballot box containing the
18 
election returns, or the storage device on which the election returns or certificate
19 
canvass of votes is stored or to violate the right of the watchers.
20 
It shall likewise be unlawful for any person to alter, intercept, delay, replace,
21 
prevent, or otherwise interfere with, in any manner, the electronic transmission of the
22 
results of the voting. Any illegal access or data or system interference, as defined in
23 
R.A. 10175 on the server, database, or computer system used in the transmission
24 
and/or consolidation of the results of voting shall constitute an election offense.
25 
Should the act or acts under this Section constitute electoral sabotage under
26 
Article 45, the offender or offenders shall be prosecuted and punished thereunder.
27 
SEC. 439. Faiiure to account for or preserve the baiiot box, baiiots, eiection
28 
returns, certificates of canvass, vote counting equipment and other eiection devices.
29 
- Any public official who neglects or fails to properly preserve or account for any ballot
30 
box, official ballot, election returns, certificates of canvass, other election documents
31 
and forms, vote counting machine, canvassing system, and other election devices and
32 
paraphernalia received by him and kept under his custody shall be liable for an election
33 
offense.
34 
The provincial, city, or municipal treasurer, the members of the custody group,
35 
the election officer, or any other person who is required by law or by the Commission
36 
to keep a record of the quantity, serial numbers, and such other details of the official
37 
ballots, election returns, certificates of canvass, ballot boxes, counting machines,
38 
and/or storage devices who fails to keep such record; or who keeps a record that has
185


1 
been falsified; or who fails to furnish the representatives of the dominant majority and
2 
minority parties and/or the Commission thereof shall be guilty of an election offense.
3 
SEC. 440. Unauthorized printing or distribution of baiiots. - Any person who,
4 
without authority, prints or causes the printing of any ballot or election returns that
5 
appears as official ballots or election returns or who distributes or causes the same to
6 
be distributed for use in the election, whether or not they are actually used, shall be
7 
guilty of an election offense.
8 
Any official or employee of the National Printing Office or the Bangko Sentral
9 
ng Pilipinas or of the Commission or any member of the committee in charge of the
10 
printing of official ballots or election returns who causes official ballots or election
11 
returns to be printed in quantities exceeding those authorized by the Commission; or
12 
who distributes, delivers, or in any manner disposes of or causes to be distributed,
13 
delivered, or disposed of, any official ballot or election returns to any person or persons
14 
not authorized by law or by the Commission to receive or keep official ballots or
15 
election returns; or who distributes, delivers, or in any manner disposes of or causes
16 
to be distributed, delivered, or disposed of, the official ballots or election returns in
17 
quantities exceeding those authorized by the Commission; or who sends or causes
18 
them to be sent to any place not designated by law or by the Commission, shall be
19 
liable for an election offense.
20 
Any person who causes the printing of the ballots by any entity other than the
21 
Bangko Sentral ng Pilipinas and/or the National Printing Office shall likewise be
22 
criminally liable.
23 
SEC. 441. Disaiiowing watchers from observing pre-eiection preparations. -
24 
Any person who unjustifiably disallows duly authorized watchers from observing the
25 
printing of ballots, distribution of ballots, configuration of vote counting machines and
26 
memory devices to be used for elections, and other preparations undertaken by the
27 
Commission for the elections which, by the provisions of this Code or by the rules and
28 
regulations of the Commission, should be observed by such watchers; or who
29 
unlawfully prevents any authorized watcher present at such preparations or activities
30 
from fully observing the same or from taking down notes thereof to the extent allowed
31 
by this Code or by the Commission, shall be liable for an election offense.
32 
SEC. 442. Use of simuiated eiection documents. - Any person who presents in
33 
evidence a simulated copy of an election return, certificate of canvass or statement of
34 
votes, or a printed copy of an election return, certificate of canvass or statement of
35 
votes bearing a simulated certification or a simulated image, shall be guilty of an
36 
election offense.
37 
SEC. 443. Acts vioiating the integrity of the officiai baiiots, eiection returns,
38 
and certificates of canvass. - Any person who, through any act, means or device,
39 
violates the integrity of any official ballot or election returns before or after they are
186


1 
used in the election, or the integrity of the certificate of canvass, shall be iiable for an
2 
election offense.
3 
SEC. 444. Other election offenses pertaining to the integrity of the ballots and
4 
other election documents. - Any person who violates Sections 220, 221, 222, and 240
5 
of this Code or the ruies and regulations promulgated by the Commission pursuant
6 
thereto shall be guilty of an election offense.
7 
Article 44
8 
Election Offenses Related to Overseas Voting
9 
SEC. 445. In addition to the prohibited acts under other Articles in this Chapter,
10 
the following acts, when committed within the context of overseas voter registration,
11 
overseas voting, overseas counting of votes, or overseas canvassing of votes, shall be
12 
unlawful:
13 
(a) For any officer or employee of the Philippine government to influence or
14 
attempt to influence any overseas voter to vote or not to vote for a particular
15 
candidate;
16 
(b)For any person to uniawfully deprive any overseas voter or registrant for
17 
overseas voting of his or her rights as set forth in this Code, or to give false
18 
information as to one's name, address, or period of residence for the purposes
19 
of establishing the eligibility or ineligibility to register or vote under Chapter VI
20 
of this Code; or to conspire with another person for the purpose of encouraging
21 
the giving of false information in order to establish the eligibility or ineligibility
22 
of any individual to register or vote under aforesaid Chapter; or, to pay, or offer
23 
to pay, or to accept payment either for application for registration, or for voting;
24 
(c) For any person to steal, conceal, alter, destroy, mutilate, manipulate, or in any
25 
way tamper with the mail containing the ballots for overseas voters, the election
26 
returns, or any record, document or paper required for purposes of overseas
27 
voting;
28 
(d) For any deputized agent of the Commission to refuse without justifiable ground,
29 
to serve or continue serving, or to comply with one's sworn duties after
30 
acceptance of the deputization;
31 
(e) For any public officer or employee or accredited or deputized organization or
32 
association to cause the preparation, printing, distribution or posting of
33 
information or material pertaining to overseas voting, without the prior
34 
approval of the Commission;
35 
(f) For any public officer or employee to cause the transfer, promotion, extension,
36 
recall of any member of the foreign service corps, including members of the
37 
attached agencies, or otherwise cause the movement of any such member from
187


1 
the current post or position one (1) year before and three (3) months after the
2 
day of elections, without securing the prior approval of the Commission;
3 
(g) For any person who, after being deputized by the Commission to undertake
4 
activities in connection with the implementation of overseas voting, shall
5 
campaign for or assist, in whatever manner, candidates in the elections;
6 
(h) For any person to engage in partisan political activity abroad during the thirty
7 
(30)-day overseas voting period for overseas voting; or
8 
(i) For any person, who is not a citizen of the Phiiippines, to participate, by word
9 
or deed, directiy or indirectly through qualified organizations/associations, in
10 
any manner and at any stage of the Philippine political process abroad,
11 
including participation in the campaign and elections;
12 
Should any of the foregoing act or acts constitute electoral sabotage under
13 
Article 45, the offender or offenders shall be prosecuted and punished thereunder:
14 
Provided, That Section 446 shail still apply.
15 
SEC. 446. Extra-territorial application.- The provision of existing laws to the
16 
contrary notwithstanding, and with due regard to the Principle of Double Criminality,
17 
the prohibited acts described in the preceding section are electoral offenses and shall
18 
be punishable in the Philippines regardless of its place of commission. In cases where
19 
any of the acts in the preceding section is committed outside the territory of the
20 
Philippines, the Regional Trial Court of the City of Manila shall have jurisdiction to hear
21 
and try the case.
22
23 
Article 45
24 
Electoral Sabotage
25 
SEC. 447. Electoral Sabotage; how committed. - Electoral sabotage is
26 
committed by any person who tampers, increases, or decreases the votes received by
27 
a proposition, candidate, candidates, or party-list group in any election; or by any
28 
member of the eiectoral board, barangay electoral board, board of canvassers, or
29 
barangay board of canvassers who refuses, after proper verification and hearing, to
30 
credit the correct votes or deduct such tampered votes; when any of the following
31 
circumstances is present:
32 
(1) The tampering, increase and / or decrease of votes perpetrated or the refusal to
33 
credit the correct votes or to deduct tampered votes, is/are committed in the
34 
election of a national elective office or in a national plebiscite, referendum, or
35 
initiative, which is voted upon nationwide and the tampering, increase and/ or
36 
decrease of votes or refusal to credit the correct votes or to deduct tampered
37 
votes, shall adversely affect the results of the election to the said national office
188


1 
or the results of a national plebiscite, referendum, or initiative, to the extent that
2 
a losing candidate/s or proposition is /are made to appear as the winner/s;
3 
(2) Regardless of the elective office or type of plebiscite, referendum, or initiative
4 
Involved, when the tampering, increase and/or decrease of votes committed or
5 
the refusal to credit the correct votes or to deduct tampered votes perpetrated ,
6 
is accomplished in a single election document or in the transposition of the figure
7 
/ results from one election document to another and involved in the said
8 
tampering, increase, and/or decrease or refusal to credit correct votes or deduct
9 
tampered votes exceed five thousand (5,000) votes, and that the same adversely
10 
affects the true results of the election, plebiscite, referendum, or initiative; or
11 
(3) Regardless of the elective office or type of plebiscite, referendum, or initiative
12 
involved and the results of the election or such plebiscite, referendum, or
13 
initiative, the tampering, increase/s and/ or decrease/s of votes perpetuated or
14 
the refusal to credit the correct votes or deduct the tampered votes, involves
15 
more than ten thousand (10,000) votes.
16 
SEC, 448. Who are liable; extent of liability. - In cases involving electoral
17 
sabotage, as defined in this Article, the following persons shall be liable:
18 
(a) Any and all persons or individuals who actually performed the tampering,
19 
increase, or decrease of votes;
20 
(b) Any and all members of the electoral board, barangay electoral board, plebiscite
21 
committee, board of canvassers, barangay board of canvassers, or plebiscite
22 
board of canvassers who refused to credit the correct votes or to deduct
23 
tampered votes; or who consented to such refusal to credit the correct votes
24 
or to deduct tampered votes; or who fails to object and put into the minutes
25 
his or her objection to the refusal to credit the correct votes or to deduct
26 
tampered votes;
27 
(c) Any and all persons who ordered, induced, caused, or conspired with the
28 
person or persons who tampered, increased, or decreased the votes, or with
29 
the member or members of the electoral board, barangay electoral board,
30 
plebiscite committee, board of canvassers, barangay board of canvassers, or
31 
plebiscite board of canvassers who refused to credit the correct votes or to
32 
deduct tampered votes, shall be liable to the same extent as the actual
33 
perpetrator or perpetrators; and
34 
(d)Any and all persons who acted as accomplices or accessories, as understood
35 
under the Revised Penal Code, shall be liable to the same extent as the actual
36 
perpetrator of the acts or omissions constituting electoral sabotage.
37 
SEC. 449. Prosecution. - Any of the following shall be sufficient basis to
38 
establish prima facie that there is probable cause that electoral sabotage has been
39 
committed and that the persons involved therein are liable therefor:
189


1 
(a) When at least ten thousand (10,000) 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 ten thousand (10,000) 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 one
7 
for which he or she is seeking election; or there are unnecessary marks in such
8 
ballots; or there is any other similar irregularity therein; or
9 
(c) When a total of at least ten thousand (10,000) official ballots were printed or
10 
distributed in excess of the total number of ballots allowed to be printed or
11 
distributed.
12 
Nothing in this Section shall be interpreted as to exclude or render inadmissible
13 
such other evidence as may be sufficient to establish probable cause that electoral
14 
sabotage has been committed and/or the person in question is probably guilty thereof.
15 
Neither shall the existence of the any of the foregoing be required to indict,
16 
investigate, prosecute or convict any person for electoral sabotage.
17
18 
Article 46
19 
Other Election Offenses
20 
SEC. 450. Wagering upon the result of the election. - Any person who bets or
21 
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 an
28 
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 offense.
190


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 a
6 
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 unjustifiable
12 
delay in the payment of the per diem and allowances of any member of the electoral
13 
board, barangay electoral board, plebiscite committee, board of canvassers, barangay
14 
board of canvassers, plebiscite board of canvassers, support staff, or any other person
15 
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. -
191


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 person
9 
found guilty under Sections 416, 419, 420,422 (a), (b), (c), (d), and (e), and 423
10 
(b), without the benefit of the operation of the Indeterminate Sentence Law. If
11 
the offender is a public officer or a candidate, the penalty shall be prision mayor
12 
in its medium period. In addition, the offender shall be sentenced to suffer
13 
perpetual disqualification to hold public office and deprivation of the right to vote.
14 
(C)The penalty of prision correccional in its maximum period shall be meted against
15 
any person found guilty of committing any of the election offenses covered by
16 
Article 42, except those under Sections 424 (a), (b), (c), (d), (e), and (h), 426,
17 
428 (f), (h), (k), and (q), 430, or 432 thereof.
18 
The penalty prision mayor in its minimum period shall be imposed upon any person
19 
found guilty under Sections 424 (a), (b), (c), (d), (e), and (h), 426, 428 (f), (h),
20 
(k), and (q), 430, or 432, without the benefit of the operation of the Indeterminate
21 
Sentence Law. If the offender is a public officer or a candidate, the penalty shall
22 
be prision mayor in its medium period. In addition, the offender shall be sentenced
23 
to suffer perpetual disqualification to hold public office and deprivation of the right
24 
to vote.
25 
(D)The penalty of prision mayor in its minimum period shall be imposed upon any
26 
person found guilty of committing any of the election offenses under Article 43 of
27 
this Code, except the election offense defined in Section 441 thereof. The penalty
28 
of prision correctional in its maximum period shall be imposed upon any person
29 
found guilty under Section 441.
30 
All persons found guilty of committing any of the offenses covered by Article 43,
31 
except for the offense under Section 441, cannot avail of the benefit of the
32 
operation of the Indeterminate Sentence Law. If the offender is a public officer
33 
or a candidate, the penalty shall be prision mayor in its medium period. In
34 
addition, the offender shall be sentenced to suffer perpetual disqualification to
35 
hold public office and deprivation of the right to vote.
36 
(E) For election offenses covered by Article 44, except Section 445 (c) thereof, the
37 
penalty shall be prision correccional in its maximum period.
38 
The penalty of prision mayor in its minimum period shall be imposed upon any
39 
person found guilty under Section 445 (c) without the benefit of the operation of
192


1 
the Indeterminate Sentence Law. If the offender is a public officer or a candidate,
2 
the penalty shall be prision mayor in its medium period. In addition, the offender
3 
shall be sentenced to suffer perpetual disqualification to hold public office and
4 
deprivation of the right to vote.
5 
(F)Any person found guilty of electoral sabotage, as defined under Article 45,
6 
whether as a principal, accomplice, or accessory, shall be meted the penalty of
7 
life imprisonment and shall be automatically perpetually disqualified from holding
8 
public office and from exercising his or her right to suffrage.
9 
(G)The penalty of arresto mayor in its maximum period shall be imposed upon any
10 
person who is found guilty of violation any of the offenses covered by Article 46,
11 
except for the offense under Section 451 thereof.
12 
(H)The penalty of prision mayor in Its minimum period shall be imposed upon any
13 
person found guilty under Section 451 without the benefit of the operation of the
14 
Indeterminate Sentence Law. If the offender is a public officer or a candidate,
15 
the penalty shall be prision mayor in its medium period. In addition, the offender
16 
shall be sentenced to suffer perpetual disqualification to hold public office and
17 
deprivation of the right to vote.
18 
SEC. 460. Disqualification. - Except in instances when the Code prescribes for
19 
perpetual disqualification to hold public office and/or to exercise the right of suffrage,
20 
any person who is convicted by final judgment of any election offense under this Code
21 
shall be disqualified from holding public office and from exercising his or her right to
22 
vote during the duration of his sentence and for five years thereafter.
23 
SEC. 461. Use of information and communications technology. - The penalty
24 
to be imposed for any of the offenses under this Chapter shall be one (1) degree
25 
higher if the same was committed by, through or with the use of information and
26 
communications technologies.
27 
SEC. 462. Liability under other laws. - A prosecution or conviction under this
28 
Code shall be without prejudice to any liability for violation of any provision of the
29 
Revised Penal Code, as amended, or special laws.
30 
SEC. 463. Prescription. - The offense of electoral sabotage under Article 45
31 
shall prescribe after twenty (20) years from the date of its commission. All other
32 
election offenses under this Chapter shall prescribe after ten (10) years from the date
33 
of their commission.
34 
In all cases, if the discovery of the offense be made in an election contest
35 
proceeding, the period of prescription shall commence on the date on which the
36 
judgment in such proceedings becomes final and executory.
37 
SEC. 464. Preferential disposition of election offenses. - The investigation and
38 
prosecution of cases Involving violations of the election laws shall be given preference
193


1 
and priority by the Commission on Elections and prosecuting officials. Their
2 
investigation shall be commenced without delay, and shall be resolved by the
3 
investigating officer within five days from its submission for resolution. The courts
4 
shall likewise give preference to election offenses over all other cases, except petitions
5 
for the issuance of a temporary protection order in cases involving violence against
6 
women and children, petitions for a Writ of Habeas Corpus or Writ of Amparo, and
7 
such other cases which the Supreme Court shall deem very urgent. Their trial shall
8 
likewise be commenced without delay, and shall be conducted continuously until
9 
terminated. The case shall be decided within thirty days from its submission for
10 
decision.
11 
SEC. 465. Arrest in connection with the election campaign. - No person shall
12 
be arrested and/or detained at any time for any alleged offense committed during and
13 
in connection with any election through any act or language tending to support or
14 
oppose any candidate, political party or coalition of political parties under or pursuant
15 
to any order of whatever name or nature and by whomsoever issued except only upon
16 
a warrant of arrest issued by a competent judge after all the requirements of the
17 
Constitution shall have been strictly complied with.
18
19 
CHAPTER XI
20 
FINAL PROVISIONS
21 
Article 48
22 
Transitory and Final Provisions
23 
SEC. 466. Pending actions. - Pending actions and causes of action arising
24 
before the effectivity of this Code shall be governed by the laws then in force.
25 
SEC. 467. Designation of Other Dates for certain Pre-election Acts. - If it should
26 
no longer be reasonably possible to observe the periods and dates prescribed by law
27 
for certain pre-election acts, the Commission shall fix other periods and dates in order
28 
to ensure accomplishment of the activities so voters shall not be deprived of their right
29 
of suffrage.
30 
SEC. 468. Separability clause. - Should any portion of this Code be declared
31 
unconstitutional, the other subparagraphs, paragraphs, sections, articles, or chapters
32 
not affected thereby shall remain valid and effective.
33 
SEC. 469. Repealing clause. - All laws, decrees, orders, and issuances, or
34 
portions thereof, which are inconsistent with the provisions of this Act, are hereby
35 
repealed, amended, or modified accordingly.
36 
SEC. 470. Effectivity. - This Code shall take effect thirty (30) days after its
37 
publication in two daily newspapers of general circulation.
Approved,
194